Saints Mary and Elizabeth Hosp. v. N.L.R.B.
| Decision Date | 13 January 1987 |
| Docket Number | 86-5158,Nos. 86-5114,s. 86-5114 |
| Citation | 808 F.2d 1211 |
| Parties | 124 L.R.R.M. (BNA) 2306, 105 Lab.Cas. P 12,130 SAINTS MARY AND ELIZABETH HOSPITAL, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner. |
| Court | U.S. Court of Appeals — Sixth Circuit |
William A. Blodgett, Jr. (argued), Woodward, Hobson and Fulton, Louisville, Ky., for petitioner, cross-respondent.
Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., Howard E. Perlstein, John Welsh (argued), Howard Perlstein, Emil C. Farkas, Region 9, N.L.R.B., Cincinnati, Ohio, for respondent, cross-petitioner.
Before ENGEL, KRUPANSKY and NELSON, Circuit Judges.
This matter is before the court upon the cross-petitions of petitioner Saints Mary and Elizabeth Hospital to review and of the National Labor Relations Board to enforce an order directing petitioner hospital to bargain with the Kentucky Nurses Association, which had been certified by the Board as the exclusive bargaining representative of certain employees of the hospital. The Board's order is reported at 277 N.L.R.B. No. 45. The dispute is whether three nurse clinicians should have been allowed to vote in a decertification election.
In 1980 the union was certified as the exclusive bargaining agent of the hospital's registered nurses. The bargaining unit was described as follows:
All full-time and regular part-time registered nurses ..., including charge nurses, nursing instructors, admitting and discharge planning nurses, the health nurse, the health care coordinator, the triage nurse, and graduate nurses, but excluding all other employees, and all guards, all head nurses and all other supervisors....
After certification but before the signing of the collective bargaining agreement, the hospital created the nurse clinician positions that are at issue. Under the job description of the new position, a nurse clinician was a registered nurse and in addition had expertise in a particular area of patient care.
In 1982 there was a decertification election, and the description of the voting unit was almost identical to the description of the bargaining unit that was certified in 1980. The union challenged the three nurse clinicians' votes, and the election resulted in a two-vote margin in favor of continuing union representation.
The NLRB sustained the union's challenges to the three nurse clinicians. According to the Board, the hospital and...
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