[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR103.30]

[Page 116-117]
 
                             TITLE 29--LABOR
 
                CHAPTER I--NATIONAL LABOR RELATIONS BOARD
 
PART 103_OTHER RULES--Table of Contents
 
                 Subpart C_Appropriate Bargaining Units
 
Sec. 103.30  Appropriate bargaining units in the health care industry.


    (a) This portion of the rule shall be applicable to acute care 
hospitals, as defined in paragraph (f) of this section: Except in 
extraordinary circumstances and in circumstances in which there

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are existing non-conforming units, the following shall be appropriate 
units, and the only appropriate units, for petitions filed pursuant to 
section 9(c)(1)(A)(i) or 9(c)(1)(B) of the National Labor Relations Act, 
as amended, except that, if sought by labor organizations, various 
combinations of units may also be appropriate:
    (1) All registered nurses.
    (2) All physicians.
    (3) All professionals except for registered nurses and physicians.
    (4) All technical employees.
    (5) All skilled maintenance employees.
    (6) All business office clerical employees.
    (7) All guards.
    (8) All nonprofessional employees except for technical employees, 
skilled maintenance employees, business office clerical employees, and 
guards.

Provided That a unit of five or fewer employees shall constitute an 
extraordinary circumstance.
    (b) Where extraordinary circumstances exist, the Board shall 
determine appropriate units by adjudication.
    (c) Where there are existing non-conforming units in acute care 
hospitals, and a petition for additional units is filed pursuant to sec. 
9(c)(1)(A)(i) or 9(c)(1)(B), the Board shall find appropriate only units 
which comport, insofar as practicable, with the appropriate unit set 
forth in paragraph (a) of this section.
    (d) The Board will approve consent agreements providing for 
elections in accordance with paragraph (a) of this section, but nothing 
shall preclude regional directors from approving stipulations not in 
accordance with paragraph (a), as long as the stipulations are otherwise 
acceptable.
    (e) This rule will apply to all cases decided on or after May 22, 
1989.
    (f) For purposes of this rule, the term:
    (1) Hospital is defined in the same manner as defined in the 
Medicare Act, which definition is incorporated herein (currently set 
forth in 42 U.S.C. 1395x(e), as revised 1988);
    (2) Acute care hospital is defined as: either a short term care 
hospital in which the average length of patient stay is less than thirty 
days, or a short term care hospital in which over 50% of all patients 
are admitted to units where the average length of patient stay is less 
than thirty days. Average length of stay shall be determined by 
reference to the most recent twelve month period preceding receipt of a 
representation petition for which data is readily available. The term 
``acute care hospital'' shall include those hospitals operating as acute 
care facilities even if those hospitals provide such services as, for 
example, long term care, outpatient care, psychiatric care, or 
rehabilitative care, but shall exclude facilities that are primarily 
nursing homes, primarily psychiatric hospitals, or primarily 
rehabilitation hospitals. Where, after issuance of a subpoena, an 
employer does not produce records sufficient for the Board to determine 
the facts, the Board may presume the employer is an acute care hospital.
    (3) Psychiatric hospital is defined in the same manner as defined in 
the Medicare Act, which definition is incorporated herein (currently set 
forth in 42 U.S.C. 1395x(f)).
    (4) The term rehabilitation hospital includes and is limited to all 
hospitals accredited as such by either Joint Committee on Accreditation 
of Healthcare Organizations or by Commission for Accreditation of 
Rehabilitation Facilities.
    (5) A non-conforming unit is defined as a unit other than those 
described in paragraphs (a) (1) through (8) of this section or a 
combination among those eight units.
    (g) Appropriate units in all other health care facilities: The Board 
will determine appropriate units in other health care facilities, as 
defined in section 2(14) of the National Labor Relations Act, as 
amended, by adjudication.

[54 FR 16347, Apr. 21, 1989]

Subpart E [Reserved]

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