STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA NURSES ASSOCIATION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-463

) PERC NO. 8H-RC-751-0119

FISH MEMORIAL HOSPITAL, )

)

Public Employer. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, G. Steven Pfeiffer, held a public hearing in this case on July 17 and 18, 1975, at New Smyrna Beach, Florida.

The following appearances were entered:

APPEARANCES

For Petitioner: Benjamin R. Patterson, Esquire

2007 Apalachee Parkway Tallahassee, Florida

For Public William E. Sizemore, Esquire

Employer: Shackleford, Farrior, Stallings and Evans Post Office Box 3324

Tampa, Florida 33601 SUMMARY OF THE CASE

The Florida Nurses Association ("petitioner" hereafter) filed a petition with the Public Employees Relations Commission ("PERC" hereafter) on April 18, 1975. Petitioner is seeking to represent a unit of employees of the Southeast Volusia Hospital District d/b/a Fish Memorial Hospital ("Public Employer" hereafter). The unit described in the petition would include all full-time and part-time registered professional nurses employed by the Public Employer, and would exclude all other professional and non-professional employees, and all managerial and confidential employees. The Public Employer asserts that the Petitioner's unit designation is inappropriate in that a broader unit including licensed practical nurses, radiological technicians, nuclear medicine, laboratory technicians, and pharmacists is mandated. The Public Employer maintains that the Administrator of the hospital, the Director of Nursing Services, Supervisory nurses, and head nurses should be excluded from any unit deemed appropriate (see: transcript pp 9-10). 1/

The purposes of the hearing were to consider and to develop a record from which PERC might consider and determine the following issues:

1. Whether the Volusia County Hospital District d/b/a Fish Memorial Hospital is a public employer within the meaning of Florida Statutes, Chapter 447.

   
   

2. Whether the Petitioner is an employee organization within the meaning of Florida Statutes, Chapter 447.

   
   

3. Whether there is a sufficient showing of interest as required for the filing of a representation election petition under Florida Statutes, Chapter 447.

   
   

4. Whether the employee organization is a properly registered organization with the Public Employees Relations Commission.

   
   

5. What is the appropriate unit of public employees in the case.

The Public Employer called Mr. William Schneider, the Hospital Administrator; Ms. Fran Doggett, the Director of Nursing Services; and Ms. Marcella Chappell, a head nurse. The Petitioner called Linda McDonald and Carol Camplinger, Registered Nurses employed by the Public Employer; June Hadlow, a head nurse; and Mary J. Finnen, Executive Director of the Florida Nurses Association. The parties were allowed an opportunity to file Legal Memoranda and proposed Hearing Officer's Reports. Each party filed a Proposed Report.

FINDINGS OF FACT

1. The petition herein was filed by Petitioner with PERC on April 18, 1975. (Hearing Officer's Exhibit 1).

   
   

2. The hearing in this case was scheduled by notice dated June 4, 1975. (Hearing Officer's Exhibit 2).

   
   

3. The Southeast Volusia Hospital District d/b/a Fish Memorial Hospital is a public employer within the meaning of Florida Statutes, Section 447.002(2). (Stipulation TR 5-6).

   
   

4. The Petitioner is an association which has sought to represent public employees in matters relating to their employment relationship with a public employer. The Petitioner has been certified by PERC to serve as the bargaining representative for public employees in Dade County. (TR Volume 3, 96-99).

   
   

5. The Petitioner has requested recognition as the bargaining agent in the proposed unit. (Stipulation TR, Volume 1, 6).

   
   

6. There is no contractual bar to holding an election in this case. (Stipulation, TR Volume 1, 6).

   
   

7. There is no pertinent collective bargaining history that will affect this case. (Stipulation, TR 6, 7).

   
   

8. PERC has previously determined that the petitioner is a duly registered employee organization. (Hearing Officer's Exhibit 3). No evidence was offered at the hearing to rebut the administrative determination previously made by PERC.

   
   

9. PERC has previously determined that the Petitioner filed the requisite Showing of Interest with its petition. (Hearing Officer's, Exhibit 4). No

   evidence was offered at the hearing to rebut the administrative determination previously made by PERC.

   
   

10. Registered Nurses are professional employees within the meaning of Florida Statutes, Section 447.002(13). (Stipulation, TR volume 1, 32-33).

    
    

11. The Public Employer is a special taxing district created by the Florida Legislature. See: Laws of Florida, Chapter 65-2362 (1965). The governing body is a five member board of commissioners. The purpose of the district is to operate the Fish Memorial Hospital. It is a small hospital in the industry parlance, having 74 beds. The hospital offers traditional medical services, and is licensed by the State of Florida as a general acute care hospital. The hospital employs between 180 and 200 persons. Approximately 140 of the employees are involved directly in patient care. 109 of the employees are within the Department of Nursing Services. (TR Volume 1, 10-16).

    
    

12. The hospital's chief executive officer is the Administrator, Mr. William Schneider. The Administrator reports directly to the Board of Trustees. He has the authority in the interest of the public employer to hire and discharge employees, and to finally resolve employee grievances. He is responsible for preparing a proposed budget, and has authority to authorize expenditures of up to $1,000. He is charged generally with the responsibility of managing the operation of the hospital. (TR, Volume 1 10-25).

    
    

13. The Director of Nursing Services has the authority to hire and discharge employees within her department. She is the top management official within the Nursing Services Department, and is responsible, for evaluating, promoting, or suspending employees in her department. She prepares the budget for her department. In the absence of the Hospital Administrator she has charge of the total hospital operations. She participates in the planning and development of administrative and personnel policies and procedures effecting her department, and other hospital services. (TR Volume 1 26-48, 67-72, Public Employer's Exhibit 2-G).

    
    

14. Shift supervisors report directly to the Director of Nursing Services. They are responsible for supervising nursing activities on the wards during their shifts. They allocate the available staff of registered nurses, licensed practical nurses, and other employees. Depending upon which shift they work, the shift supervisor may have from 3 to 5 registered nurses working under her. Shift supervisors participate in the evaluation of employees on their shift.

    The evaluations must ultimately be approved by the Director of Nursing Services. The evaluations are used by the Public Employer to determine whether pay increases will be granted to an employee. Shift supervisors give some input into the budgetary process by advising the Director of Nursing as to needs.

    Shift supervisors attend regularly scheduled meetings with the Director of Nursing, and head nurses. During these meetings the performance of individual employees, and policies or potential policies which would apply throughout nursing services are discussed. (TR Volume 1 10-94, Volume 2 3-40, Public Employer's Exhibit 2-G).

    
    

15. The head nurses answer to the shift supervisors, and are generally charged with administering nursing services on a hospital floor, or in a specialty area, such as the Intensive Care Unit or Emergency Room. At the beginning of each shift, the head nurse is responsible for securing information from the prior shift with respect to patients on the floor. Head nurses typically have one or two registered nurses under their supervision. One head nurse has four registered nurses under her supervision. The head nurse cannot

    hire, fire, transfer, suspend, or promote employees; however, she can make recommendations to the shift supervisors or to the Director of Nursing. In the case of specialized units, such as the Intensive Care Unit, head nurses may conduct job interviews, and their evaluations respecting new employees and old employees are given special consideration. Head nurses evaluate registered nurses and licensed practical nurses who work on their shifts. These evaluations are subject to review by the shift supervisor, and by the Director of Nursing Services, and are not routinely adopted by the Director of Nursing Services if the evaluation is a negative one. The evaluations are used to determine whether pay increases should be granted, and can be used in making a decision respecting continued employability. The head nurse serves as the first step in the grievance procedure. If she is unable to resolve grievances she refers them to the Director of Nursing Services. The head nurse can remove an employee from duty on the spot if special circumstances, such as intoxication, warrant it. The head nurse has access to the personnel files of other other employees. The head nurse makes holiday schedules, which must be approved by the supervisor, and by the Director of Nursing. The head nurse does not have a private office. In the absence of the shift supervisor a head nurse will serve as shift supervisor. This regularly occurs during weekend shifts. Head nurses are requested to provide information respecting budgetary needs. Head nurses spend a good portion of their active duty working day rendering direct patient services. (TR Volume 1 30-32, 77-94, volume 2 15-20, 42-60, Volume 3 4-95, Public Employer's Exhibit 2-G, Public Employer's Exhibit 6).

    
    

16. Licensed practical nurses work at the hospital with registered nurses. Generally a registered nurse can perform every task that a licensed practical nurse is authorized to perform, but a licensed practical nurse cannot perform many functions that are performed by a registered nurse. For example, a licensed practical nurse cannot perform intravenous injections, or dispense drugs to a patient. A licensed practical nurse reports to a registered nurse for decision making respecting patient care. Registered nurses supervise the activities of licensed, practical nurses. Generally licensed practical nurses dispense medication, including administering shots, give bed baths, BM care, and are assigned to postpartum and nursery care. In order to be classified as a licensed practical nurse, a person must pursue a one-year course off study. The educational program includes a basic introduction to nursing, practical theoretical instruction, and applied practice in hospital study. They study basic nursing skills, specific diseases, and basic pharmacology. The curriculum is not so in depth as the course of study pursued by registered nurses, which includes basic college courses, and courses relating to specific kinds of nursing assignments. Occasionally a licensed practical nurse will be in charge of a floor at the Fish Memorial Hospital, but this is not routine, and they generally report to a registered nurse. (TR Volume 1 57-67, Volume 2 6-14, Volume 3 22-26, 32-33, public Employer's Exhibit 2-G).

    
    

17. Radiological Technicians pursue an 18 month training and educational program. Nuclear Medicine Technicians pursue an Associate Degree program in nuclear medicine. Pharmacists pursue a Baccalaureate Degree program followed by an internship. Radiological Technicians, Nuclear Medicine Technicians, Laboratory Technicians, and Pharmacists are all directly engaged in patient care as are Registered Nurses and Licensed Practical Nurses. There is considerable communication and contact among these people. Their functions are not, however, identical. Although a registered nurse may, under certain circumstances, perform the functions of a pharmacist, she would not perform the functions of a radiological technician, a nuclear medicine technician, or a laboratory technician. Nor would pharmacists, laboratory technicians, nuclear medicine technicians or radiological technicians serve as registered nurses.

Radiological technicians, nuclear medicine technicians, laboratory technicians, and pharmacists are all licensed by the State of Florida. (TR Volume 1 28-29, 43-45, 49-66, Volume 2 7-9, Volume 3 22-46, Public Employee's Exhibits 2-C, 2-E, 2-F).

ENTERED this 20th day of October, 1975, in Tallahassee, Florida.

G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTE

1/ References to pages in the official transcript will hereafter be designated "TR" followed by the page number.

COPIES FURNISHED:

Benjamin R. Patterson, Esquire 2007 Apalachee Parkway Tallahassee, Florida

William E. Sizemore, Esquire

Shackleford, Farrior, Stallings, and Evans

P. O. Box 3324

Tampa, Florida 33601

Docket for Case No: 75-000463

Orders for Case No: 75-000463