NLRB denies Beth Israel Medical Center 's (Employer's) request for review of Regional Director’s Decision - Medical Interns, Residents, Chief Residents, and Fellows are statutory employees

Beth Israel Medical Center  (02-RC-121992)  New York, NY, June 11, 2014.  A Board panel majority consisting of Chairman Pearce and Member Schiffer denied the Employer’s request for review of the Regional Director’s Decision and Direction of Election.  The Regional Director found that the Employer’s medical interns, residents, chief residents, and fellows were statutory employees based on a factual analysis applying standards set forth in Boston Medical Center Corp., 330 NLRB 152 (1999) and St. Barnabas Hospital, 355 NLRB 233 (2010).  The Board majority found that the Employer’s reliance on Brown University, 342 NLRB 483 (2004), was misplaced because, for the reasons stated in St. Barnabas Hospital, Brown is not controlling in this case.  The Board noted that the Employer had not asked it to revisit or overrule Boston Medical Center Corp., but instead argued that the present case was factually distinguishable from that case and St. Barnabas.  The panel majority stated that, although the Employer had identified certain factual differences, these differences did not significantly implicate the considerations analyzed by and relied upon by the Board in those decisions.  Member Miscimarra, dissenting, would have granted review, given that (1) the Regional Director applied the standards set forth in Boston Medical Center Corp., St. Barnabas Hospital, and Brown University; (2) the Board has invited briefing in Northwestern University, 13-RC-121359, on whether Brown University should be adhered to, modified, or overruled; and (3) the foregoing cases engage in different factual analysis and apply different standards regarding statutory employee status.  Petitioner—Committee of Interns and Residents, Service Employees International Union, Local 1957.  Chairman Pearce and Members Miscimarra and Schiffer participated.