North Memorial Health Care v. NLRB, No. 16-3433 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit denied the hospital's petition for review of the Board's determination that it violated section 8(a)(1) of the National Labor Relations Act by interfering with nonemployee union representatives' use of its cafeteria; the Board's determination that it violated section 8(a)(5) by unilaterally changing its cafeteria access rules; and the Board's determination that the hospital violated section 8(a)(1) when it engaged in surveillance of two nonunion representatives. The court held that substantial evidence supported the Board's determination that the hospital violated the Act when it prohibited an employee from wearing union insignia in the hospital's atrium on the day of picketing. Therefore, the court denied the hospital's petition for review as to this issue. However, the Board incorrectly determined that the hospital violated the Act by telling two nonemployees that they were prohibited from wearing union shirts in the facility. Accordingly, the court granted the cross application for enforcement in part and granted the petition for review in part.
Court Description: Murphy, Author, with Benton and Beam, Circuit Judge] Petition for Review - National Labor Relations Board. The Board's determination that the employer violated Section 8(a)(1) by interfering with nonemployee union representatives' use of the hospital cafeteria on three separate dates is affirmed; substantial evidence supported the Board's determination that the hospital had a past practice of allowing nonemployee union representatives to use the cafeteria so long as their conduct did not rise to the level of a meeting, and the evidence supported the Board's determination that the hospital unilaterally changed its past practices when it interfered with cafeteria access by nonunion representatives; the petition for review of the Board's finding that the unilateral change in access violated Section 8(a)(5) is denied; the hospital's surveillance of two nonunion representative violated Section 8(a)(1); substantial evidence supports the Board's determination that the hospital violated the National Labor Relations Act by prohibiting its employee from wearing union insignia in the hospital's atrium on a day of informational picketing; the Board erred, though, in determining that this protection extended to a nonemployees wearing the insignia and the hospital did not violate the Act when it prohibited two nonemployees from wearing the union insignia on its premises. Judge Beam, dissenting.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.