United Nurses Associations of California v. NLRB, No. 15-70920 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed the Board's determination that CVMC committed serious and widespread unfair labor practices before and after the Union election in violation of the National Labor Relations Act (NLRA). The panel also granted the Union's petition for review of an issue regarding whether CVMC's written policy banning employees from communicating with the media should be rescinded as an unfair labor practice. In this case, CVMC's meritless due process argument did not preclude summary enforcement of the Board's order; CVMC violated Section 8(a)(1) and (3) by firing an employee; CVMC violated Section 8(a)(1) by serving subpoenas seeking information about confidential union activity protected by Section 7; CVMC's unfair labor practices warranted the Board's remedy of a reading order; and remand was appropriate for the Board to address an unfair labor practice that was litigated and closely connected to the complaint.
Court Description: Labor Law. The panel denied the Chino Valley Medical Center’s petition for review of the National Labor Relations Board’s order determining that Chino Valley committed unfair labor practices before and after a nurses union election in violation of the National Labor Relations Act (“NLRA”), except as to an incidental petitioning argument that the panel dismissed for lack of jurisdiction; enforced the Board’s order; granted the United Nurses Associations of California/Union of Health Care Professionals, NUHHCE, AFSCME, AFL-CIO (the “Union”)’s petition for review; and remanded for the Board to address rescission of Chino Valley’s written policy during the compliance stage. The panel held that Chino Valley’s due process argument – that the administrative law judge allegedly exhibited anti- employer bias – was without merit. Because Chino Valley did not otherwise contest the vast majority of the Board’s unfair labor practices findings, the panel summarily enforced the portions of the Board’s order that Chino Valley opposed only on due process grounds. The panel next considered Chino Valley’s substantive challenges to two unfair labor practices. First, the panel held that substantial evidence supported the finding that Chino Valley committed an unfair labor practice in violation of Sections 8(a)(1) and (3) of the NLRA by firing Ronald
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