Flagstaff Medical Center, Inc. v. NLRB, No. 11-1326 (D.C. Cir. 2013)
Annotate this CaseThe union charged Flagstaff with dozens of unfair labor practices under the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (3). The ALJ dismissed most of the allegations and a divided Board affirmed eight violations, reinstated four charges the ALJ had missed, and affirmed the dismissal of everything else. Rejecting the ALJ's findings, the Board concluded that Flagstaff violated section 8(a)(1) when its president threatened employees that unionization would be futile; and that Flagstaff violated section 8(a)(1) and (3) by modifying an employee's schedule in retaliation for her union activity and by firing another employee because of his union activity. The court agreed that the Board failed to muster substantial evidence for its conclusions about the president and one of the employees and, therefore, granted Flagstaff's petition in part. The court denied the petition in all other respects.
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