Sinai Hospital of Baltimore, Inc. v. NLRB, No. 21-1642 (4th Cir. 2022)
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Defendant operates an acute care facility as well as a vocational and career-training program intended to help individuals facing barriers to employment find jobs. Disabled individuals who complete the program are eligible for job placement, possibly as janitors for Social Security Administration facilities. The Union sought to represent all janitors; however, Defendant objected, claiming that the janitors have a "rehabilitative" relationship and not an employment relationship. The NLRB determined the janitors are statutory employees. After a vote, the Union passed, but Defendant refused to recognize it.
The Fourth Circuit held that the Board's determination that the janitors were statutory employees was supported by the evidence. Thus, the NLRB had jurisdiction to certify the Union and, by refusing to acknowledge the Union, Defendant violated labor laws.
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