Jackson Hospital Corp. v. National Labor Relations Board, No. 10-1271 (D.C. Cir. 2011)
Annotate this CasePetitioner sought review of an adverse decision of the National Labor Relations Board ("Board") where an ALJ found that petitioner violated section 8(a)(3) and (1) of the National Labor Relations Act ("Act"), 29 U.S.C. 151 et seq., when it placed a registered nurse on "investigatory suspension" because of her protected union activities. At issue was whether the ALJ's decision was supported by substantial evidence. The court held that the Board's general counsel offered insubstantial evidence, if any, to establish that the nurse's protected union activity was a motivating factor in her suspension and therefore, the general counsel failed to carry his burden under the first prong of the NLRB v. Wright Line test so as to make out a prima facie case and shift the burden of proof to petitioner. Therefore, the Board had no basis to conclude that petitioner violated section 8(a)(3) and (1) of the Act. Accordingly, the court granted the petition for review and denied the Board's cross-application for enforcement.
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