Sutter E. Bay Hosps. v. NLRB, No. 11-1277 (D.C. Cir. 2012)
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Sutter East Bay Hospitals sought review of a National Labor Relations Board (Board) order concluding that Sutter East Bay violated the National Labor Relations Act. The Board cross-applied for enforcement of that order. Sutter East Bay conceded that it engaged in illegal surveillance of its employees' union activities, and the D.C. Circuit Court of Appeals granted the Board's application for enforcement of that determination. The Court also granted the Board's application for enforcement of the finding that Sutter East Bay unlawfully changed its solicitation policy to stifle support for a new labor union. The Court agreed with Sutter East Bay, however, that the ALJ failed to properly apply the appropriate legal standard in determining that the employer unlawfully disciplined its employee and granted Sutter East Bay's petition for review with regard to those disciplinary actions. Remanded to the Board for rehearing.
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