PruittHealth-Virginia Park, LLC v. NLRB, No. 16-1350 (D.C. Cir. 2018)
Annotate this CasePruittHealth appealed the Board's finding that the company's refusal to bargain constituted an unfair labor practice under Section 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1), (5), and order requiring the company to bargain with the union. The DC Circuit denied the petition for review and granted the Board's cross-application for enforcement. The court held that the Board's adoption of the Regional Director's decision overruling PruittHealth's blocking and threats-related objections was supported by substantial evidence and consistent with Board precedent. The court also held that it lacked jurisdiction over PruittHealth's claim that the Board erred in dismissing its unlawful photographing objection. In this case, the company failed to raise the claim with the Board in representation proceedings, as required by Section 10(e) of the Act.
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