Longmont United Hospital v. NLRB, No. 22-1262 (D.C. Cir. 2023)
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Longmont United Hospital (Longmont) petitioned for a review of the decision of the National Labor Relations Board (NLRB or Board), concluding that Longmont violated the National Labor Relations Act by refusing to bargain with the National Nurses Organizing Committee/National Nurses United, AFL-CIO (Union). Longmont does not dispute that it refused to bargain with the Union. Instead, it challenges the representation election whereby a group of registered nurses at Longmont elected the Union as its exclusive collective bargaining representative.
The DC Circuit denied Petitioner's petition for review and granted the Board’s cross-application for enforcement. The court reasoned that Longmont has not shown a basis to disturb the Hearing Officer’s credibility findings. Further, the court held that the Board correctly declined to relitigate issues in the enforcement proceeding that had been decided in the representation proceeding. The Board did not adjudicate the General Counsel’s request for compensatory relief, and, as a result, any challenge to the fact or measure of compensatory damages is premature.
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