Jackson Hospital Corp. v. National Labor Relations Board, 647 F.3d 1137

Jackson Hospital challenged an NLRB finding that it violated 8(a)(3) and (1) by placing nurse Frances Lynn Combs on investigatory suspension for union activity.
Union certification occurred in 1998; no collective bargaining agreement existed between the Hospital and the Union.
Combs joined the Union bargaining committee in 2006 and participated in sessions, drawing managerial concern about her role.
In January 2007, Combs was suspended after a meeting about new medication-policies; she contended she sought union representation.
The Hospital and Union failed to bargain effectively about Combs’ suspension; the NLRB found an unlawful discriminatory motive; the ALJ and Board affirmed, leading to the Hospital’s petition for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether union activity motivated the suspension under Wright Line.	Combs' union involvement was a protected activity and a motive for suspension.	Insufficient evidence that union activity motivated the suspension.	Board's animus finding not supported by substantial evidence.
Whether Weingarten rights applied to the meeting at issue.	Weingarten rights were triggered, creating a representation issue.	No Weingarten right existed because the meeting served to impose previously decided discipline.	No Weingarten right; meeting was to deliver predetermined discipline.
Whether post-meeting conduct evidence supported discrimination finding.	Management’s actions and timing show animus.	Union scheduling failures and other contextual factors nullify implied animus.	Disparate post-suspension conduct does not establish discriminatory motive.
Whether the Board applied the Wright Line standard correctly.	Prima facie case established; shifting burden should follow.	No substantial prima facie showing of protected activity influencing the decision.	Board's Wright Line reasoning not supported by substantial evidence.
Whether the Board’s decision rested on adequate evidentiary basis or legal standard.	Board properly found violation under 8(a)(3).	Board failed to meet substantial evidence standard.	Board decision reversed; no violation proven.

Int'l Union of Operating Engineers, Local 470 v. NLRB, 350 F.3d 105 (D.C. Cir. 2003) (establishes Wright Line burden shifting)
NLRB v. Wright Line, 662 F.2d 899 (1st Cir. 1981) (cert. denied, 455 U.S. 989 (1982); Wright Line standard)
Wright Line, 251 NLRB 1083 (1980) (test for protected activity as a motivating factor)
Baton Rouge Water Works Co., 246 N.L.R.B. 995 (1979) (Weingarten rights limitation when discipline is pre-determined)
NLRB v. Weingarten, Inc., 420 U.S. 251 (U.S. 1975) (recognized employee's right to union representation in certain investigations)