Rush University Medical Center v. National Labor Relations Board
833 F.3d 202
| D.C. Cir. | 2016Background
- Health Care Rule (1989) created eight standardized bargaining units for acute-care hospitals to curb unit proliferation and protect public health duties.
- Rule limits preexisting nonconforming units to case-by-case adjudication, and requires new units to conform to one of the eight standardized units insofar as practicable.
- For additional (new) units, the Board must include all residual employees that fit the same standardized unit.
- Armour-Globe self-determination elections add unrepresented employees to an existing unit and are distinguished from creating new units; such elections were deemed outside the Rule’s Section 103.30(c) in St. Vincent.
- Rush University Medical Center petitioned to add Patient Care Technicians (PCTs) to an existing nonconforming unit via Armour-Globe; PCTs were included, leaving Nurse Assistant IIs out.
- The court upheld the Board’s exclusion of Nurse Assistant IIs and granted enforcement of the Board’s order after Rush’s challenge was rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Armour-Globe elections fall under 103.30(c). | Rush argues Armour-Globe must include all residuals in the same unit. | Board exempt Armour-Globe from 103.30(c) to avoid unit proliferation. | Armour-Globe falls outside 103.30(c); no all-residuals requirement. |
| Whether 103.30(c) applies to adding to an existing unit or only to creating a new unit. | Rush contends the rule applies identically to both scenarios. | Board distinguishes adding to an existing unit from creating a new unit. | Rule applies differently; Armour-Globe additions need not comply with 103.30(c). |
| Whether Nurse Assistant IIs should have been included in the voting group. | Rush argues they share community of interest with PCTs. | Board found no community of interest based on three distinguishing factors. | Board’s exclusion of Nurse Assistant IIs upheld. |
Key Cases Cited
- Am. Hosp. Ass’n v. NLRB, 499 U.S. 606 (U.S. 1991) (health care rule context and statutory interpretation)
- St. Vincent Charity Med. Ctr., 357 NLRB 854 (D.C. Cir. 2011) ( Armour-Globe elections outside 103.30(c))
- St. John’s Hosp, 307 NLRB 767 (1992) (incumbent seeking residual employees to join existing unit)
- Kaiser Found. Hosps., 312 NLRB 933 (1993) (Section 103.30(c) applies to petitions for additional units)
- Crittenton Hosp., 328 NLRB 879 (1999) (exemption of non-applicability of 103.30(c) where no new unit)
- Rhode Island Hosp., 313 NLRB 343 (1993) (community of interest factors in determining voting group)
- St. Mary’s Duluth Clinic Health Sys., 332 NLRB 1419 (2000) (further context on residual unit determinations)