San Miguel Hospital Corp. v. National Labor Relations Board
403 U.S. App. D.C. 11
| D.C. Cir. | 2012Background
- San Miguel Hospital Corp. challenges a Board determination that a wall-to-wall unit of professionals and non-professionals is appropriate.
- The Health Care Rule lists eight designated units and permits combinations among them if sought by labor organizations.
- Hospital argued the Health Care Rule violates 29 U.S.C. § 159(c)(5) by making extent of union organization a controlling factor.
- Union petitioned for an election; professionals were included in the unit with non-professionals after a Sonotone-style hearing.
- Election results: professionals voted to join with non-professionals (48–19) and overall vote for union representation (121–73).
- Hospital refused to bargain; Board found violations and delayed remand proceedings after New Process Steel necessitated a three-member Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the Health Care Rule under § 159(c)(5) | Hospital argues Rule violates § 159(c)(5). | Board contends Rule is lawful and considers factors beyond organization extent. | Rule valid; extent of organization permissible as a factor. |
| Appropriateness of combining professionals and non-professionals | Combinations require extraordinary circumstances or community of interest. | Combinations may be appropriate under the Rule without extraordinary circumstances. | Combination permitted; extraordinary circumstances not required. |
| Waiver of community-of-interest challenge | Hospital could challenge COI at hearing; failure to do so waived issue. | Board should resolve whether COI exists; issue timely raised should be considered. | Hospital waived COI challenge; not required to remand. |
Key Cases Cited
- NLRB v. Metro. Life Ins. Co., 380 U.S. 438 (1965) (§ 9(c)(5) allows considerations besides organization extent)
- Country Ford Trucks, Inc. v. NLRB, 229 F.3d 1184 (D.C. Cir. 2000) (burden of proof standard on unit determinations)
- SEC v. Chenery Corp., 332 U.S. 194 (1947) (rulemaking deference and review framework)
- Brooks v. NLRB, 348 U.S. 96 (1954) (one-year presumption of majority; RM petitions)
- Sunbeam Corp., 89 N.L.R.B. 469 (NLRB 1950) (election validity and post-election challenges)
- New Process Steel, L.P. v. NLRB, 130 S. Ct. 2635 (2010) (delegee board must have at least three members)
- St. Margaret Memorial Hosp. v. NLRB, 991 F.2d 1146 (3d Cir. 1993) (background on broad unit determinations in health care)