NLRB v. Bluefield Hospital

After registered nurses employed at the Hospitals elected the Union as their bargaining representative, the Hospitals challenged the election results and refused the Union’s requests to bargain. The Board issued a final decision concluding that the Hospitals violated the National Labor Relations Act, 29 U.S.C. 151 et seq., by refusing to bargain with the Union. Determining that the Hospitals did not waive their argument regarding the Board's lack of quorum, the court gave deference to the Board's interpretation and concluded that the Regional Director’s authority to act was not abrogated during the period when the Board lacked a quorum. The court rejected the Hospitals' argument that the Regional Director was not validly appointed because the Acting General Counsel, was without authority to act at the time of Regional Director Harrell’s appointment. It is the Board - not the General Counsel - that retains final authority over the appointment of a Regional Director, and the Board approved the appointment of the Regional Director in this case. The court further concluded that there is no merit in the Hospitals' contention that the Board appointed the Regional Director after the Board lost a quorum and consequently, the appointment was invalid. Finally, the court concluded that the Hospitals’ sole challenge to the merits of the Board’s final decision was baseless. Accordingly, the court granted the Board's application for enforcement. View "NLRB v. Bluefield Hospital" on Justia Law