D.C. Circuit Rebuffs Hospital’s Challenge To NLRB Health Care Rule

Last Friday, the D.C. Circuit held that the NLRB properly certified the NUHHCE District 1199 NM as the representative of a “wall-to-wall” bargaining unit that included professional and nonprofessional employees of a New Mexico hospital, and found that the Hospital violated Sections 8(a)(1) and (5) of the NLRA when it refused to bargain with the union (San Miguel Hosp. Corp. v. NLRB, No. 11-1198, Nov. 2, 2012).  In a scathing opinion in which the court referred to some arguments advanced on behalf of the Hospital as “silly” and “a doozy,” the D.C. Circuit denied the Hospital’s petition for review and granted the Board’s cross-applications for enforcement. 

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