Mercy Health Partners

Mercy Health Partners (Mercy Health) (defendant) operated several Michigan hospitals, including Hackley and Mercy. A labor union (the union) represented employees at Hackley, while Mercy’s employees were unrepresented. At one point, Mercy Health’s parent company decided to start performing its subsidiaries’ administrative work, which would necessitate certain employment changes. A Hackley employee learned that an office was being prepared at Mercy for a group of Hackley employees. The Hackley employee confronted her supervisor, who confirmed that a relocation was planned but asked the employee not to tell the union steward because Mercy Health had not yet formally announced the relocation plan. A week later, Mercy Health’s director of labor relations and other supervisors met directly with five Hackley employees. The director informed the employees that they could transfer to Mercy for nonunion positions with nearly the same employment benefits, or, pursuant to their collective-bargaining agreement, they had 72 hours to accept layoff or “bump” a less senior unit employee. All five employees accepted the offer to transfer. Mercy Health notified the union of these circumstances just after the employees were notified, and thereafter, Mercy Health negotiated with the union about the effects of employees’ relocation. A labor case was brought before the National Labor Relations Board (the board). The judge determined that Mercy Health did not bypass the union and deal directly with employees in violation of the National Labor Relations Act. The board reviewed the matter.