Quimbee logo
DMCA.com Protection Status

New England Health Care Employees Union v. NLRB

448 F.3d 189 (2006)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

New England Health Care Employees Union v. NLRB

United States Court of Appeals for the Second Circuit

448 F.3d 189 (2006)

Facts

The New England Health Care Employees Union (the Union) (plaintiff) had members that went on strike at Avery Heights (Avery), a nursing home and assisted-living facility for 500 residents. During the strike, Avery began secretly hiring permanent employees to replace the striking workers. When the Union learned that Avery was hiring permanent replacement workers, it offered to immediately and unconditionally return to work. Avery recalled striking workers to positions that had not been filled by replacement employees, eventually rehiring approximately 80 striking workers. The Union alleged that Avery had violated the National Labor Relations Act by not reinstating all the striking workers. Though employers are allowed to hire replacement workers in order to withstand a strike, an administrative-law judge (ALJ) found that Avery had an unlawful motive—to break up the Union—when it hired the replacement workers in secret. The ALJ supported its decision by pointing to additional evidence in which Avery’s management hinted at hoping to break the Union by replacing Union workers with employees who were not Union members. The National Labor Relations Board (NLRB) (defendant) reversed the ALJ and found that Avery did not have an unlawful motive when it hired the replacement workers. The NLRB reasoned that Avery was not required to notify the Union that it was hiring replacement workers. Because Avery had no duty to disclose its hiring, the NLRB reasoned that an unlawful motive could not be inferred from Avery’s secrecy. The Union appealed, arguing that the NLRB’s decision was arbitrary and capricious.

Rule of Law

Issue

Holding and Reasoning (Jacobs, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership