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Salem Hosp. Corp. v. NLRB
United States Court of Appeals for the District of Columbia Circuit
808 F.3d 59 (2015)
Salem Hospital Corporation (Salem) (plaintiff) was a care facility in New Jersey. A union filed an election petition with the National Labor Relations Board (NLRB) (defendant) to represent Salem’s registered nurses. Salem alleged some members of the proposed bargaining unit were supervisors who were ineligible to join the union. Salem charged the union with committing an unfair labor practice by attempting to unionize supervisors. A representation hearing was held to determine whether the nurses in question were supervisors. The hearing officer found that the nurses were not supervisors. After the decision, Salem accused the hearing officer of engaging in ex parte communication with the nurses and filed a motion to transfer the case to a different NLRB office. Salem did not make specific accusations related to the alleged communication, and the hearing officer stated that he had not communicated with the nurses outside of the hearing. The NLRB found no evidence of ex parte communication and refused to transfer the case. Salem was later accused of refusing to bargain with the union, and Salem raised the alleged ex parte communication as an affirmative defense but did not claim it was prejudiced by the alleged ex parte communication. The NLRB granted a motion for summary judgment against Salem. Salem appealed.
Rule of Law
Holding and Reasoning (Henderson, J.)
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