HOSPITAL DE LA CONCEPCION, PETITIONER v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT, 106 F.4th 69

Summary

HOLDINGS: [1]-The petitioner hospital, unsuccessfully sought a review of a decision and order of the NLRB, affirming and adopting, with modifications, the findings of an ALJ that found the petitioner violated NLRA, 29 U.S.C.S. § 158(a)(1) and (5) because the NLRB correctly concluded that the petitioner violated the NLRA; the collective bargaining agreements did not give petitioner the right to unilaterally reduce employees’ work hours, so it had an obligation to bargain; [2]-The NLRB rightly concluded that the petitioner violated the NLRA by failing to provide the Union with the requested information relevant to its decision to reduce the unit employees’ work hours since the petitioner had a duty to do so; [3]-The NLRB properly found that the petitioner failed to establish the affirmative defense of economic exigency to excuse its unilateral action.