National Labor Relations Board v. Ayer Lar Sanitarium

I. INTRODUCTION

Following a charge filed by Hospital and Professional Employees’ Division, Local 399, Building Service Employees’ International Union [“Union”] on February 15, 1968, a complaint and an amended complaint issued from the National Labor Relations Board’s [“Board”] regional director on March 29 and May 31, 1968, respectively. A hearing was held before a Board trial examiner on July 16 and 17, 1968, and the examiner found that respondent Ayer Lar Sanitarium [“Company”] had committed unfair labor practices in violation of § 8(a) (1), (3), and (5) of the Labor-Management Relations Act [“Act”], 29 U.S.C. § 158 . Based on such finding, the trial examiner recommended, inter alia, that a bargaining order issue in the Union’s favor.

On April 30, 1969, the Board adopted the trial examiner’s recommendations. 175 NLRB No. 119 . Thereafter, the Board reconsidered its decision sua sponte in light of the intervening Supreme Court decision in N. L. R. B. v. Gissel Packing Company, 395 U.S. 575 , 89 S.Ct. 1918 , 23 L.Ed.2d 547 (1969), and on November 13, 1969, the Board affirmed its initial decision. 179 NLRB No. 194 . The matter is now before this court on the application of the…