Virginia Mason v. NLRB

FACTS

Virginia Mason operates twenty health care facilities in the Puget Sound region. The facility at issue in this appeal is the 2316 VIRGINIA MASON MEDICAL CENTER v. NLRB inslow Clinic, located on Bainbridge Island. The Union won certification as the representative of unit employees at the Winslow Clinic on December 2, 2000. Virginia Mason tested the certification by refusing to bargain with the Union. The Board found against Virginia Mason, and held that it must bargain with the Union. The remedial order stated:

To ensure that the employees are accorded the ser- vices of their selected bargaining agent for the period provided by law, we shall construe the initial period of the certification as beginning the date the Respon- dent begins to bargain in good faith with the Union.

On May 28, 2002, the D.C. Circuit denied Virginia Mason’s petition for review and granted the Board’s cross-appeal for enforcement of the remedial order. Virginia Mason submitted to the court’s judgment and began compliance with the terms of the remedial order.

On June 25, 2002, the Union requested information from Virginia Mason, which it timely supplied. On August 28, the Union requested a…