National Labor Relations Board v. Medical Manors, Inc., D/B/A Community Convalescent Hospital and Community Convalescent East

497 F.2d 292 86 L.R.R.M. (BNA) 2609 , 74 Lab.Cas. P 10,071 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MEDICAL MANORS, INC., d/b/a Community Convalescent Hospital and Community Convalescent East, Respondent. No. 73-1763. United States Court of Appeals, Ninth Circuit. May 15, 1974. Charles I. Cohen (argued), Marcel Mallet-Prevost, Asst. Gen. Counsel, NLRB, Washington, D.C., Roy O. Hoffman, Director, Region 20, NLRB, San Francisco, Cal., for petitioner. J. Richard Thesing (argued), of Littler, Mendelson & Fastiff, San Francisco, Cal., for respondent. Before BROWNING and TRASK, Circuit Judges, and GRAY, * District judge. PER CURIAM: 1 This case comes before the court upon the application of the National Labor Relations Board, pursuant to Section 10(e) of the National Labor Relations Act, 29 U.S.C. 151 et seq., for enforcement of its order against Medical Manors, Inc. d/b/a Community Convalescent Hospital (Hospital West) and Community Convalescent East (Hospital East). The Board's January 10, 1973, decision ( 201 NLRB No. 27 ) held that the hospitals violated Sections 8(a)(1) and (5) of the Act by unilaterally implementing a change in employee health insurance coverage and by…

(concurring):

I agree that the enforcement of the Board’s mandatory bargaining order must be denied. However, I would deny such enforcement because I am unable to conclude that, under the circumstances, the enrollment of the two employees in the Kaiser health program constituted even a marginal violation of section 8(a)(1).

This case comes before the court upon the application of the National Labor Relations Board, pursuant to Section 10(e) of the National Labor Relations Act, 29 U.S.C. § 151 et seq., for enforcement of its order against Medical Manors, Inc. d/b/a Community Convalescent Hospital (Hospital West) and Community Convalescent East (Hospital East). The Board’s January 10, 1973, decision ( 201 NLRB No. 27 ) held that the hospi *293 tais violated Sections 8(a)(1) and (5) of the Act by unilaterally implementing a change in employee health insurance coverage and by refusing to bargain with an incumbent union.

The hospitals, located in Vallejo, California, are separate corporations engaged in the business of operating convalescent hospitals for profit. They are managed by a common administrator. In 1968, the Hospital and Institutional Workers’ Union, Local 250, Service Employees International Union (Union) was certified as the collective bargaining representative of separate units of housekeeping, dietary, and nursing employees at each hospital. On October 1, 1968, Hospital West entered into a collective bargaining agreement with the Union effective until July 31, 1971, and from year to year…