Dalewood Rehabilitation Hospital, Inc., D/B/A Golden State Habilitation Convalescent Center v. National Labor Relations Board

Good Law
566 F.2d 77·97 L.R.R.M. (BNA) 2632·1977 U.S. App. LEXIS 5575
United States Court of Appeals for the Ninth CircuitDecember 19, 197776-2634California1,502 words

Opinion

Opinion

Solomon, J.

Dalewood Rehabilitation Hospital, Inc. (the Hospital) seeks to review and the National Labor Relations Board (the Board) seeks to enforce the Board’s order requiring the Hospital to bargain with its employees’ representatives.

An administrative law judge held that the Hospital’s refusal to bargain did not violate Sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(1) and § 158(a)(5) (the Act), because the Hospital had reasonable grounds for a good faith doubt that the union represented a majority of the employees in the bargaining unit. The Board reversed the holding of the administrative law judge and ordered the Hospital to bargain collectively with the union.

This court has jurisdiction pursuant to 29 U.S.C. § 160 (f).

The Hospital operates a convalescent home in Baldwin Park, California, called the Golden State Habilitation Convalescent Center. On September 24, 1973, the Board certified the Hospital and Service Employees Union, Local 399, Service Employees International Union, AFL-CIO, (the Union) as the exclusive bargaining agent for about 100 of the Hospital’s employees, including dietary, housekeeping, laundry and maintenance workers,…

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