Kapiolani Hospital v. National Labor Relations Board

This petition presents for review a Board order that the employer, Kapiolani Hospital, violated § 8(a)(1) and (3) of the National Labor Relations Act (Act) [ 29 U.S.C. § 158 (a)(1) and (3)], by discharging an unrepresented ward clerk because she refused to cross the picket line of the striking registered nurses. Petitioner claims that the employee was not protected from termination by the Act because she failed to give the 10 days’ advance notice under 8(g) [ 29 U.S.C. § 158 (g)] of the Act that is required of a striking labor organization and because the employee failed to give two hours’ prior notice of her absence as is required by hospital rules.

FACTS

Petitioner Kapiolani Hospital (Hospital) is an acute care hospital engaged in providing maternity, obstetrical, and gynecological care. It is the primary obstetrical care facility for the Island of Oahu. The maternity section of the Hospital is divided into the labor and delivery unit, the first postpartum (special care) unit, the nursery, and the second postpartum unit. Ward clerk Kiyohara was assigned to the second postpartum unit. Other members of the nursing staff include registered nurses (RNs), licensed practical nurses…