National Labor Relations Board v. Mercy Hospitals of Sacramento, Inc.

The National Labor Relations Board (Board) seeks enforcement of its order, published at 224 N.L.R.B. 419 , ordering Mercy Hospitals of Sacramento, Inc. (Mercy) to bargain collectively on request with Local 250, Hospital and Institutional Workers Union, SEIU, AFL-CIO (Union), to cease and desist from interfering with its employees in the exercise of their statutory rights, and to post notices. This court has jurisdiction pursuant to § 10(e) of the National Labor Relations Act (the Act), 29 U.S.C. § 151 et seq.

I.

On August 26, 1974, the Act was amended to cover persons employed at health care institutions, including non-profit hospitals, Pub.L. 93-360, 88 Stat. 395 (1974). On that same day, the Union filed with the Board four petitions for representation elections, seeking certification as the bargaining representative for two separate employee units at each of Mercy’s two locations. Representation hearings were held to determine the appropriate bargaining units. Three other labor organizations intervened in those hearings.

The parties stipulated to a service-and-maintenance unit and an all-clerical unit and to the classifications of employees in each of these units. The parties…