National Labor Relations Board v. Long Beach Youth Center, Inc., Long Beach Youth Center, Inc. v. National Labor Relations Board

The facts were stipulated and hearing before an administrative law judge waived. The facts may be summarized as follows:

Long Beach, a non-profit charitable corporation, operates a residential facility for emotionally disturbed male adolescents with drug-related problems. Long Beach provides medical, psychological, counseling and social work services for the residents, who are primarily referred to Long Beach by the Department of Social Services and the Probation Department. The staff at Long Beach functions as “surrogate parents” for the residents. Long Beach is a health care facility as defined in § 2(14) of the Act [ 29 U.S.C. § 152 (14)].

On April 30, 1975, three Long Beach employees met on the Long Beach premises and planned a work stoppage (a “sick-in”) to protest working conditions. They also made plans to apply for membership in Local 399, Hospital and Service Workers Union, AFL-CIO (Union).

On May 1,1975, five child care counselors (the whole morning shift) called in sick prior to the time they were supposed to report for work. During the next 24 hours, a total of 17 employees ceased work to protest working conditions. No notice of this work stoppage was given to Long…