National Labor Relations Board v. Swedish Hospital Medical Center

The National Labor Relations Board petitions for enforcement of its order against Swedish Hospital Medical Center based upon the Board’s finding that the hospital committed an unfair labor practice in violation of Sections 8(a)(1), 8(a)(3), and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. §§ 158 (a)(1), (3), and (5), when it granted one day vacations to nonstrikers but refused to grant the vacation to strikers. The hospital argues that its action was not unlawful because the vacation 1) had a minimal impact upon its employees’ right to strike, 2) was prompted by a legitimate business interest, and 3) was a gift and not a term or condition of employment. We enforce the Board’s order.

BACKGROUND

On July 12, 1976 the bargaining representative of the Swedish Hospital Medical Center’s registered nurses, the Washington State Nurses Association, called a strike because it was unable to negotiate a collective bargaining agreement with the hospital. Of the hospital’s 447 registered nurses, 47 chose not to strike. During August and September, 11 of the striking nurses returned to work and 14 new nurses were hired. On September 17 an agreement was reached and the strike ended. On…