N. T. Enloe Memorial Hospital, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

Enloe Memorial Hospital (Enloe) petitions for review of a National Labor Relations Board (NLRB) order finding that En-loe violated sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. § 158 (a)(5) & (1). The NLRB found that Enloe had refused to bargain with California Nurses Association (CNA), the exclusive bargaining representative of the unit employees, and had instituted unilateral changes in the wages and fringe benefits of the employees in April 1978. N. T. Enloe Memorial Hospital and California Nurses’ Association, 250 NLRB 583 (1980). The NLRB cross-applies for enforcement of its order directing Enloe to bargain and to refrain from unilaterally altering the terms and conditions of employment in the unit. Because we conclude that the Board’s decision is supported by substantial evidence and accords with applicable case law, we deny Enloe’s petition and grant enforcement.

I

Since 1966, CNA has been the exclusive bargaining agent at Enloe Memorial Hospital. The first contract between CNA and Enloe covered April 1974 to March 1976. In 1976, CNA nurses struck. The parties entered a new agreement, effective April 1, 1976 through March 31,1978, wherein CNA…