National Labor Relations Board v. Neuro Affiliates Company

702 F.2d 184 112 L.R.R.M. (BNA) 3290 , 96 Lab.Cas. P 14,191 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. NEURO AFFILIATES COMPANY, a joint venture between American Psychiatric Hospital of California and N.P.H.S., dba Woodview-Calabasa Hospital, Respondents. No. 81-7746. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 6, 1982. Decided March 24, 1983. Elliott Moore, Washington, D.C., Roger W. Goubeaux, Los Angeles, Cal., for petitioner. Timothy F. Ryan, McLaughlin & Irvin, Newport Beach, Cal., John P. Campbell, Ford, Harrison, Sullivan, Lowry & Sykes, Atlanta, Ga., for respondents. Petition to Enforce Order of The National Labor Relations Board. Before GOODWIN and WALLACE, Circuit Judges, and EAST * , District Judge. GOODWIN, Circuit Judge: 1 Woodview-Calabasas Hospital lost a decertification election during an economic strike. It then refused to bargain with the Hospital and Service Employees Union, contending that certain strikers who had "abandoned" employment should not have been eligible to vote. The hospital challenged the certification of the union as the collective bargaining unit. The board granted summary judgment for the union and…