St. Elizabeth Community Hospital v. National Labor Relations Board

708 F.2d 1436 113 L.R.R.M. (BNA) 3157 , 97 Lab.Cas. P 10,245 ST. ELIZABETH COMMUNITY HOSPITAL, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Hospital and Institutional Workers Union Local 250, Service Employees International Union, AFL-CIO, Intervenor. No. 82-7098. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1982. Decided June 22, 1983. Thomas J. Dowdalls, San Francisco, Cal., for petitioner. Lynne Deitch, N.L.R.B., Washington, D.C., for respondent. David A. Rosenfeld, VanBourg, Allen, Weinberg & Roger, San Francisco, Cal., for intervenor. Petition from the National Labor Relations Board. Before TANG and POOLE, Circuit Judges, and THOMPSON, * District Judge. POOLE, Circuit Judge: 1 St. Elizabeth Community Hospital, of Red Bluff, California, petitions for review of a National Labor Relations Board decision and order finding violations of section 8(a)(1) and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. Sec. 158 (a)(1) and (5) (the Act), and requiring the hospital to enter into collective bargaining with the union elected to represent hospital service and maintenance employees. The hospital contends that since it is owned and…