National Labor Relations Board v. Legacy Health System

Good Law
662 F.3d 1124·192 L.R.R.M. (BNA) 2012·2011 U.S. App. LEXIS 23245
United States Court of Appeals for the Ninth CircuitNovember 21, 201110-72478California1,523 words

Opinion

Opinion

Smith, J.

The National Labor Relations Board (the Board) petitions for enforcement of its order finding that Legacy Health System (Legacy Health) violated sections 8(a)(1) and (3) of the National Labor Relations Act (the Act), 29 U.S.C. § 158 (a)(1) and (3). We hold that, under section 10(e) of the Act, we do not have jurisdiction to hear Legacy Health’s exceptions to the Board’s remedial order, and accordingly, we grant summary enforcement of the Board’s order.

Background

The following facts are gleaned from the Board’s findings of fact, see generally Legacy Health System, 355 NLRB No. 76 , 2010 WL 3159238 (Aug. 9, 2010); Legacy Health System, 354 NLRB No. 45 , 2009 WL 2031023 (July 13, 2009), which are not challenged by the parties.

Legacy Health is based in the Portland, Oregon area, and it operates five hospitals, a research facility, and a number of clinics and labs. In total, it employs more than 9,000 people. It is party to seven different collective bargaining agreements with various labor unions, including two collective bargaining agreements with the Service Employees International Union, Local 49 (the Union). It also has a number of positions and departments that are…

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