National Labor Relations Board v. Barstow Community Hospital

Good Law
474 F. App'x 497
United States Court of Appeals for the Ninth CircuitMarch 26, 201210-73450California916 words

Opinion

Opinion

MEMORANDUM

The National Labor Relations Board (NLRB) petitions for enforcement of its order finding that Barstow Community Hospital-Operated by Community Health Systems, Inc. (Barstow) violated sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158 (a)(1), (3). Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction under 29 U.S.C. § 160 (e). See NLRB v. Kolkka, 170 F.3d 937 , 939 (9th Cir.1999). We grant the NLRB’s application for enforcement of its order.

Barstow argues that the NLRB abused its discretion in denying Barstow an opportunity to reopen the record to present evidence that Lois Sanders (Sanders) was a supervisor exempt from NLRA protection as a registered nurse. According to Barstow, it had no reason to present this evidence before the NLRB decided three cases in 2006: Oakwood Healthcare, Inc., 348 N.L.R.B. 686 (2006), Croft Metals, Inc., 348 N.L.R.B. 717 (2006), and BEVERLY ENTERPRISES-MINNESOTA, INC., LIBIA GOLDEN CREST HEALTHCARE CENTER, 348 N.L.R.B. 727 (2006) (the Oakwood Healthcare trilogy)-

In…

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