California Pacific Medical Center v. National Labor Relations Board, National Labor Relations Board v. California Pacific Medical Center

Good Law
87 F.3d 304·96 Daily Journal DAR 7102·152 L.R.R.M. (BNA) 2593·1996 U.S. App. LEXIS 14744·96 Cal. Daily Op. Serv. 4384
United States Court of Appeals for the Ninth CircuitJune 19, 199693-71039, 94-70009California3,934 words

Opinion

Opinion

Fletcher, J.

California Pacific Medical Center (“CPMC”) petitions for review of the final Decision and Order of the National Labor Relations Board (“the Board”) which held that CPMC violated sections 8(a)(1) and (5) of the National Labor Relation Act. CPMC had refused to recognize the California Nurses Association (“CNA”) as the bargaining representative for a bargaining unit comprised of all registered nurses at Children’s Hospital of San Francisco (“Children’s”), and unilaterally altered the employment conditions of the Children’s nurses after Children’s merged with Pacific Presbyterian Center (“Presbyterian”) to form CPMC. We affirm the Board’s final Decision and Order.

I. FACTS AND PRIOR PROCEEDINGS

On June 16, 1991, Children’s and Presbyterian merged to form CPMC. The two hospitals are approximately one mile apart. After the merger, Children’s became CPMC’s “California Campus” and Presbyterian became CPMC’s “Pacific Campus.” To improve efficiency, CPMC took steps to integrate the two hospitals’ operations by eliminating duplications in staff, equipment, and services.

Before the merger, six unions represented the employees at Children’s and Presbyterian. CPMC decided to recognize only…

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