RUSH UNIVERSITY MEDICAL CENTER v. N.L.R.B.

No. 15-1050 Consolidated with 15-1097.

833 F.3d 202 (2016)

RUSH UNIVERSITY MEDICAL CENTER, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Brotherhood of Teamsters Local 743, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 16, 2016.


Attorney(s) appearing for the Case

Kenneth F. Sparks , Chicago, IL, argued the cause for petitioner. With him on the briefs was Mark L. Stolzenburg , Chicago, IL.

Jacqueline M. Holmes , Washington, DC, and Jeffrey G. Micklos were on the brief for amici curiae American Hospital Association and the Federation of American Hospitals in support of petitioner.

Elizabeth A. Heaney , Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Elliott Becker , Attorney.

James B. Coppess , Washington, DC, argued the cause for intervenor. With him on the brief was Joel A. D'Alba , Chicago, IL. Gary S. Witlen , Washington, DC, entered an appearance.

Before: Griffith, Srinivasan and Wilkins, Circuit Judges.


In 1989, the National Labor Relations Board promulgated a rule aimed to address concerns about the undue proliferation of collective bargaining units in health care facilities. Excessive fragmentation of bargaining units was viewed to increase the potential for labor unrest, which could be particularly harmful to the public...

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