N.L.R.B. v. COMMITTEE OF INTERNS & RESIDENTS

No. 1447, Docket 77-6075.

566 F.2d 810 (1977)

NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellant, v. COMMITTEE OF INTERNS AND RESIDENTS, and New York State Labor Relations Board, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 21, 1977.


Attorney(s) appearing for the Case

Carl L. Taylor, Associate Gen. Counsel, N.L.R.B., Washington, D.C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, William Wachter, Asst. Gen. Counsel for Sp. Litigation, Ruth E. Peters, Atty., N.L.R.B., Washington, D.C., of counsel), for plaintiff-appellant.

Murray A. Gordon, New York City, for defendant-appellee Committee of Interns and Residents.

Norbert M. Phillipps, Gen. Counsel, New York State Labor Relations Bd., New York City, for defendant-appellee New York State Labor Relations Bd.

Gerald A. Bodner, New York City, on the brief, for amicus curiae Albert Einstein College of Medicine.

Carl William Vogt, Jay C. Counts, Washington, D.C. (Fulbright & Jaworski, Washington, D.C., of counsel), on the brief, for The Association of American Medical Colleges, amicus curiae.

Richard L. Epstein, Lawrence A. Manson, Chicago, Ill. (Sonnenschein Carlin Nath & Rosenthal, Chicago, Ill., of counsel), on the brief, for The American Hospital Association, amicus curiae.

Guggenheimer & Untermyer, New York City, on the brief, for Long Island Jewish-Hillside Medical Center, amicus curiae.*

Kenneth A. Harfenist, Misericordia Hospital, New York City, on the brief, for Misericordia Hospital Medical Center, amicus curiae.*

Poletti, Freidin, Prashker, Feldman & Gartner, New York City, on the brief, for Beth Israel Medical Center, amicus curiae.*

Proskauer, Rose, Goetz & Mendelsohn, New York City, on the brief, for Greater New York Hospital Ass'n and Hospital Ass'n of New York State, amici curiae.*

Raphael, Searles, Vischi, Scher, Glover & D'Elia, New York City, on the brief, for Brookdale Hospital Medical Center, amicus curiae.*

Before MESKILL, Circuit Judge, and NEAHER and COFFRIN, District Judges.


MESKILL, Circuit Judge:

Prior to 1974, workers in voluntary, non-profit hospitals were excluded from coverage under federal labor law. In that year, Congress amended the National Labor Relations Act ("NLRA") to include the labor-management relations of all non-profit health care institutions. Pub.L. No. 93-360, 88 Stat. 395 (1974) (amending 29 U.S.C. §§ 151 et seq. (1970)) ("the Health Care Amendments"). This case requires us to consider the preemptive...

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