BOARD OF TRUSTEES OF MEMORIAL HOSPITAL v. N.L.R.B.

Nos. 77-2000, 77-2024.

624 F.2d 177 (1980)

BOARD OF TRUSTEES OF the MEMORIAL HOSPITAL OF FREMONT COUNTY, WYOMING, a Political Subdivision of the State of Wyoming, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. LUTHERAN HOSPITALS AND HOMES SOCIETY OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided July 3, 1980.


Attorney(s) appearing for the Case

William A. Smith, Lander, Wyo. (Paul V. Butz of W. A. Smith and Associates, Lander, Wyo., were on brief), for petitioner Board of Trustees of the Memorial Hospital of Fremont County, Wyoming.

James Baird, Chicago, Ill. (Joel H. Kaplan of Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., was also on brief), for petitioner Lutheran Hospitals and Homes Society of America; Stanislaw J. Damas of Mulligan & Damas, P. C., Denver, Colo., of counsel.

Christine Weiner Peterson, Washington, D. C. (Janet C. McCaa, John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., were on brief), for respondent.

Before HOLLOWAY and McKAY, Circuit Judges, and MILLER, Judge.


HOLLOWAY, Circuit Judge.

This opinion considers the consolidated petitions of the Lutheran Hospitals and Homes Society of America ("Society") and the Intervenor Board of Trustees of the Memorial Hospital of Fremont County, Wyoming ("Trustees"), to review and set aside an order of the National Labor Relations Board ("Board"). The Board found that the Society violated Sections 8(a)(5) and (1) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(5) and...

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