N.L.R.B. v. HOSPITAL SAN RAFAEL, INC.

No. 93-2026.

42 F.3d 45 (1994)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOSPITAL SAN RAFAEL, INC., and Centro Medico Del Turabo, Inc., and Its Subsidiaries, Turabo Medical Center Limited Partnership and Hospital Inter-americano De Medicina Avanzada, Respondents.

United States Court of Appeals, First Circuit.

Decided December 12, 1994.


Attorney(s) appearing for the Case

David A. Grant with whom Betty Southard Murphy, Jean H. Baker, Baker & Hostetler, Washington, DC, Heber E. Lugo-Rigau and Ledesma, Palou & Miranda, Hato Rey, PR, were on brief for respondents.

Fred L. Cornnell with whom Frederick C. Harvard, Supervisory Atty., Daniel Silverman, General Counsel, Linda Sher, Acting Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, N.L.R.B., Washington, DC, were on brief for petitioner.

Before BREYER, Chief Judge, BOUDIN and STAHL, Circuit Judges.


BOUDIN, Circuit Judge.

This is a difficult labor-law case made even more difficult because the pertinent doctrines have confusing labels, overlap with one another and occasionally mutate. We begin with the facts and procedural history, and then address the legal issues and the claims of error.

I.

For many years, Hospital San Rafael, Inc., ("San Rafael") operated a neighborhood hospital in Caguas, Puerto Rico...

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