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STANFORD HOSP. AND CLINICS v. N.L.R.B.

No. 01-1454.

325 F.3d 334 (2003)

STANFORD HOSPITAL AND CLINICS, Successor to UCSF Stanford Health Care, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Service Employees International Union, Local 715, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 2003.

Attorney(s) appearing for the Case

Laurence R. Arnold argued the cause for petitioner. With him on the briefs was John H. Douglas.

Steven B. Goldstein, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Margaret A. Gaines, Supervisory Attorney.

Benjamin I. Sachs argued the cause for intervenor. With him on the brief were Judith A. Scott and Craig Becker.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Petitioner, a hospital, adopted a policy prohibiting its employees from, among other things, soliciting and distributing materials to (1) fellow employees in areas adjacent to patient units and (2) all nonemployees throughout the hospital. Finding that Petitioner failed to demonstrate that such activities were likely to disturb patients, the National Labor Relations Board concluded that...

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