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VIRGINIA MASON HOSP. v. WASHINGTON STATE NURSES, ASSOC.

Nos. 06-35073, 06-35130.

511 F.3d 908 (2007)

VIRGINIA MASON HOSPITAL, a division of Virginia Mason Medical Center, a Washington non-profit corporation, Plaintiff-Appellant, v. WASHINGTON STATE NURSES ASSOCIATION, a labor union, Defendant-Appellee. Virginia Mason Hospital, a division of Virginia Mason Medical Center, a Washington non-profit corporation, Plaintiff-Appellee, v. Washington State Nurses Association, a labor union, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 21, 2007.

Attorney(s) appearing for the Case

Howard N. Goodfriend and Devin T. Theriot-Orr, Edwards, Sieh, Smith & Goodfriend, P.S., Seattle, WA, for the appellant/cross-appellee.

Lawrence Schwerin, Schwerin Campbell Barnard LLP, Seattle, WA, for the appellee/cross-appellant.

Barbara Allan Shickich and Charlick S. Fitzpatrick, Ridell Williams, P.S., Seattle, WA; Mary Sooter, Faegre & Benson, LLP, Boulder, CO; and Alice L. Bodley, American Nurses Association, Silver Spring, MD, for the amici curiae.

Before: WILLIAM C. CANBY, SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

GOULD, Circuit Judge:

In this appeal, we review the district court's decision granting summary judgment to the Washington State Nurses Association ("WSNA" or "the union") and upholding an arbitral award prohibiting Virginia Mason Hospital ("Virginia Mason" or "the hospital") from unilaterally implementing a mandatory flu immunization regime as a "fitness for duty" requirement for all nurses and other employees. The hospital contends that the arbitrator exceeded his...

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