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PRIME HEALTHCARE SERVICES-ENCINO LLC v. N.L.R.B.

No. 16-1370. Consolidated with 16-1423.

890 F.3d 286 (2018)

PRIME HEALTHCARE SERVICES — ENCINO LLC, d/b/a Encino Hospital Medical Center, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. SEIU Local 121RN, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

May 18, 2018.

Attorney(s) appearing for the Case

Jamie M. Konn , Atlanta, GA, argued the cause for petitioner. With him on the brief were Joseph A. Turzi , Washington, DC, and Jonathan S. Batten , Washington, DC.

Gregoire Sauter , Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Kira Dellinger Vol , Supervisory Attorney.

Lisa C. Demidovich , Pasadena, CA, argued the cause for intervenor SEIU Local 121RN. With her on the brief was Ira L. Gottlieb , Glendale, CA.

Before: Griffith and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.

The National Labor Relations Act ("Act" or "NLRA") imposes on employers a general duty to bargain in good faith with their employees' representatives over "wages, hours, and other terms and conditions of employment." 29 U.S.C. § 158(a)(5), (d). Pursuant to this duty to bargain, "an employer commits an unfair labor...

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