SINAI HOSPITAL OF BALTIMORE, INC. v. NLRB

No. 21-1642, No. 21-1683.

33 F.4th 715 (2022)

SINAI HOSPITAL OF BALTIMORE, INC., d/b/a VSP, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and 1199 SEIU United Healthcare Workers East, Intervenor. National Labor Relations Board, Petitioner, v. Sinai Hospital of Baltimore, Inc., d/b/a VSP, Respondent. and 1199 SEIU United Healthcare Workers East, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: May 10, 2022.


Attorney(s) appearing for the Case

ARGUED: J. Eric Paltell , KOLLMAN & SAUCIER, P.A., Timonium, Maryland, for Petitioner/Cross-Respondent. Eric C. Weitz , NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. Ashley Evangeline Macaysa , ABATO, RUBENSTEIN & ABATO, P.A., Baltimore, Maryland, for Intervenor. ON BRIEF: Jordan F. Dunham , KOLLMAN & SAUCIER, P.A., Timonium, Maryland, for Petitioner/Cross-Respondent. Jennifer Abruzzo , General Counsel, Peter Sung Ohr , Deputy General Counsel, Ruth E. Burdick , Deputy Associate General Counsel, David Habenstreit , Assistant General Counsel, Kira Dellinger Vol , Supervisory Attorney, Jared D. Cantor , Senior Attorney, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Respondent/Cross-Petitioner. James R. Rosenberg , ABATO, RUBENSTEIN & ABATO, P.A., Baltimore, Maryland, for Intervenor.

Petition for review denied, and cross-application for enforcement granted, by published opinion. Judge King wrote the opinion, in which Judge Niemeyer and Judge Motz joined. Judge Niemeyer wrote a separate concurring opinion.


Sinai Hospital of Baltimore, Inc.'s Vocational Services Program ("VSP") seeks judicial review of a decision and order of the National Labor Relations Board (the "Board") finding that VSP engaged in unfair labor practices, in contravention of § 8(a)(1) and (5) of the National Labor Relations Act (the "Act"), 29 U.S.C. &...

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