Source: cases/29usc158/f4th-141-1279-district-hospital.case
Case source: https://www.neochart.com/catalog/cases/f4th/volume_141/1279/index.html
Overall, we uphold the Board’s determinations that the Hospital’s conduct amounted to bad faith surface bargaining in violation of Sections 8(a)(1) and 8(a)(5) of the NLRA.
casedsl 1 case /f4th/141/1279 name District Hospital Partners, L.P. v. NLRB cite 141 F.4th 1279 (2025) court Court of Appeals for the D.C. Circuit date 2025-06-27 url catalog/cases/f4th/volume_141/1279/index.html source ir/caselaw/f4th_141.jsonl sha1=9823839fba5247d634380080fa313cb07f7fbf21 chars=42836 law 29usc158 (a) role applied posture 2025 review of Board finding of surface bargaining based on combined no-strike, arbitration-elimination and other proposals. result claimant-won element refusal-to-bargain : satisfied [proved] scope merits variant surface-bargaining/no-strike-without-binding-arbitration theory combined bargaining proposals fact @30950..31073 [supports] | The Hospital’s proposal upset that balance by pairing a broad no-strike clause with the elimination of binding arbitration. fact @32728..32894 [supports] | After introducing the arbitration-eliminating proposal on March 29, 2017, the Hospital revised its discipline proposal on May 25 to align with a mediation-only model. fact @32907..33010 [supports] | Despite repeated objections from the Union, the Hospital maintained that position through June 7, 2018. held @37446..37618 | Overall, we uphold the Board’s determinations that the Hospital’s conduct amounted to bad faith surface bargaining in violation of Sections 8(a)(1) and 8(a)(5) of the NLRA. gloss The positive parent refusal-to-bargain holding records unlawful surface bargaining, not compliance with the good-faith duty. The court evaluates the combination and persistence of proposals, not a per-se obligation to concede a particular term. misfit The source IR is a flattened PDF with page numbers inside the canonical text. Quotes are exact contiguous spans; this file does not recast the proposals as automatic illegality or resolve every remedy issue. misfit Result is from the perspective of the General Counsel or charging party asserting the employer unfair labor practice, not from the employer-petitioner’s appellate position.