District Hospital Partners, L.P. v. NLRB
2025 review of Board finding of surface bargaining based on combined no-strike, arbitration-elimination and other proposals. (result: claimant-won)
Facts
- 11 Alternative breaches of applicable collective-bargaining duties satisfied proved
The Hospital’s proposal upset that balance by pairing a broad no-strike clause with the elimination of binding arbitration.
- 11 Alternative breaches of applicable collective-bargaining duties satisfied proved
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.
- 11 Alternative breaches of applicable collective-bargaining duties satisfied proved
Despite repeated objections from the Union, the Hospital maintained that position through June 7, 2018.
- 11 Alternative breaches of applicable collective-bargaining duties satisfied proved
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.