Capital Med. Ctr. v. Nat'l Labor Relations Bd. — 909 F.3d 427 (2018) · Court of Appeals of the District of Columbia · 2018

Court of Appeals of the District of Columbia · 2018-08-10

29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

29 U.S.C. § 158(a)

Role: applied; posture: petition for review and cross-application for enforcement of NLRB order finding hospital committed § 8(a)(1) unfair labor practice by prohibiting off-duty employees from peacefully holding picket signs outside entrance; enforcement granted and petition denied; result: claimant-won; claim:

Uncertainty

Element protected-right: route: concertedness was never disputed; what was decided is whether on-premises picketing by off-duty employees keeps Section 7 protection. No route names that sub-question; concerted-activity (menu: "peaceful picketing") is the nearest.

Element protected-right: basis: the Board "assume[d] arguendo" that holding the signs was picketing; the protection ruling itself is a deferential statutory interpretation, hence [law].

Misfit

None recorded

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 17

29 U.S.C. § 158(a)
CaseCovered employerCovered employee and applicable retained statusSection 7 protected rightsInterference, restraint or coercionNoncoercive expression under §8(c)Narrow insignia-restriction justification
Capital Med. Ctr. v. Nat'l Labor Relations Bd. — 909 F.3d 427 (2018) · Court of Appeals of the District of Columbia · 2018 (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed

Elements 7–12 of 17

29 U.S.C. § 158(a)
CaseDomination, interference or support of a labor organizationWorking-hours conference provisoConditional building-and-construction agreement allowanceEmployment discriminationUnion-related discriminatory motivationSame action absent unlawful motive
Capital Med. Ctr. v. Nat'l Labor Relations Bd. — 909 F.3d 427 (2018) · Court of Appeals of the District of Columbia · 2018 (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–17 of 17

29 U.S.C. § 158(a)
CaseConditional union-security provisoFiled charges or given testimonyDischarge or other discrimination for Board participationEmployees collective-bargaining representativeAlternative breaches of applicable collective-bargaining duties
Capital Med. Ctr. v. Nat'l Labor Relations Bd. — 909 F.3d 427 (2018) · Court of Appeals of the District of Columbia · 2018 (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Capital Med. Ctr. v. Nat'l Labor Relations Bd. — 909 F.3d 427 (2018) · Court of Appeals of the District of Columbia · 2018 — satisfied · proved (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Interference, restraint or coercionsatisfied
Counted merits instance
applied / merits

basis: proved; party: Capital Medical Center; count: § 8(a)(1) prohibition of stationary picketing; subject: party=Capital Medical Center; count=§ 8(a)(1) prohibition of stationary picketing

Substantial evidence supports the Board's finding that the hospital did not rebut the hospital-tailored Republic Aviation presumption; the restriction therefore violated § 8(a)(1).
hospital permits leafleting at the entrance but orders off-duty employees with picket signs off its property, threatens discipline and calls the police
Multiple hospital personnel told the employees that they could continue distributing leaflets but could not stand on hospital property with their picket signs.
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [7114:7273] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Capital's counsel then called the Union's attorney and threatened to discipline the employees or call the police.
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [7680:7793] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

They did not chant, march, or obstruct visitors from entering or leaving the hospital, and Capital offered no evidence demonstrating that the peaceful holding of picket signs nonetheless could disrupt patient care.
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [27212:27426] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

But outside of immediate patient-care areas, such as in hospital lounges and cafeterias, a prohibition on employee solicitation of union support is presumptively invalid unless the hospital can demonstrate the need for the restriction "to avoid disruption of health-care operations or disturbance of patients."
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [4691:5001] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

We therefore uphold the Board's finding that the picketing at issue here presented no likelihood of disruption or disturbance, and we sustain the Board's resulting conclusion that Capital violated the NLRA by attempting to stop the employees from holding picket signs.
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [27427:27695] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Capital Med. Ctr. v. Nat'l Labor Relations Bd. — 909 F.3d 427 (2018) · Court of Appeals of the District of Columbia · 2018 — satisfied · law (29usc158: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Section 7 protected rightssatisfied
Counted merits instance
applied / merits

basis: law; party: Capital Medical Center; count: § 8(a)(1) prohibition of stationary picketing; subject: party=Capital Medical Center; count=§ 8(a)(1) prohibition of stationary picketing

The contested question was legal: whether picketing on the employer's premises is categorically outside the Republic Aviation protection that covers leafleting. The court defers (Chevron) to the Board's reading of Section 7 that it is not.
off-duty employees' stationary, non-obstructive holding of picket signs beside a hospital's non-emergency entrance
Around 4:00 p.m., two to four employees took leaflets and picket signs from the sidewalk and walked onto hospital property. They stood next to a nonemergency entrance to the building while holding the signs, with some also handing out leaflets while holding the signs. The signs contained the messages "Respect Our Care" and "Fair Contract Now."
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [6768:7113] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Undisputed record evidence establishes that there were only two to four employees who held picket signs on the hospital's property, standing stationary by a nonemergency entrance.
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [27032:27211] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Section 7's protections encompass the "rights to discuss organization and the terms and conditions of their employment, to criticize or complain about their employer or their conditions of employment, and to enlist the assistance of others in addressing employment matters."
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [2306:2580] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In short, the Board reasonably interpreted Section 7 in concluding that the Republic Aviation presumption could encompass not only solicitation and distribution on employer property, but also picketing.
Source: docroot/ir/caselaw/f3d_909.jsonl#/f3d/909/0427-01; Unicode character offsets [20284:20486] (end exclusive); SHA-256 927ef71bb825de8205e5e4d1a9efa9112050becd7db6b944a7cb5b878ac5aca7.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case