The U.S. Court of Appeals' decisions reviewing National Labor Relations Board ("NLRB") orders continue to roll in.
The U.S. Court of Appeals' decisions reviewing National Labor Relations Board ("NLRB") orders continue to roll in.
Most recently, on June 27, 2025, the D.C. Circuit upheld an NLRB ruling that George Washington University Hospital ("Hospital") engaged in bad-faith bargaining during its 2016 to 2018 negotiations with 1199SEIU United Healthcare Workers East ("Union"). The three-judge panel unanimously upheld the NLRB's 2024 determination that the Hospital's conduct—centered around three core proposals—amounted to unlawful surface bargaining in violation of Sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act ("NLRA").
In 2021, a divided Board reversed the Administrative Law Judge's ("ALJ") finding of surface bargaining. However, the Board vacated the decision upon learning that then-Member William Emanuel, who joined the majority, owned shares in a mutual fund that included the Hospital's parent company. Member David Prouty was added to the reconstituted panel, and in May 2024, the Board reversed course and adopted the ALJ's findings and conclusions, determining the Hospital had engaged in bad-faith surface bargaining.
Why the Court Found Bad Faith
The court concluded that bad-faith surface bargaining was present because the Hospital insisted on three proposals that, taken together, would have severely undermined the Union's role, leaving Union...
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