From Casetext: Smarter Legal Research

National Labor Bd. v. Rock Hill Conval. Center

United States Court of Appeals, Fourth Circuit
Oct 26, 1978
585 F.2d 700 (4th Cir. 1978)

Summary

nursing home

Summary of this case from East Chicago Rehabilitation Center v. N.L.R.B

Opinion

No. 77-1002.

Argued December 5, 1977.

Decided October 26, 1978.

Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Candace M. Carroll, Atty., N.L.R.B., Washington, D.C., on brief), for petitioner.

L. Gray Geddie, Jr., Greenville, S.C. (Ogletree, Deakins, Smoak Stewart, Greenville, S.C., on brief), for respondent.

Appeal from National Labor Relations Board.

Before BUTZNER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.


This appeal involves application of the National Labor Relations Board for enforcement of its order issued November 10, 1976, against the respondent Rock Hill Convalescent Center, pursuant to § 10(e) of the National Labor Relations Act, as amended ( 61 Stat. 136, 73 Stat. 519, 88 Stat. 395, 29 U.S.C. § 151, et seq.).

226 NLRB No. 133.

The Board found that the respondent had violated § 8(a)(1) of the Act by denying reinstatement to two employees, and by discharging one employee in violation of § 8(a)(4) and (1) of the Act, and required the respondent to cease and desist from the unfair labor practices found and to offer these employees reinstatement to their former jobs with backpay.

So far as the belated contention of the respondent that the ten-day notice provision of § 8(g) was not complied with by the employees, the notice requirement only applies to "labor organizations." The employees involved in this case were unrepresented employees and therefore were not required to give notice to the respondent under the Act. See, Kapiolani Hospital v. NLRB (9th Cir. 1978) 581 F.2d 230.

From our review of the record as a whole, there is substantial evidence to support the findings of the Board. Accordingly the petition for enforcement of the Board's Decision and Order is granted.

ENFORCEMENT GRANTED.


Summaries of

National Labor Bd. v. Rock Hill Conval. Center

United States Court of Appeals, Fourth Circuit
Oct 26, 1978
585 F.2d 700 (4th Cir. 1978)

nursing home

Summary of this case from East Chicago Rehabilitation Center v. N.L.R.B
Case details for

National Labor Bd. v. Rock Hill Conval. Center

Case Details

Full title:NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. ROCK HILL CONVALESCENT…

Court:United States Court of Appeals, Fourth Circuit

Date published: Oct 26, 1978

Citations

585 F.2d 700 (4th Cir. 1978)

Citing Cases

East Chicago Rehabilitation Center v. N.L.R.B

Every other decision has read section 8(g) to mean what it says: the notice requirement is applicable only if…

Montefiore Hospital Medical Ctr. v. N.L.R.B

In spite of the clear limitation of § 8(g) to labor organizations, and the evident fact that Drs. Gold and…