SEIU v. National Labor Relations Board
Filed August 3, 2009
Cite as 07-73028

10 Day Notice Required to Stage a Concerted Refusal to Work

The Service Employees International Union, United Healthcare Workers-West (union) was the bargaining representative of the housekeepers and linen aides employed by California Pacific Medical Center (the Hospital). The employees were at the Environmental Services departments of the Hospital’s Davies and Pacific campuses.

In a series of collective bargaining agreements (CBA), the parties agreed that the Hospital could not assign overtime unless an emergency exists. Further, it was agreed upon that the Hospital was prohibited to subcontract.

The Hospital relied on volunteers to meet its staffing requirements on overtime shifts. With no fuss, it was able to secure sufficient volunteers.

When the Hospital proposed changes in its methods of processing linens, the union disagreed as it was a violation of the subcontracting provision of the CBA. In a petition signed by more than 100 employees and presented to the managers at the Davies and Pacific campuses, the union called for a one week long refusal to do overtime work. Consequently, the Hospital could not find a single volunteer.

Subsequently, the Hospital filed an unfair labor practice case claiming that the union violated Section 8(g) when it failed to notify them of its intention to engage in a concerted refusal to work. The ALJ issued a decision in favor of the Hospital and recommended that the NLRB should issue a cease and desist order from any concerted refusals to work overtime.

The NLRB affirmed the decision of the ALJ and entered the order. The Hospital filed a Petition for Enforcement of such order while the union filed a Cross-Petition for Review.

The United States of Court of Appeals ruled that since the act of the employees constituted a concerted refusal to work, a ten days’ notice was required pursuant to Sec. 8(g) of the National Labor Relations Act. Hence, a four day notice given by the union was not enough.

Hence, the appellate court granted the petition for reinforcement and denied the union’s cross petition for review.