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AMERICAN HOSPITAL ASSN. v. NLRB

No. 90-97.

499 U.S. 606 (1991)

111 S.Ct. 1539

113 L.Ed.2d 675

AMERICAN HOSPITAL ASSOCIATION v. NATIONAL LABOR RELATIONS BOARD ET AL.

Supreme Court of United States.

Decided April 23, 1991.

Attorney(s) appearing for the Case

James D. Holzhauer argued the cause for petitioner. With him on the briefs were Kenneth S. Geller, Arthur R. Miller, and Rhonda A. Rhodes.

Deputy Solicitor General Shapiro argued the cause for respondents. With him on the brief for respondent National Labor Relations Board were Solicitor General Starr, Stephen L. Nightingale, Robert E. Allen, Norton J. Come, and Linda Sher. Woody N. Peterson, David Silberman, Laurence Gold, Helen Morgan, Richard Griffin, Michael Fanning, Miriam Gafni, James Grady, Jonathan Hiatt, Richard Kirschner, Bruce Miller, Patrick Scanlon, and George Murphy filed a brief for respondents American Nurses Association et al.*

JUSTICE STEVENS delivered the opinion of the Court.

For the first time since the National Labor Relations Board (Board or NLRB) was established in 1935, the Board has promulgated a substantive rule defining the employee units appropriate for collective bargaining in a particular line of commerce. The rule is applicable to acute care hospitals and provides, with three exceptions, that eight, and only eight, units shall be appropriate in any such hospital. The three...

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