Beth Israel Hospital v. National Labor Relations Board

437 U.S. 483, 98 S. Ct. 2463, 57 L. Ed. 2d 370, 1978 U.S. LEXIS 119, 98 L.R.R.M. (BNA) 2727
Supreme Court of the United States·Decided June 22, 1978·No. 77-152·Published·Cited by 342 cases

Opinions

Mr. Justice Brennan

delivered the opinion of the Court.

The National Labor Relations Act, 49 Stat. 449, as amended, 61 Stat. 136, 29 U. S. C. §§ 151 to 168, was further amended in 1974 to extend its coverage and protection to employees of nonprofit health-care institutions.1 Act of July 26, 1974, Pub. L. No. 93-360, 88 Stat. 395. Petitioner is a Boston nonprofit hospital whose employees are covered by the amended Act. This case presents the question whether the Court of Appeals for the First Circuit erred in ordering [486]*486enforcement of that part of an order of the National Labor Relations Board based on the Board’s finding that petitioner, in violation of §§ 8 (a)(1) and (3), 29 U. S. C. §§ 158 (a)(1) and (3), interfered with its employees’ rights guaranteed by § 7 of the Act, 29 U. S. C. § 157, by issuing and enforcing a rule that prohibits employees from soliciting union support and distributing union literature during nonworking time in the hospital cafeteria and coffeeshop used primarily by employees but also used by patients and visitors.

In 1970, prior to the advent of any union organizational activity at the hospital, petitioner announced a rule barring solicitation and distribution of literature in any area to which patients or visitors have access. Petitioner permitted these activities only in certain employee locker rooms and certain adjacent restrooms. App. 59. In July 1974, however, as a result of a proceeding instituted against it before the Massachusetts Labor Relations Commission, petitioner announced a rule permitting solicitation in the cafeteria on a one-to-one basis while maintaining the total ban on distribution. Id., at 67. On March 6, 1975, shortly after the NLRB acquired jurisdiction, petitioner reinstated its previous rule limiting employee solicitation and distribution to certain employee locker rooms and restrooms. Id., at 70.2 That rule provides:

“There is to be no soliciting of the general public (patients, visitors) on Hospital property. Soliciting and the distribution of literature to B. I. employees may be done by other B. I. employees, when neither individual is on his or her working time, in employee-only areas— employee locker rooms and certain adjacent rest rooms. Elsewhere within the Hospital, including patient-care and [487]*487all other work areas, and areas open to the public such as lobbies, cafeteria and coffee shop, corridors, elevators, gift shop, etc., there is to be no solicitation nor distribution of literature.
“Solicitation or distribution of literature on Hospital property by non-employees is expressly prohibited at all times.
“Consistent with our long-standing practices, the annual appeal campaigns of the United Fund and of the Combined Jewish Philanthropies for voluntary charitable gifts will continue to be carried out by the Hospital.” Id., at 70-71.

Upon a charge filed by the union,3 the Board issued a complaint and the matter was tried before an Administrative Law Judge. The Board affirmed the rulings, findings, and conclusions of the Administrative Law Judge that petitioner's issuance and maintenance of the rules violated § 8 (a) (1) and the disciplining of an employee for an infraction of them violated §8 (a)(3). 223 N. L. R. B. 1193 (1976). The Administrative Law Judge found that there were few places in which employees’ § 7 rights effectively could be exercised, that petitioner had not offered any convincing evidence that the rule was necessary to prevent disruptions in patient care, and that, on balance, the rule was an unjustified infringement of § 7 rights. See 223 N. L. R. B., at 1198. The Board issued an order, paragraph 1 of which broadly required petitioner to cease and desist from interfering with “concerted union activities” and “exercise of [employees’] rights guaranteed in Section 7 of the Act,” and paragraph 2 (b) of which required petitioner to “[r]escind its written rule prohibiting distribution of union literature and union solicitation in its cafeteria [488]*488and coffeeshop.” 223 N. L. R. B., at 1199, as modified, id., at 1193.

The Court of Appeals accepted as settled law that rules restricting employee solicitation during nonworking time, and distribution during nonworking time in nonworking areas are presumptively invalid in the absence of special circumstances to justify them, 554 F. 2d 477, 480 (1977), and held that, since “[i]n this case, the application of the employer’s no-solicitation, no-distribution rules to the cafeteria and coffee shop banned concerted activities in non-working areas during non-working time . . . [t]he burden, therefore, was on the hospital to show that special circumstances justified its curtailment of protected activities in these two places.” Ibid. After review of the record, the court held that “the Board did not err in finding that the hospital had not justified its no-solicitation, no-distribution rule as it related to the cafeteria and coffee shop.” Id., at 481. The court refused to enforce paragraph 1 of the Board’s order, however, on the ground that no proclivity to violate the Act had been shown to support that broad cease-and-desist order. It also enforced paragraph 2 (b) only after adding to the order the clarifying words “that part of” so that petitioner was required to “[rjescind that part of its written rule prohibiting distribution [of union literature and union solicitation in its cafeteria and coffeeshop],” id., at 482 (emphasis in original), to make clear that the validity of the rules as applied to areas outside the cafeteria and coffee-shop remained open. The Board has not sought review of the Court of Appeals’ rulings in these respects.4 The narrow question for decision, therefore, is whether the Court of Appeals erred in enforcing the Board’s order requiring petitioner to rescind the rules as applied to the hospital’s eating [489]*489facilities. Because of a suggested conflict among Courts of Appeals as to the validity of restrictions upon solicitation and distribution in patient-access areas of the hospital, such as petitioner’s cafeteria and coffeeshop, we granted certiorari.5 434 U. S. 1033 (1978). We affirm.

I

Although petitioner employs approximately 2,200 regular employees,6 only a fraction of them have access to many of the areas in which solicitation is permitted. Solicitation and distribution are not permitted in all locker areas. Rather, of the total number of locker areas only six separate and scattered locker areas containing 613 lockers are accessible to all employees for these purposes.7 Moreover, most of these rooms are divided and restricted on the basis of sex, and in any event [490]*490are not generally used even by petitioner to communicate messages to employees.

Free access — add to your briefcase to read the full text and ask questions with AI

Beth Israel Hospital v. National Labor Relations Board, 437 U.S. 483, 98 S. Ct. 2463, 57 L. Ed. 2d 370, 1978 U.S. LEXIS 119, 98 L.R.R.M. (BNA) 2727 (1978).

437 U.S. 483 (Beth Israel Hospital v. National Labor Relations Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related