Capital Med. Ctr. v. Nat'l Labor Relations Bd.

909 F.3d 427
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 10, 2018
DocketNo. 16-1320; C/w 16-1369
StatusPublished

This text of 909 F.3d 427 (Capital Med. Ctr. v. Nat'l Labor Relations Bd.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capital Med. Ctr. v. Nat'l Labor Relations Bd., 909 F.3d 427 (D.C. Cir. 2018).

Opinion

Srinivasan, Circuit Judge:

*430In this case, a small number of off-duty hospital employees, seeking to inform visitors to the facility about an ongoing labor dispute, peacefully distributed leaflets and held picket signs on hospital property next to an entrance. It is undisputed that the employees' distribution of leaflets was protected under the National Labor Relations Act. The question we face is whether the employees' holding of picket signs-without any chanting, marching, or obstructing of passage-necessarily took their conduct beyond the NLRA's protections. The hospital tried to stop the employees' stationary display of picket signs, believing that the employees had no right to engage in that conduct on the facility's premises.

The National Labor Relations Board disagreed. The Board examined the employees' form of picketing under a framework traditionally applied to assess off-duty employees' distribution of union literature on hospital property. That framework asks whether prohibiting the employees' conduct is necessary to avoid disrupting patient care. The Board concluded that, here, the hospital failed to make that showing with regard to the employees' holding of picket signs. As a result, the Board determined, the hospital had violated the employees' rights under the NLRA by attempting to bar their protected conduct.

We sustain the Board's interpretation of the NLRA as reasonable. In our view, the Board's approach permissibly balances employees' rights to organize against an employer's interests in controlling its property. And the Board was not compelled to adopt a categorical rule that picketing of any kind-including the stationary, nonobstructive holding of a picket sign at issue here-is necessarily more disruptive, and less entitled to the NLRA's protections, than distribution of union literature. We thus deny the hospital's petition for review and grant the Board's cross-application for enforcement.

I.

A.

Under Section 7 of the National Labor Relations Act, employees "have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." 29 U.S.C. § 157. Section 7's protections encompass the "rights to discuss organization and the terms and conditions of their employment, to criticize or complain about their employer or their conditions of employment, and to enlist the assistance of others in addressing employment matters." Quicken Loans, Inc. v. NLRB , 830 F.3d 542, 545 (D.C. Cir. 2016). Those rights include soliciting support not only from fellow employees but also from nonemployees such as customers and the general public. E.g. , Stanford Hosp. & Clinics v. NLRB , 325 F.3d 334, 343 (D.C. Cir. 2003). Employers commit an "unfair *431labor practice" in violation of the Act when they "interfere with, restrain, or coerce employees in the exercise of" their Section 7 rights. 29 U.S.C. § 158(a)(1).

When employees seek to exercise Section 7 rights on their employer's property, the employees' rights are balanced against the employer's property interests and management prerogatives. In administering that balance, the Board has adopted various presumptions. In Republic Aviation Corp. v. NLRB , the Supreme Court approved the Board's application of a presumption that an employer cannot prohibit off-duty employees' solicitation of union support on company property. 324 U.S. 793, 803, 65 S.Ct. 982, 89 L.Ed. 1372 (1945). To overcome the presumption, an employer must present "evidence that special circumstances make" a prohibition on solicitation "necessary in order to maintain production or discipline." Id . at 803 n.10, 65 S.Ct. 982 (citation omitted); see id. at 803-04, 65 S.Ct. 982. The Board later applied the Republic Aviation presumption to the distribution of union literature on company property by off-duty employees. Eastex, Inc. v. NLRB , 437 U.S. 556, 572-74 & n.23, 98 S.Ct. 2505, 57 L.Ed.2d 428 (1978).

The Board has also recognized that employer interests can vary based on the nature of the workplace. Of particular relevance, the Board has modified the Republic Aviation presumption in the hospital context to account for the importance of administering patient care without disturbance. In immediate patient-care areas, the Board does not consider a ban on employee solicitation of union support to be presumptively invalid. See Beth Israel Hosp. v. NLRB , 437 U.S. 483, 495, 98 S.Ct. 2463, 57 L.Ed.2d 370 (1978) ; NLRB v. Baptist Hosp., Inc. ,

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909 F.3d 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capital-med-ctr-v-natl-labor-relations-bd-cadc-2018.