National Labor Relations Board v. Baylor University Medical Center

Background

The National Labor Relations Board challenged a hospital’s rule that barred employee solicitation in the hospital’s corridors and cafeteria. After a hearing, the Board found the rule overly broad and unlawful under the National Labor Relations Act and ordered it rescinded. The Court of Appeals refused to enforce the Board’s order, treating the cafeteria and corridors differently: it applied a general commercial-cafeteria rule to the hospital cafeteria and found no substantial evidence against the corridor ban.

Reasoning

The Supreme Court said a recent decision in Beth Israel was relevant to the cafeteria question. The Court granted review only for the cafeteria issue, vacated the Court of Appeals’ judgment on that point, and sent the case back for reconsideration in light of Beth Israel. The Court denied the petition for review as to the corridor issue, leaving the Court of Appeals’ handling of the corridors intact. The Supreme Court did not resolve the underlying merits itself.

Real world impact

Hospitals and unions will see the cafeteria issue reconsidered under the Beth Israel framework, which distinguishes employee-run hospital cafeterias from commercial eateries. The corridor ruling remains with the Court of Appeals, so the Board’s order is not enforced there as to corridors for now. Because the Supreme Court limited its action, the ultimate outcomes could still change after the lower court reconsiders the cafeteria question.

Dissents or concurrances

Justice Brennan, joined by Justices White and Marshall, would have vacated and remanded both cafeteria and corridor issues for reconsideration under Beth Israel.