Henderson v. Bluefield Hosp. Co.
| Citation | 208 F.Supp.3d 763 |
| Decision Date | 20 September 2016 |
| Docket Number | CIVIL ACTION NO. 5:16-cv-06307,CIVIL ACTION NO. 1:16-cv-06305 |
| Parties | Lisa Y. HENDERSON, Acting Regional Director of the Tenth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner, v. BLUEFIELD HOSPITAL COMPANY, LLC d/b/a Bluefield Regional Medical Center Lisa Y. Henderson, Acting Regional Director of the Tenth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner, v. Greenbrier VMC, LLC d/b/a Greenbrier Valley Medical Center, Respondent. |
| Court | U.S. District Court — Southern District of West Virginia |
Joel Ruben White, National Labor Relations Board, Winston-Salem, NC, for Petitioner.
Bryan T. Carmody, Carmody & Carmody, Glastonbury, CT, W. Scott Evans, W. E. Sam Fox, II, Flaherty Sensabaugh & Bonasso, Charleston, WV, for Bluefield Hospital Company, LLC d/b/a Bluefield Regional Medical Center.
Pending before the court is the Petition for Injunctive Relief filed by Lisa Y. Henderson ("Henderson"), the Acting Regional Director of Region 10, Subregion 11, of the National Labor Relations Board ("NLRB"). (1:16-cv-06305, Doc. No. 1). Also pending before the court is a second Petition for Injunctive Relief filed by Lisa Y. Henderson ("Henderson"), the Acting Regional Director of Region 10, Subregion 11, of the National Labor Relations Board ("NLRB"). (5:16-cv-06307, Doc. No. 1).
Defendants Bluefield Hospital Company, LLC ("Bluefield Hospital" or "Bluefield") and Greenbrier Valley Medical Center, LLC ("Greenbrier VMC" or "Greenbrier"), respectively, have opposed the Petitions. (1:16-cv-06305, Doc. No. 13; 5:16-cv-06307, Doc. No. 14).1 Petitioner has filed responses. (1:16-cv-06305, Doc. No. 14; 5:16-cv-06307, Doc. No. 15). A hearing was held on September 13, 2016 at the federal courthouse in Charleston, West Virginia, to consider the merits of the two Petitions in tandem. (1:16-cv-06305, Doc. No. 15; 5:16-cv-06307, Doc. No. 16). The court finds the matter ripe for adjudication.
The pressure point of these cases is the NLRB's contention that the defendants have committed unfair labor practices under Section 8(a)(1) and (5) of the National Labor Relations Act (NLRA), as amended by the Labor Management Relations Act (LMRA) of 1947, 29 U.S.C. § 160(j), and as affecting commerce within the meaning of Section 2(6) and 2(7) of the NLRA. The interim injunctive relief which the NLRB seeks from this court in order to hold in abeyance the status quo ordinarily is referred to as "§ 10(j) relief." Whether the defendants have committed unfair labor practices under the NLRA is not the dispute before this court today. The question solely is whether the preliminary injunction ought to issue. In discharging its obligation, this court is mindful that "§ 10(j) relief is extraordinary and that such relief should be narrowly tailored." Muffley ex rel. N.L.R.B. v. Spartan Mining Co. , 570 F.3d 534, 545 (4th Cir. 2009). This is particularly true since "§ 10(j) only authorizes interim injunctive relief ‘reasonably necessary to preserve the ultimate remedial power of the Board and is not to be a substitute for the exercise of that power.’ " Id. (quoting Schaub v. Detroit Newspaper Agency , 154 F.3d 276, 279 (6th Cir. 1998) ).
Adhering to the United States Supreme Court's guidance, this court requires that movants "seeking preliminary relief [must] demonstrate that irreparable injury is likely in the absence of an injunction." Winter v. Natural Res. Def. Council, Inc. , 555 U.S. 7, 22, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008) (emphasis in original). Since the Acting Regional Director has not satisfied the requisite "irreparable injury" prong of the preliminary-injunction inquiry, this court DENIES her Petition without prejudice.
On January 20, 2016, the National Nurses Organizing Committee (NNOC), AFL-CIO ("Union"), filed a charge with the NLRB accusing the defendants of unfair labor practices in contravention of the salient NLRA provisions. After the charges were filed, the General Counsel, on the NLRB's behalf and pursuant to Section 10(b) of the Act, issued an Order Consolidating Cases, Consolidated Complaint and Notice of Hearing in Cases 10-CA-168085, involving defendant Bluefield Hospital, and 10-CA-167330, involving Greenbrier VMC, LLC d/b/a Greenbrier Valley Medical Center.
Both defendants meet the statutory-floor requirements to be subject to a § 10(j) injunction analysis. Petitioner makes various allegations against both defendants. The background with respect to each defendant is now discussed in turn.
Bluefield Hospital, a Delaware limited liability company with an office and place of business in Bluefield, West Virginia, has been engaged in the operation of an acute-care hospital providing inpatient and outpatient care.
The following group constitutes a "unit" for the purposes of collective bargaining within the meaning of Section 9(b) of the NLRA:
All full-time, regular part-time, and per diem Registered Nurses, including those who served as relief charge nurses, employed by Respondent Bluefield at its 500 Cherry Street, Bluefield, West Virginia hospital; excluding all other employees, including managers, confidential employees, physicians, technical employees, service and maintenance employees, employees of outside registries and other agencies supplying labor to Respondent Bluefield, guards and supervisors as defined in the Act.
(1:16-cv-06305, Doc. No. 1). On August 29, 2012, a representation election among the Bluefield Hospital Unit was held pursuant to a consent election agreement. On September 25, 2012, the NLRB certified the Union as the exclusive collective-bargaining representative of the Bluefield Hospital Unit.
On May 6, 2016, the United States Court of Appeals for the Fourth Circuit, in NLRB v. Bluefield Regional Medical Center , 821 F.3d 534, 547 (4th Cir. 2016), held that Respondent Bluefield Hospital's challenge to the Board's September 2012 certification of the Union was unmeritorious. The Fourth Circuit enforced a Board Order requiring Bluefield Hospital to bargain with the Union. 821 F.3d at 540.
During the period between March 6, 2015 through November 8, 2015, Bluefield Hospital and the Union met for the purpose of negotiating an initial collective-bargaining agreement with respect to wages, hours, and other terms and conditions of employment. Petitioner alleges that, during this time, Bluefield Hospital "bargained with no intention of reaching an agreement, insisted upon proposals that were predictably unacceptable to the Union, made proposals aimed at depriving the Union of its representational role, and displayed a repeated unwillingness to adjust differences with the Union." (1:16-cv-06305, Doc. No. 1). Petitioner, accordingly, contends that Bluefield Hospital "has failed and refused to bargain in good faith with the Union as the exclusive collective-bargaining representative of the Unit." Id.
Petitioner seeks a preliminary injunction against Bluefield Hospital since, in Petitioner's view, absent the immediate availability of injunctive relief, "it may fairly be anticipated that Respondent Bluefield will continue its unlawful conduct during the proceedings before the Board, with the result that Respondent Bluefield's employees will continue to be deprived of their fundamental right to be represented for the purposes of collective bargaining as provided for in the Act, creating a disruptive effect on commerce, all to the detriment of the Act and public interest." (1:16-cv-06305, Doc. No. 1).
Petitioner moved for a preliminary injunction before this court on July 13, 2016. (1:16-cv-06305, Doc. No. 1).
Greenbrier is a Delaware limited liability company with an office and place of business in Ronceverte, West Virginia. Greenbrier has been engaged in the operation of an acute-care hospital providing inpatient and outpatient care.
The following group constitutes a "unit" for the purposes of collective bargaining within the meaning of Section 9(b) of the NLRA:
All full-time, regular part-time, and per diem Registered Nurses, including those who served as relief charge nurses, employed by Respondent Greenbrier at its 202 Maplewood Avenue, Ronceverte, West Virginia hospital; excluding all other employees, including managers, confidential employees, physicians, technical employees, service and maintenance employees, employees of outside registries and other agencies supplying labor to Respondent Greenbrier, guards and supervisors as defined in the Act.
(5:16-cv-06307, Doc. No. 1). The Union is a labor organization under Section 2(5) of the NLRA. Moreover, within the scope of Section 2(11) of the NLRA and of Section 2(13) of the NLRA, respectively, the supervisors and agents of Greenbrier VMC are or have been Paul Hanna: Human Resources Director; Tammy Lilly: Intensive Care Unit Director; and Autumn Hayes: Nursing Supervisor (5:16-cv-06307, Doc. No. 1). In addition, Jan Ellis held the position of Director, Employee Relations or Human Resources Representative, and has served as an agent of Respondent Greenbrier under Section 2(13) of the NLRA. (5:16-cv-06307, Doc. No. 1). Finally, an unnamed attorney has been the chief negotiator (with respect to collective bargaining) on Greenbrier's behalf; this attorney also has served as Greenbrier's agent of Respondent within the scope of the same statutory provision, Section 2(13) of the NLRA. On August 30, 2012, a representation election among the Greenbrier VMC Unit was held pursuant to a consent election agreement. On September 25, 2012, the NLRB certified the Union as the exclusive collective-bargaining representative of the Greenbrier VMC Unit.
On May 6, 2016, the United States Court of Appeals for the Fourth Circuit, in NLRB v. Bluefield Regional Medical Center , 821 F.3d 534, 547 (4th Cir. 2016), held that Respondent...
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