Hospital of Barstow, Inc. v. NLRB

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In previous decisions, the DC Circuit held that, notwithstanding the lapse of a Board quorum, Regional Directors retain authority to direct elections administered under a so-called stipulated election agreement—an agreement under which the employer and union agree to have a Regional Director conduct the election, but subject to the possibility of Board review if a party opts to seek it. This case involved a consent election agreement, rather than a stipulated election agreement. At issue was whether a Regional Director, if the Board itself had lost power to take any action, could exercise Board-delegated authority to conduct a representation election and certify the results. After remand, the court held that the Board's understanding of the statute was reasonable where the Board saw no salient difference between consent election agreements and stipulated election agreements. The court rejected Barstow's various challenges to the Board's finding of unfair labor practices and to the remedies imposed by the Board. Accordingly, the court denied Barstow's petition for review. View "Hospital of Barstow, Inc. v. NLRB" on Justia Law