Fairmont General Hospital

National Labor Relations Board - Unpublished Board Decisions

Jun 27, 2013

06-CA-099791 (N.L.R.B. Jun. 27, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FAIRMONT GENERAL HOSPITAL
and Case 06-CA-099791
SEIU/DISTRICT 1199, WV/KY/OH, THE
HEALTH CARE AND SOCIAL SERVICE
UNION, CTW, CLC
ORDER DENYING MOTION
The Respondent’s motion for summary judgment in Case 06-CA-099791 is
denied. The Respondent has failed to establish that it is entitled to judgment as a
matter of law.1
Dated, Washington, D.C., June 27, 2013
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The Respondent contends that the Board should dismiss the complaint or, in the
alternative, stay the instant proceedings pending the appointment of a sufficient number
of Board Members to establish a quorum, because the Board acted ultra vires by
issuing the complaint at a time when it lacked a valid quorum under Noel Canning v.
NLRB, 705 F.3d 490 (D.C. Cir. 2013), cert. granted 81 USLW 3629, 2013 WL 1774240
(U.S. June 24, 2013), and NLRB v. New Vista Nursing & Rehabilitation, 2013 WL
2099742, -- F.3d-- (3d Cir. May 16, 2013). For the reasons stated in Bloomingdale’s,
Inc., 359 NLRB No. 113 (2013), these arguments are rejected.