Southern Ocean Medical Center, Jersey Shore University Medical Center, Palisades Medical Center, and

National Labor Relations Board - Unpublished Board Decisions

Jan 9, 2020

22-CA-223734 (N.L.R.B. Jan. 9, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SOUTHERN OCEAN MEDICAL CENTER,
JERSEY SHORE UNIVERSITY MEDICAL
CENTER, PALISADES MEDICAL CENTER,
AND THE HARBORAGE, A DIVISION OF
HMH HOSPITALS CORP.
and Cases 22-CA-223734
22-CA-223942
HEALTH PROFESSIONALS AND ALLIED
EMPLOYEES
ORDER1
Respondent HMH Hospitals Corp.’s motion for partial summary judgment or
partial dismissal is denied. The Respondent has failed to establish that there are no
genuine issues of material fact warranting a hearing and that it is entitled to judgment as
a matter of law.
Dated, Washington, D.C., January 9, 2020.
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 Chairman Ring, who is recused, is a member of the panel but did not participate in
this decision on the merits.
In New Process Steel v. NLRB, 130 S.Ct. 2635 (2010), the Supreme Court left
undisturbed the Board’s practice of deciding cases with a two-member quorum when
one of the panel members has recused himself. Under the Court’s reading of the Act,
“the group quorum provision [of Sec. 3(b)] still operates to allow any panel to issue a
decision by only two members if one member is disqualified,” New Process Steel, 130
S.Ct. at 2644. See also , e.g., D.R. Horton, 357 NLRB 2277, 2277 n. 1 (2012), enfd. in
relevant part, 737 F.3d 344, 353 (5th Cir. 2013); NLRB v. New Vista Nursing and
Rehabilitation, 870 F.3d 113, 127-128 (3d Cir. 2017); 1621 Route 22 West Operating
Company, 357 NLRB 1866, 1866 n. 1 (2011), enfd. 725 Fed. Appx. 129, 136 n. 7 (3d
Cir. 2018).