On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board
Before: Ginsburg, Chief Judge, and Randolph and
Roberts, Circuit Judges.
The opinion of the court was delivered by: Ginsburg, Chief Judge
Bills of costs must be filed within 14 days after entry of judgment. The court looks with disfavor upon motions to file bills of costs out of time.
Stanford Hospital and Clinics petitions for review of an order of the National Labor Relations Board, which held the petitioner violated §§ 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1) and (5), by refusing to provide information to the Service Employees International Union, Local 715, and by refusing to bargain with the Union regarding 11 housekeepers working at a facility not specifically identified in the collective bargaining agreement (CBA) as part of the bargaining unit. The Board cross-petitions for enforcement of the order, which was predicated upon its prior order granting the Union's petition for unit clarification and accreting the 11 housekeepers to the bargaining unit. Because the Board should have dismissed the unit clarification petition as untimely pursuant to Wallace-Murray Corp., 192 NLRB 1090 (1971), we grant Stanford Hospital's petition for review and vacate the Board's order.
Stanford Hospital and Clinics (Stanford Hospital) operates the Stanford Hospital, the Lucile Packard Children's Hospital, and several inpatient and outpatient clinics. The Housekeeping Department of Stanford Hospital provides housekeeping services not only at Stanford Hospital's own facilities, but also at facilities operated by Stanford Medical School, which is a separate legal entity.
In August 1998 the Union filed a petition with the Board seeking certification as the bargaining representative of "all full-time, and regular part-time Service and Maintenance employees of [Stanford Hospital] employed at the Stanford Hospital facility ... and the Lucille [sic] S. Packard Children's Hospital facility." The next month Stanford Hospital and the Union entered into a Stipulated Election Agreement in which they defined the bargaining unit to include all housekeepers (among others) at the Employer's "Stanford Hospital, Lucile Salter Packard Children's Hospital, Welch Road, and Blake-Wilbur Drive, Palo Alto, California locations, ... excluding ... all other employees."
As required by Excelsior Underwear, Inc., 156 NLRB 1236 (1966), Stanford Hospital provided the Union with the names and addresses of all eligible voters in the bargaining unit. Stanford Hospital inadvertently included in the Excelsior list several housekeepers who did not work at a listed facility and were therefore not in the bargaining unit; those employees voted in the representation election as a result of this. The Union won the election, and the Board certified the Union as the collective bargaining representative of all housekeepers at the locations listed in the Stipulated Election Agreement, again "excluding ... all other employees."
Stanford Hospital and the Union began to bargain in March 1999. The Union proposed in March and again in June that the bargaining unit be defined in the CBA to include "all employees who are employed at the Employer's existing and future facilities, to the extent permitted by law." Both times Stanford Hospital rejected this proposal.
In November 1999 Stanford Hospital and the Union entered into a CBA with a term of two years. In the recognition clause Stanford Hospital recognized the Union "as the sole and exclusive representative for the purpose of collective bargaining" for all housekeepers employed at the same list of locations as appeared in the Stipulated Election Agreement, again "excluding all other employees."
In April 2000 Stanford Medical School opened the Center for Clinical Science and Research (CCSR). Stanford Medical School contracted for Stanford Hospital to provide housekeeping services at the CCSR, and in May Stanford Hospital hired 11 housekeepers to work at the new facility.
In August the Union filed with the Board a unit clarification petition seeking to include within the bargaining unit the CCSR 11. The Regional Director of the Board granted the Union's petition and the Board affirmed his decision in September 2002.
The Union then asked Stanford Hospital to bargain, and to provide information, regarding the 11 newly accreted housekeepers. Stanford Hospital refused both requests, and the Union filed an unfair labor practices charge against it. The Board held Stanford Hospital had violated §§ 8(a)(1) and (5) of the NLRA by unlawfully refusing to provide information to, and to bargain with, the Union concerning the 11 ...