9th Circ. Affirms NLRB Ruling In Hospital OT Spat

Law360, New York (August 4, 2009, 3:53 PM EDT) -- A federal appeals court has upheld a National Labor Relations Board decision that a union violated its statutory 10-day notice requirement when its members collectively refused to work overtime for a hospital, despite a provision in its collective bargaining agreement giving individuals the right to decline overtime.

In an opinion filed Monday, the U.S. Court of Appeals for the Ninth Circuit granted the NLRB's petition for enforcement and denied Service Employees International Union, United Healthcare Workers-West's cross-petition for review.

At issue is a section of the...
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