NLRB v. Asociacion Hospital

U.S. Court of Appeals for the First Circuit

NLRB v. Asociacion Hospital

Opinion

USCA1 Opinion









February 28, 1996 [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________

No. 95-1642

ASOCIACI N DE MAESTROS DE PUERTO RICO,

Petitioner,

v.

NATIONAL LABOR RELATIONS BOARD,

Respondent.

____________________


No. 95-1740
NATIONAL LABOR RELATIONS BOARD,

Petitioner,

v.

ASOCIACI N HOSPITAL DEL MAESTRO, INC., ET AL.,

Respondent.

____________________


ON PETITIONS FOR REVIEW AND ENFORCEMENT OF AN ORDER

OF THE NATIONAL LABOR RELATIONS BOARD

____________________

Before

Selya, Cyr and Boudin,

Circuit Judges. ______________

____________________


















Zaida Prieto Rivera, with whom Cancio, Nadal, Rivera & Diaz was ___________________ ____________________________
on brief for Asociacion de Maestros de Puerto Rico.
Fred L. Cornnell, with whom Frederick L. Feinstein, General ________________ ______________________
Counsel, Linda Sher, Associate General Counsel, and Aileen A. __________ _________
Armstrong, Deputy Associate General Counsel, were on brief for NLRB. _________

____________________


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Per Curiam. Asociaci n de Maestros de Puerto Rico Per Curiam. ___________

("AMPR") petitions for review of a National Labor Relations Board

order which determined that AMPR and Asociaci n Hospital del

Maestro, Inc. ("the Hospital") constitute one employer under the

so-called "single employer" doctrine. See Penntech Papers, Inc. ___ _____________________

v. NLRB, 706 F.2d 18, 25 (1st Cir.), cert. denied, 464 U.S. 892 ____ _____ ______

(1983). In the companion case, the National Labor Relations

Board applies for enforcement.

As the record discloses substantial evidentiary support

for the "single employer" finding; see 29 U.S.C. 152(2) (Supp. ___

1995); Penntech Papers, Inc., 706 F.2d at 22-25, and the Board's _____________________

subsidiary findings are not challenged,1 we uphold the "single

employer" ruling, dismiss the petition for review in No. 95-1642,

and direct enforcement of the Board's order.

SO ORDERED. See Loc. R. 27.1 (1st Cir.). SO ORDERED __ _______ ___










____________________

1We note, nonetheless, that whether the "single employer"
label fits may well depend in some measure on the nature of the
underlying unfair labor practice claim. In the present case, the
dispute concerned whether financial information about one company
should be disclosed in connection with collective bargaining
between the other company and its union. We have little diffi-
culty in concluding that the relationship between these compa-
nies, viewed in light of this unfair labor practice claim,
afforded ample basis for the Board order. Whether the same
result should obtain in the context of a different unfair labor
practice claim need not be decided.

3






Reference

Status
Published