A U.S. appeals court on Tuesday said the National Labor Relations Board must reconsider Temple University Hospital’s claims that its ties to the university and the state of Pennsylvania place it out of reach of the agency’s jurisdiction.
A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said the board in 2017 misapplied U.S. Supreme Court precedent when it allowed a union representing the non-profit hospital’s employees to argue that Temple was a private entity, even though it had maintained for years that it was a public employer. The NLRB typically only has jurisdiction over private-sector employers.
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