The United Food and Commercial workers union brought about the action against St. John’s Medical Center. The center is a nonprofit organization operated by the Sisters of Mercy. Central to the case is the collective bargaining agreement fostered between the Union and St. John’s. Part of the security provisions of the CBA required union membership of all registered nurses working in the hospital to ensure their continued employment. St. John’s then was under obligation to comply with the request. This paper provides a summary of the case and outlines the legal principles the court relies on in determining the case decision.
In 2003, the Union raised concerns about St. John’s inability to comply with the terms of the CBA. It did so by failing to discharge more than seventy registered nurses who had not yet paid their union dues. St. John raised concerns on this course of action by arguing that the union did not provide adequate amount of time and the looming effect of this course of action on public policy. In 2004, the Union filed an unfair labor practice charge with the board. At this point, the union sought the discharge of fourteen nurses for failing to comply with the initial agreement. Argument of the case was in front of an administrative law judge who ruled in favor of the union. He also ordered the repayment of overdue union fees and those of the nurses. As a result, the union filed an action to confirm the arbitration award. The medical center in part relied on Missouri Hospital Licensing Law and the Nursing Practice Act to argue that public policy influenced non-adherence to the CBA. The court concluded that St. John’s did not meet its commitment to honoring the CBA, not to mention lacking the burden to prove that enforcement of the arbitration award contravenes public policy.
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There are various legal principles that guide the case. One of them is the existing CBA between the two parties with article 4 containing the provision that requires registered nurses employed by St. John’s to pay union dues. Section 4.2 included the provision that the registered nurses, who did not become members of the union, have their employment terminated from the medical center. The union complied with the obligations in ensuring the enforcement of the union security provision, (Case Law, 2017). Various attempts were in place to ensure compliance with the CBA. Some of them include notices to the registered nurses and letters to the medical center. With the case escalated to the board, the board correctly applied the law. Precedent was in motion with similar cases setting the stage for judgment such as Ford Motor Co. V NLRB, 441 U.S. 488.
The case played a role in setting an example especially in labor relations on the influence of unions on employees’ welfare. Unions play an important role in safeguarding its members and in the event of non- compliance with the employers can result in devastating consequences. The violation of St. John to the CBA is in line with non-compliance to violation of section 8(a) (5) of the Act. St. John’s central argument on public policy is its violation following the skills of registered nurses and the demanding nature of the health care sector. There were no extraordinary circumstances in this case with St. John’s being on the spot for failing to honor the agreement.
References
Case Law. (2017). St. John’s Mercy Health Systems V National Labor Relations Board: Web. Retrieved from http://caselaw.findlaw.com/us-8th-circuit/1015815.html on 26 Sep 2017
Lexroll. (2016). United Food V St. John’s Mercy 448 F.3d 1030 (8 th Cir. 2006). Web Retrieved from http://eighthcircuit.lexroll.com/united-food-v-st-johns-mercy-448-f-3d-1030-8th-cir-2006/ on 26 Sep 2017
