Allegheny General Hospital v. NLRB
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The confirmed treatment is listed below. In St. Margaret Memorial Hospital v. NLRB, 991 F.2d 1146, 1152 (3d Cir. 1993), the Third Circuit held that American Hospital Association v. NLRB displaced Allegheny General's ruling that the Board's skilled maintenance unit determination violated Congress's warning against fragmented hospital bargaining units. Later courts continued to use Allegheny General's separate rule requiring agencies to follow controlling circuit precedent.
39 later cases cite Allegheny General Hospital v. NLRB; 39 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Allegheny General Hospital v. NLRB?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Supreme Court upheld the NLRB's hospital bargaining unit rule after finding that the Board had considered the risk of fragmented hospital units; the Third Circuit later held that this displaced Allegheny General's contrary unit ruling.
American Hospital Association v. NLRB · Supreme Court of the United States · filed
Assuming that the admonition was designed to emphasize the requirement that the Board determine the appropriate bargaining unit in each case, we have already explained that the Board’s rule does not contravene this mandate.
Read the full opinion on CourtListener →
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