DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
003169P.pdf 10/10/2001 St. Luke's Hospital v. NLRB
U.S. Court of Appeals Case No: 00-3169
and No: 00-3410
Agency
Petition for Review of NLRB decision. Board's finding of unfair
labor practice by hospital who terminated a nurse after she spoke
to the press about nursing care is reversed. Public statement was
not protected where it falsely and publicly disparaged hospital's
services. ALJ erred by misstating the burden required to
establish that protected conduct was substantial factor in the
discharge. Board's erred in concluding the reaction to the
statement was not relevant. ALJ's reasons for discrediting
reasons for discharge were not supported by substantial evidence.