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Children's Hosp. Med. Ctr. v. Cal. Nurses Ass'n

Children's Hosp. Med. Ctr. v. Cal. Nurses Ass'n

United States Court of Appeals for the Ninth Circuit

September 12, 2001, Argued and Submitted, San Francisco, California ; March 22, 2002, Filed

No. 00-15636

Opinion

 [*1190]  REINHARDT, Circuit Judge:

The California Nurses Association gave notice to the Children's Hospital of Oakland in August, 1998, that it intended to conduct a 24-hour sympathy strike at the hospital to show support for other workers who were planning to engage in a primary strike. The hospital then filed this action, seeking a declaration that sympathy strikes are barred by the no-strike provision in the collective bargaining agreement, and seeking damages for the expenses incurred in strike preparation. The district court granted summary judgment in favor of the union, and the hospital appeals. The appeal raises the question whether a general no-strike clause in a collective bargaining [**2]  agreement bars sympathy strikes.

I. Background

The California Nurses Association (CNA) represents all of the approximately 650 nurses who work at Children's Hospital of Oakland (CHO). In the summer of 1998, Local 6 of the International Longshore and Warehouse Union (ILWU), which represents the CHO's x-ray technologists, was engaged in contract negotiations with the hospital. Local 6 established a strike deadline of August 31, and soon thereafter, pursuant to section 8(g) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158(g), CNA gave written notice of its intent to conduct a sympathy strike, should ILWU Local 6 in fact call a primary strike. 1 In response to the sympathy strike notice, the hospital took a number of precautions, including canceling some types of surgeries, transferring patients with certain needs, and declining to accept new patients. Shortly before the deadline, the threatened x-ray technologists' strike was averted. Consequently, the CNA sympathy strike did not occur.

 [**3]  Contending that the no-strike clause of its collective bargaining agreement with the nurses' union prohibited sympathy strikes, 2 CHO filed this action pursuant to the NLRA, 29 U.S.C. § 185, 3 [**4]  seeking a declaration that the no-strike clause bars sympathy strikes. CHO also sought monetary damages for the economic losses resulting from the precautionary measures taken after CNA gave its sympathy strike notice. 4 After discovery, the parties filed  [*1191]  cross-motions for summary judgment, and the district court granted the defendant's motion. ] We review the district court's grant of summary judgment de novo. Playboy Enter. v. Welles, 279 F.3d 796, 800 (9th Cir. 2002).

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283 F.3d 1188 *; 2002 U.S. App. LEXIS 4601 **; 169 L.R.R.M. 2779; 146 Lab. Cas. (CCH) P10,029; 2002 Cal. Daily Op. Service 2587; 2002 Daily Journal DAR 3177

CHILDREN'S HOSPITAL MEDICAL CENTER OF NORTHERN CALIFORNIA, D/B/A CHILDREN'S HOSPITAL OF OAKLAND, Plaintiff-Appellant, v. CALIFORNIA NURSES ASSOCIATION, Defendant-Appellee.

Prior History:  [**1]  Appeal from the United States District Court for the Northern District of California. D.C. No. CV-99-0608-VRW. Vaughn R. Walker, District Judge, Presiding.

Children's Hosp. Med. Ctr. v. California Nurses Ass'n, 2000 U.S. Dist. LEXIS 4733 (N.D. Cal. 2000) 

Disposition: Affirmed.

CORE TERMS

sympathy, no-strike, strikes, sympathy strike, unmistakable, rights, collective bargaining agreement, bargaining, waive, employees, parties, negotiations, notice, waiver of rights, right to engage, extrinsic evidence, picket line, represents, contends, mutual, nurses, right to strike, clarification

Healthcare Law, Business Administration & Organization, Employment Issues, Collective Bargaining & Labor Unions, Labor & Employment Law, Collective Bargaining & Labor Relations, Strikes & Work Stoppages, Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment, Summary Judgment Review, General Overview, Standards of Review, Motions for Summary Judgment, Bargaining Units, Right to Organize, Criminal Law & Procedure, Reviewability, Waiver, Admission of Evidence, Business & Corporate Compliance, Unfair Labor Practices, Employer Violations, Interference With Protected Activities, Protected Activities, Governments, Legislation, Statutory Remedies & Rights, Contracts Law, Contract Interpretation, Intent, Labor Arbitration, Judicial Review, Judicial Review