In American Hospital Association v. NLRB the United States Supreme Court reversed a lower court ruling which had enjoined the National Labor Relations Board from enforcing a substantive rule promulgated under the Administrative Procedure Act's rulemaking procedure. This Note analyzes the significance the Supreme Court's decision will have on the seventeen-year dispute between organized labor and the health care industry over appropriate bargaining units in the health care industry. Part II notes the historical background which was the impetus for the promulgation of the rule. Part III analyzes the legal grounds on which the rule was opposed by the American Hospital Association ("Association"), and the reasoning of the Court in upholding the rule. Part III looks at the practical advantages and disadvantages of rulemaking. Further, Part III analyzes the resistance to the rule by the Association in the context of the seventeen-year dispute between the industry and organized labor over appropriate units in hospitals. Finally, Part IV concludes that, although rulemaking is widely considered to be advantageous, the resistance to unionization in the health care industry by the health care industry will not be deterred by the promulgation and enforcement of the rule.
Harmony in the Health Care Industry at Last? American Hospital Association v. National Labor Relations Board, 111 S. Ct. 1539 (1991),
71 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol71/iss3/9