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NLRB Says Hospital Must Bargain Despite Union s Earlier Take
Law360 (April 13, 2021, 8:23 PM EDT) The National Labor Relations Board has ordered Temple University Hospital to bargain with a unit of professional and technical employees, rejecting the hospital s argument that the doctrine of judicial estoppel kept the union from invoking the board s jurisdiction.
In its decision Monday, a three-member panel ruled that judicial estoppel can t be used in situations where its application could force the board to give up its jurisdiction, reaffirming an earlier order requiring the hospital to bargain with Temple Allied Professionals, PASNAP.
However, the board also said that it didn t foreclose the possibility that there might be a future case where the doctrine.