Affiliated Hospitals of San Francisco v. Scearce

In this consolidated appeal1 this court is asked to interpret Section 213(a)2 of the Labor Management Relations Act of 1947, as amended, which specifies when the Director of the Federal Mediation and Conciliation Service (FMCS) is authorized to appoint a board of inquiry to resolve a collective bargaining dispute between a non-profit hospital and a union representing its employees. The pertinent facts are stated in the district court’s Findings of Fact, Conclusions of Law and Order Granting Injunction reported in 418 F.Supp. 711 (N.D.Cal. 1976). The district court found that the Director’s…