Physicians National House Staff Association v. John H. Fanning

J. SKELLY WRIGHT, Chief Judge,

with whom

Circuit Judges ROBINSON, WALD, and MIKVA join, dissenting:

The National Labor Relations Board (NLRB) denied appellants’ petitions under the National Labor Relations Act (NLRA or Act) for certification as bargaining representatives for medical interns, residents, and fellows (“house staff”).1 The Board ruled that since house staff are primarily “students” rather than employees, they are not covered by the Act. Appellants then petitioned the District Court to declare that their members fall within the statutory definition of employees and to order the Board…