Woodlawn Hospital v. National Labor Relations Board

SPRECHER, Circuit Judge.

Woodlawn Hospital brings this appeal to challenge the November 23, 1977 order of the National Labor Relations Board ordering the hospital to grant preferential reinstatement rights to 59 individuals who had been employed by the hospital preceding a 1972 strike. The question presented for review is whether these strikers are “employees” within the meaning of section 2(3) of the National Labor Relations Act, 29 U.S.C. § 152(3), thereby entitling them to reinstatement.

I

In December of 1971 Woodlawn Hospital entered into an interim recognition agreement with the Hospital…