Salem Hospital Corp. v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

Salem Hospital Corporation (Salem) petitions for review of the National Labor Relations Board’s (Board) certification of a bargaining unit and its subsequent determination that Salem unlawfully refused to bargain. The thrust of Salem’s petition is that the Board’s misapplication of its own adjudicatory procedures denied Salem a fair opportunity to contest the bargaining unit’s certification. Although the Board’s proceedings are indeed gaffe-ridden, Salem has failed to establish that it was prejudiced…