National Labor Relations Board, Petitioner/cross-Respondent v. St. Francis Healthcare Centre, Respondent/cross-Petitioner

I respectfully write separately to address two points.

I

First, although I agree with the majority’s conclusion that the Board’s decision to set aside the first election was supported by substantial evidence, I disagree with the majority’s rejection, in Part II.C., of the Board’s determination that St. Francis threatened to bargain “from scratch,” thereby violating Section 8(a)(1) of the Act.

I agree with the majority that the record contains evidence to support St. Francis’s position that its statements were intended to inform employees about the bargaining consequences of union representation.…