Opinion

National Labor Relations Board v. Baptist Hospital, Inc.

  • 442 U.S. 773
  • 101 L.R.R.M. (BNA) 2556
  • 99 S. Ct. 2598
  • 61 L. Ed. 2d 251
  • 1979 U.S. LEXIS 7
Court
Supreme Court of the United States
Filed
Jun 20, 1979
Status
Published
Author
Blackmun
On the bench
Powell, Stewart, Blackmun, Rehnquist, Stevens, Burger, Brennan, White, Marshall
Cited by
94 cases
Authority
More cited than 24.1%

explaining that there is “a ban on the prohibition of solicitation in areas other than immediate patient-care areas ‘where the [hospital] has not justified the prohibitions as necessary to avoid disruption of health care operations or disturbance of patients’ ”

How later courts described this case

  • explaining that there is “a ban on the prohibition of solicitation in areas other than immediate patient-care areas ‘where the [hospital] has not justified the prohibitions as necessary to avoid disruption of health care operations or disturbance of patients’ ”
  • noting that “courts have the duty to review [agency] presumptions both ‘for consistency with the Act, and for rationality.’ ” (quoting Beth Israel Hosp. v. NLRB, 437 U.S. 483, 501, 98 S.Ct. 2463, 57 L.Ed.2d 370 (1978))
  • The Court permitted an employer to ban union solicitation in certain areas of the hospital in part because such solicitation, “in the presence or within the hearing of patients may have adverse effects on their recovery.”
  • “Hospitals, after all, are not factories or mines or assembly plants. They are hospitals, where human ailments are treated, where patients and relatives alike often are under emotional strain and worry, where pleasing and comforting patients are principal facets of the day’s activity, and where the patient and his family . . . need a restful, uncluttered, relaxing, and helpful atmosphere . . . .” (citation omitted)

Written by the judges who cited it.

The opinion

Mr. Justice Blackmun,

concurring.

I join the Court’s opinion and its judgment. I write only to underline what is plainly said in the opinion, ante, at 789-790, and n. 16, that these hospital cases so often turn on the proof presented. What may be true of one hospital’s gift shop and cafeteria may not be true of another’s. And I continue to have difficulty perceiving any rational distinction between the Board’s recognition that solicitation is inappropriate in a department store, see Beth Israel Hospital v. NLRB, 437 U. S. 483, 511-512 , and nn. 2 and 3 (1978) (Powell, J., concurring in judgment); id., at 508 (concurring opinion), and its contrary presumption with respect to the retail shop (usually operated on a not-for-profit basis) and cafeteria in the hospital. The admonition contained in the last paragraph of n. 16 of the Court’s opinion, ante, at 790, cannot be overemphasized.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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