NLRB Reaffirms Jurisdiction Over Temple Hospital Labor Dispute

The National Labor Relations Board confirmed its jurisdiction over a dispute between Temple University Hospital and a union, saying that it can’t lose the authority to hear a case based on parties’ previous litigation choices.

The NLRB said in its decision Monday that it can’t invoke the doctrine of “judicial estoppel” if that would force it to surrender its jurisdiction over a case. Under the doctrine, a party can’t take a position inconsistent with a position it took in an earlier proceeding, as the union did regarding state labor board jurisdiction.

The board also reaffirmed its 2018 ruling that Temple ...