NLRB’s Jurisdiction Over Temple University Hospital Case Upheld

The National Labor Relations Board properly asserted jurisdiction over a dispute between Temple University Hospital and an employee union, rather than allowing the board’s authority to be determined by a party’s prior litigation position, a federal appeals court in Washington ruled.

The US Court of Appeals for the District of Columbia on Friday signed off on the NLRB’s decision that the doctrine of “judicial estoppel” doesn’t apply if it would prevent the board from hearing a case. Under that doctrine, a party can’t take a position inconsistent with a position it took in an earlier proceeding, as the union did ...