Word: legalism
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Dates: during 1970-1979
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...succeeded in enhancing the quality of life at South House, but it may well have mistreated the minority contractor responsible for that improvement. It remains to be seen if the Cruz Construction Company can iron out its differences with the University, or whether it will have to resort to legal action...
Powell's decision makes an interesting legal point with its comparison of the two systems...
Shea and Rabkin disagree over the hospital's motives for carrying through the long appeal process. Shea says "Beth Israel was using legal procedure to delay and harass us--the issue was decided against them at every step." He adds the history of hostility between the hospital and the union shows a hospital bias against unions and a willingness to use any tactic to prevent hospital workers from joining unions. By appealing the case, Shea says, the hospital effectively prevented any distribution of union literature for four years...
Besides the mutual display of hostility evidenced in the disputes, the Supreme Court case presented important legal issues in the untested field of hospital labor law. Since Congress's inclusion of the hospitals under the NLRA in the 1974 Health Care Act Amendments, any legal battle has helped to set precedents by which to judge hospital labor disputes. One legal issue centered around the intent of Congress in including hospitals under the NLRA. The hospital argued that Congress, because it enacted special strike provisions for hospital employees and evidenced concern for the special health care function of hospitals, other labor...
...Harvard's teaching hospitals remain unorganized into unions, and the prospect of future union organization looks bleak at best. Shea says Local 880 will concentrate its organizing efforts on non-Harvard local hospitals, such as St. Elizabeth's in Brighton. Chandler, for his part, says he expects other legal decisions in the future to corroborate Beth Israel's view that hospitals merit special consideration from NLRB because their primary function is non-profit patient care...