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The Peculiar Collective Bargaining Status Of Hospital Housestaff, Diane Wende Bricker

Fordham Urban Law Journal

Article discusses confusion as to whether state or federal labor relations boards may decide the collective bargaining rights of housestaff in non-profit hospitals. The National Labor Relations Board found that housestaff were primarily students rather than employees and consequently not a labor organization within the meaning of the National Labor Relations Act. However, since the position is contrary to that which many state courts and labor boards have adopted the article examines (1)if the NLRB preempted state control of labor relations of housestaff in non-profit hospitals and (2) if so, will the federal decision endure, despite the dissatisfaction of state …