During negotiations for renewing the collective agreement, the union representing the employees at Mercy Hospital presented a proposal that the hospital cafeteria be open for all employees from the hours of 6:30 A.M.–8:00 P.M. and 2:00 A.M.–

4:00 A.M. The cafeteria had been open for those hours for the past ten years, but the hospital had considered closing it overnight. The union argued that there were approximately 175 employees working the overnight shift, and many of them used the cafeteria for lunch and breaks. The hospital responded that the cafeteria had been losing money during the 2:00 A.M.–4:00 A.M. operations. The union proposal was made on May 15, 2007; on May 19, without any notice to and discussions with the union, the hospital closed the cafeteria overnight.

The hospital installed additional vending machines and provided a toaster and microwave for use by the employees. The union filed an unfair labor practice complaint with the NLRB over the hospital’s closing of the cafeteria overnight.

How should the NLRB rule on the complaint?

Was the hospital required to bargain with the union over the decision to close the cafeteria overnight? Why?

See MercyHospital of Buffalo [311 NLRB 869 (1993)].