The Ninth Circuit heard argument Monday in an appeal by Southern California Hospital at Culver City, which appealed from an order dismissing the Hospital’s legal challenge to a Culver City ordinance that entitled workers at the Hospital to a $5 per hour temporary pay increase in recognition and compensation for their work providing vital health care services to the community during the pandemic. As noted in a Law360 article, the panel “pressed” counsel for the Hospital regarding its arguments that the ordinance is preempted by the National Labor Relations Act or acted as a substantial impairment of the Hospital’s contracts with unions or staffing companies.
Catha Worthman and Genevieve Casey represent SEIU-UHW. The union intervened in the District Court case and in the appeal to defend the ordinance and, with the City, have asked the Ninth Circuit to affirm a January 19, 2022 order by the Honorable Mark Scarsi of the U.S. District Court for the Central District of California granting the City’s and SEIU-UHW’s motions to dismiss the Hospital’s claims. The appeal is Southern California Healthcare System, Inc. d/b/a Southern California Hospital at Culver City v. City of Culver City, et al., Case No. 21-55788. To view the full article on the Law360 website, click here. It is also available here.