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A California-based hospital company says it will not comply with at least two National Labor Relations Board rulings from the past year after a federal court invalidated three of President Barack Obama’s recess appointments to the NLRB last week.

Prime Healthcare Services, which owns 21 hospitals in California and three other states, told Reuters on Wednesday that it had informed one of its employee unions that it would not follow an NLRB ruling mandating the collection of union dues even after a collective bargaining agreement has expired, or a ruling compelling employers to provide unions with certain materials during internal investigations.

The decision by the U.S. Court of Appeals for the D.C. Circuit casts a shadow of doubt over rulings the board has issued over the past year because without the three appointments, the board lacked a quorum.

One lawyer for the Prime Healthcare union, the Service Employees International Union-United Healthcare Workers West, said the board’s rulings from last year remain the law and criticized Prime Healthcare’s stance.

“The employers’ side is giving the finger to the NLRB and the National Labor Relations Act,” the lawyer, Bruce Harland, said in an interview. “It’s not well thought out, it’s just an in-your-face, brazen, ‘We’re not going to comply with this.’”

When the D.C. Circuit invalidated Obama’s three recess appointees, it did not specifically address the two board rulings Prime Healthcare said it will flout. It instead ruled that the president violated the U.S. Constitution when he used recess appointments to fill the labor board, a sweeping decision that experts said could limit presidential power to push through federal nominees. The court found that the Senate was not truly in recess when Obama installed three nominees to the NLRB in January 2012.

Prime Healthcare’s decision is not unprecedented, lawyers said. In some cases, when a business disagrees with a board ruling, it has chosen to not comply and to fight any resulting unfair labor practice charge brought by a union.

Such challenges, however, usually target specific rulings. Prime Healthcare is taking the sweeping position that at least two and perhaps all the cases decided in the past year by the NLRB’s recess appointees are invalid.

The company’s decision could pave the way for other employers to follow suit. That would be a blow to labor unions after a string of rulings in their favor. Some management lawyers said labor scored so many wins from the NLRB in the closing weeks of 2012 that they refer to the period as “the December massacre.”

Many of the board’s findings changed longstanding rules governing labor relations and gave unions more leverage over employers, lawyers said. The rulings also provoked an outcry from the business community, which criticized the board as radically pro-union and attacked the legitimacy of Obama’s recess appointments.

Already, lawyers who represent management are saying employers should not be afraid to defy NLRB rulings.

James Hendricks, a lawyer at Lewis Brisbois Bisgaard & Smith who represents management, said he is advising clients to assume that the pro-union decisions that came down during the “December massacre” no longer apply. “If we had decisions that have come down, those are now void,” he said.

A spokeswoman for the NLRB said she was unaware of any increase in the number of companies refusing to comply with the board’s rulings in the wake of the D.C. Circuit’s decision.

‘VOID IS VOID’

Prime Healthcare was not a party in the cases involving union dues and internal investigations. But on Friday the company told the SEIU-United Healthcare Workers West that following the D.C. Circuit decision, it would disregard the NLRB rulings.

“The D.C. Circuit’s ruling from last Friday held all the Board’s cases decided by the recess appointments are void,” wrote Prime Healthcare’s assistant general counsel, Mary Schottmiller, in an email to Reuters. “As such, it would violate the law if we followed the Board’s rulings … regarding union dues and witness statements.”

Schottmiller told Reuters that Prime Healthcare’s response to the union needed no further elaboration because the D.C. Circuit’s opinion was clear. “Void is void,” she said, adding that all of the company’s hospitals would take the same legal position on the issue.

NLRB Chairman Mark Pearce said in a statement on Friday that the D.C. Circuit’s decision would not deter the board from getting on with its work. He has not spoken specifically about the Prime Healthcare case. The government can ask the D.C. Circuit to rehear the case before the decision takes effect, and the three recess appointees remain on the board.

Prime Healthcare’s action is one of several developments that have followed Friday’s ruling by the D.C. Circuit. On Wednesday, homebuilder D.R. Horton Inc asked a federal appeals court to throw out an NLRB ruling on grounds that another recess appointment Obama made in 2010 was invalid. On Thursday, three Republican senators introduced legislation that would prohibit the NLRB from enforcing any rulings made after January 4, 2012, without a quorum of constitutionally appointed board members.

SEIU-United Healthcare Workers West has been wrangling with one of Prime Healthcare’s hospitals since December. In a letter dated December 3, the Centinela Hospital Medical Center in Inglewood, California, told the union that because the collective bargaining agreement had expired, the hospital would no longer collect union dues from employees’ pay.

In response, Harland sent a letter to the hospital in January, insisting that it comply with the recent NLRB ruling.

“I assume that you must employ at least one lawyer who knows how to read,” Harland wrote in a letter he shared with Reuters. “If you had bothered to consult with any first year Labor Law student, you would have learned that on December 12, 2012, the National Labor Relations Board issued a significant ruling, which overruled 50 years of bad law concerning the unilateral cancellation of dues check-off post contract expiration.”

Schottmiller responded with a one-line email on Friday that read, “We hope your next letters are more professional and mature.” She attached a copy of the D.C. Circuit’s decision.

The NLRB’s public affairs director, Nancy Cleeland, declined to comment specifically on the statements by Prime Healthcare. But she said the D.C. Circuit’s decision applies only to the case the court was considering, a dispute between soda bottling company Noel Canning and the labor board, and not any of the board’s rulings on other cases.

For Prime Healthcare, the main downside in not complying with the NLRB decisions is that it must now fight an unfair labor practice charge that SEIU filed in early January. Disputing such charges can be costly, requiring up to hundreds of lawyer hours. The union has said it intends to file a second unfair labor practice charge over the witness statements in the coming days.

(Reporting By Terry Baynes in New York; Editing by Eileen Daspin, Eric Effron and Douglas Royalty)

Two of Nova Scotia’s top medical researchers — including a neurologist and brain surgeon — are leaving the province and Dalhousie University for greener pastures.

Dr. Ivar Mendez and Dr. Donald Weaver have been commercializing advanced medical research in Halifax. Both have been lured away from Dalhousie University for more prestigious positions elsewhere in Canada.

“There’s nothing negative pushing me away. There’s something positive attracting me,” said Weaver, a neurologist.

Weaver and a team of 22 researchers have been looking for a drug to treat severe neurological disorders such as Alzheimer’s disease.

On July 1, Weaver takes over the Toronto Western Research Institute, home to research programs associated with the neural and visual sciences, musculoskeletal disease and urban and community health priority programs.

“The amount of space available to me will increase five-fold,” he told CBC News on Thursday.

“That’s a difficult opportunity to ignore.”

Weaver will take between 10 and 15 people with him to Toronto. One of his biomedical companies — Treventis Corporation — will also relocate. Two other spinoff companies created by his research will remain in Halifax.

“When you try to develop drugs you want to do it quickly. Could all of the things I’m doing be done here? Certainly. It would take longer,” he said.

Last summer, the Sobeys Foundation donated $2 million to the Dalhousie Medical Research Foundation to establish the DMRF Irene MacDonald Sobey Endowed Chair in Curative Approaches to Alzheimer’s Disease. Weaver was named chair of that program.

The Sobeys Foundation told CBC News in a statement on Thursday that it was “disappointed” to learn Weaver was leaving Nova Scotia, but “delighted to know that he will continue his research in this incredibly important field.”

“The foundation’s $2-million donation to the Dalhousie Medical Research Foundation was made to advance the world-class research being done at the university and will in no way be impacted by Dr. Weaver’s departure,” the foundation said in a statement.

“The foundation has been in close contact with the university and knows they will be working diligently to fill the Irene MacDonald Sobey Endowed Chair in Curative Approaches to Alzheimer’s Disease.”

Mendez, a Halifax neurosurgeon, will become the head of surgery at the University of Saskatchewan and the Saskatoon Health Region on June 1.

“It’s province wide. It’s a unique position in the country,” Mendez told CBC News.

“If you have a province-wide head, you can rationalize surgical service. You can strategize how services will be provided. The idea at the end of the day is to have access to the best services possible. This would have been something great to do here.”

The Bolivia-born Mendez has earned wide acclaim for his pioneering work in remote medicine. He founded the Brain Repair Centre in Halifax and was instrumental in developing Dalhousie University’s $66-million Life Sciences Research Institute.

After 18 years in Halifax — including 10 as head of neurosurgery — Mendez said it was time to move on.

“It is important for new leadership to take over,” he said.

When asked about the high-profile departures, Nova Scotia Premier Darrell Dexter said Thursday, “It’s not about the money, they are already very well paid. They are looking at specific opportunities that exist.”

Dr. Martha Crago, Dalhousie University’s vice-president of research, said both experts will be replaced.

“We’re sorry to see both go. Both are getting terrific opportunities. There will be other people coming in the door as they go out,” Crago told CBC News.

“It’s hard to compete.”

Crago noted the $1.4 million in federal funding associated with the Canada Research Chair in Neuroscience, held by Weaver, will remain with Dalhousie University.

Mendez and Weaver’s departures were revealed by the business website allnovascotia.com.