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In Duke University' the National Labor Relations Board (NLRB) faced squarely for the first time the proper application of the nonprofit hospital exemption of section 2(2) of the National Labor Relations Act (NLRA)2 in the context of a nonprofit, nonhospital employer operating a medical center and hospital as part of a large university. The Board easily found a basis for jurisdiction over Duke University and its medical center, both of which are intimately connected with Duke Hospital and with one another. Nevertheless, the Board excluded from its jurisdiction all employees who regularly spend over 50 percent of their working time in the Hospital itself. On the other hand, in the sole dissent to the four-member 3 en banc decision, Member Fanning focused in detail on the meaning of the "hospital exemption" and concluded that, in light of its legislative history, the exemption was not meant to apply to a universityoperated hospital such as Duke Hospital. While both the majority and dissenting opinions have historical and logical support, both opinions adopted a superficial approach. In the majority opinion, the reader is asked to accept, almost by fiat, the over-simplified reasoning that since Duke Hospital "is a nonprofit hospital operated by a nonprofit university, it appears that, literally, the exclusion . ..applies to it."' Since, as will be demon-

The Nonprofit Hospital Exemption of the National Labor Relations Act: Application to the University-Operated Hospital in Duke University