A nurse who posted an angry Facebook tirade could not prevail on claims that her employer, a hospital, fired her in breach of a collective bargaining agreement or violated her free speech rights under the California Constitution, a federal district court ruled.  Guevarra v. Seton Med. Ctr., No. 4:13-cv-02267 (N.D. Cal. Dec. 2, 2013).

A union’s labor agreement to arbitrate any unresolved disputes about its organizing of employees and bargaining with a hospital did not demonstrate that the Union waived its right to file unfair labor practice charges with the NLRB, a federal district court ruled.  Fallbrook Hosp. Corp. v. Cal. Nurses Ass’n, No. CV-01233-GPC-WMC (S.D. Cal. Sept

The United States Supreme Court has agreed to review a Seventh Circuit decision requiring non-union Illinois home health care workers serving Medicaid recipients to pay union fees.  Harris v. Quinn, No. 12-861, cert. granted 10/1/13.  Pursuant to a 2009 executive order and a collective bargaining agreement, the state of Illinois and SEIU Healthcare

A hospital violated the National Labor Relations Act when it changed its dress policy without first giving the union representing its nurses an opportunity to bargain and by failing to provide information the union requested regarding the policy, a National Labor Relations Board administrative law judge has found in Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County, Case No. 04-CA-097635 (Sept. 10, 2013).
Continue Reading Hospital Commits Unfair Labor Practice by Unilaterally Changing Dress Policy and Failing to Respond to Union’s Information Request

Beginning this month, the Massachusetts Nurses Association (“MNA”) initiated a signature drive to support legislation requiring hospitals to limit the number of patients cared for by individual nurses.  The initiative is titled the “Patient Safety Act” and strictly would limit nurses in a medical/surgical unit to caring for 4 patients, nurses in emergency departments to

The NLRB’s Division of Advice found in Tasker Healthcare Grp. d/b/a Skinsmart Dermatology (4-CA-94222, 5/8/2013) that an employer did not violate the NLRA when it discharged the charging party for critical or derogatory comments made about her employer and supervisors during a Facebook conversation with other employees.  According to the NLRB memorandum, the charging party’s