Click here for the full post which appeared yesterday on Jackson Lewis’ Labor & Collective Bargaining blog.
Labor
Employer Could Discharge Nurse for Facebook Tirade, Court Finds
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).…
Union Could File NLRB Charges Despite Arbitration Agreement, Court Finds
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…
United States Supreme Court Will Review Home Health Care Workers’ Challenge To Compulsory Union Fees
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…
Hospital Commits Unfair Labor Practice by Unilaterally Changing Dress Policy and Failing to Respond to Union’s Information Request
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
Jury Finding Understaffing Caused Nursing Home Resident’s Death Supported by Evidence, Tennessee High Court Rules
Healthcare employers may be interested in a recent article on the Jackson Lewis P.C. website regarding liability for inadequate staffing in a nursing home setting. Click here for more information.
Tension Behind Patient-To-Nurse Staffing Ratio Highlighted By Union Initiative
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…
Registered Nurses, Serving as Charge Nurses, were Supervisors under NLRA, Federal Appeals Court Rules
Healthcare employers may be interested in a recent post on the Jackson Lewis P.C. Workplace Resource Center addressing the supervisory status of registered nurses working as charge nurses. Click here for more information.
NLRB’s Division of Advice Finds Employee’s Facebook Comments Unprotected
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…
Union Information Requests: Is Nothing Sacred?
Unionized healthcare employers may be interested in a recent post on the Jackson Lewis LLP Unions & Labor Law Reform Blog addressing union information requests in the hospital setting. Click here for more information.