On April 29th the National Labor Relations Board (NLRB) issued a complaint against the California Nurses Association (CNA) for interfering with and coercing employees in their right not to engage in union activity, as well as for altering employees’ terms and conditions of employment without the employer’s agreement or consent.   After negotiating a contract with the Henry Mayo Hospital in California, the CNA, as many unions do once an agreement is reached, told the Hospital it would print copies of the contract.  However, the printed version included unilaterally added language on the back cover of the contract about employees’ “Weingarten Rights.”   “Weingarten Rights” give unionized employees the right to request union representation during any investigatory interview conducted by an employer.  The Hospital filed an unfair labor practice charge against the CNA.   Finding reasonable cause to believe the Union violated the National Labor Relations Act, the NLRB’s Regional Office in California issued a complaint against the Union and scheduled a hearing for August 1st.  

Employers who have contracts with the CNA or any other National Nurses United (NNU) affiliated union that have had similar language printed on the back of their collective bargaining agreements, without consent, should contact labor counsel for advice as to how to proceed and whether to file an unfair labor practice charge.   Employers generally should be cautious when Unions agree to take care of printing the contract, that the printed version accurately represents the parties agreement without unilateral amendments or additions.

Thanks to Steve Porzio for this submission.

 

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Ana C. Shields Ana C. Shields

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American…

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American Arbitration Association and administrative agencies.

Ms. Shields has successfully prepared pleadings, motions, memoranda of law, position statements and legal opinions related to employment law issues such as employment discrimination, harassment, retaliation, whistle-blowing claims and restrictive covenants. Ms. Shields has advised clients on compliance with various state and federal laws affecting the workplace, including Title VII, the Equal Pay Act, Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws. In addition, she is a firm resource for Electronic Discovery. She has worked closely with clients through all phases of litigation including investigations, preparations for depositions, attending depositions and trials.

While attending law school, Ms. Shields was a published member of the New York International Law Review. She was the recipient of the 2003 American Bar Association/Bureau of National Affairs Award for Excellence in Labor and Employment Law. She was also awarded the CALI Award for Excellence in Employment Law, Advanced Labor Law, and Jurisprudence.

Prior to joining the firm, Ms. Shields was a commercial litigation associate at a firm in Long Island, New York.