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In an unpublished decision, the National Labor Relations Board (NLRB) has denied an acute- care hospital’s request to stay a representation election based on the COVID-19 pandemic. Crozer-Chester Medical Center, Case 04-RC-257107 (Apr. 23, 2020). The union’s representation petition was filed on February 28, 2020. The union, which did not represent any of the…

In a decision that affects both union and non-union employers, the National Labor Relations Board (NLRB or Board) has taken what is likely the first step toward reining in the expanded scope of what the Obama-era Board considered “protected, concerted activity” under the National Labor Relations Act (NLRA).

In Alstate Maintenance, the NLRB overturned…

This article on our Workplace Resource Center about discharging employees for participating in a discussion on Facebook may be of particular interest to healthcare employers grappling with employee misuse of social media.

A hospital’s newly implemented dress code policy was a material, substantial, and significant change to union employees’ terms and conditions of employment that required bargaining with the union, the NLRB has ruled.  Salem Hospital Corp., 360 NLRB No. 95 (Apr. 30, 2014).

The hospital maintained a dress code policy, which allowed employees wide latitude…

A nursing home’s policy prohibiting off-duty employees from remaining on its premises after their shift “unless previously authorized by” their supervisor interfered with the labor rights of employees, the NLRB has ruled.  Piedmont Gardens, 360 NLRB No. 100 (May 1, 2014).

The union filed unfair labor practice charges against the employer, alleging among other…

A hospital’s code of conduct forbidding comments that stray beyond “fair criticism” and behavior detrimental to “promoting teamwork” were unlawful, NLRB Administrative Law Judge (ALJ) Susan Flynn has ruled.  William Beaumont Hospital, Case No. 07-CA-093885 (January 30, 2014).

The hospital’s code of conduct stated, in part:

Conduct on the part of a Beaumont employee…

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 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…