Tag Archives: NLRB

Protected Concerted Activity: Healthcare Employers Should Remain Wary Despite Narrowing Labor Board Standard

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 its … Continue Reading

NLRB Continues To Apply And Expand Specialty Healthcare

This week, the NLRB issued a long-awaited decision in Macy’s, Inc., 361 NLRB No. 4 (July 22, 2014).  The Board had invited and considered amicus briefs from interested parties.  In the case, the Board considered the application of Specialty Healthcare in a retail setting. The union filed a petition with the NLRB to represent only … Continue Reading

NLRB Finds Hospital Must Bargain with Union on Changes to Dress Code Policy

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 to determine … Continue Reading

NLRB Finds Employer’s Ban on Off-Duty Access Unlawful

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 things, … Continue Reading

NLRB ALJ Finds Employer’s Ban on Unfair Criticism Unlawful

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 or … Continue Reading

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 23, … Continue Reading

NLRB ALJ Finds Hospital Has Duty to Disclose Information on Effects of ACA on Hospital’s Business

A hospital that failed to supply relevant information to the union representing its nurses concerning the effects of the Affordable Care Act (ACA) on the hospital’s business has committed unfair labor practices in its CBA negotiations with the union, NLRB Administrative Law Judge Jay Pollack has ruled.  Sutter East Bay Hospitals d/b/a Sutter Delta Medical … Continue Reading

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 … Continue Reading

NLRB Defers to Arbitration Award Denying Backpay, Declines Request to Revisit Precedent

The NLRB Acting General Counsel’s latest effort to limit the effect of arbitration awards, even though they may be acceptable to the charged party against whom related unfair labor practice charges are pending before the agency (often the employer), has come up short. The NLRB Acting General Counsel’s 2011 “Guideline Memorandum Concerning Deferral to Arbitral Awards … Continue Reading

Two Recent NLRB Decisions Affecting Employer Investigations and the Issuance of Discipline

Despite the yet-unanswered question of the validity of NLRB rulings since President Obama’s “Recess Appointments” in January 2012, healthcare employers should be aware of several recent decisions that will affect the industry. In Alan Ritchey, the Board held for the first time that, where a collectively bargained grievance and arbitration system does not exist, as … Continue Reading

Ruling in Noel Canning Leaves Unanswered Questions For Internal Investigations In Healthcare Industry

The U.S. Court of Appeals for the District of Columbia Circuit has ruled in Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), that President Obama’s “Recess Appointments” of three new NLRB members in January 2012 were unconstitutional and, as a result, the Board lacked any constitutional authority to … Continue Reading

Labor Board Approves Expedited Union Election Rules

The National Labor Relations Board (NLRB) has voted 2-to-1 to approve Chairman Mark Pearce’s resolution to adopt a limited number of amendments to the NLRB election process.  According to the agency, the modified elections rules are intended to reduce “unnecessary pre-election litigation.”     The six amendments grant the NLRB and its hearing officers significant latitude in … Continue Reading
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