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…
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…
NLRB’s Division of Advice Spells Out Lawful Investigation Rules and Addresses Questions Raised By Banner Health System
Healthcare employers may be interested in a recent post on the Jackson Lewis LLP Workplace Resource Center addressing lawful investigation rules. Click here for more information.
NLRB Recess Appointment Question to be Appealed to U.S. Supreme Court
The National Labor Relations Board announced on March 12, 2013, that it will not seek en banc rehearing of Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), in which the U.S. Court of Appeals for the District of Columbia Circuit held that the President’s January 4, 2012 recess…
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…
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…