Labor and Employment Laws and Developments in Healthcare Industry
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 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).…
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…
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.
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…
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…
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…
