Tag Archives: “protected concerted activity”

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’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

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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