Category Archives: Healthcare Employers

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NLRB General Counsel Issues Guidance on the Duty to Bargain During Emergencies

On March 27, 2020, NLRB General Counsel Peter Robb issued Memorandum GC-20-04 to provide guidance to NLRB regional offices and the general public. Acknowledging that “we are [currently] in an unprecedented situation,” the General Counsel provided summaries of several NLRB decisions discussing how, if at all, an employer’s duty to bargain under NLRA Section 8(d) … Continue Reading

Union Adherent’s Antics Not Protected By Act, NLRB Rules

By Mark Theodore on May 22, 2017 Posted in Bargaining units, Collective Bargaining, General Counsel, Healthcare Employers, NLRA, NLRB, Protected activity, Section 7, Section 8(a)(1), Section 8(a)(5), Uncategorized, Unfair Labor Practices

The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was confronted with a situation where an employee-union adherent engaged in behavior ultimately found to be inappropriate and unprotected. The employer, a … Continue Reading

NNU Ebola “Day of Action” Slated for November 12, 2014

By Scott Faust on November 11, 2014 Posted in Ebola, Healthcare Employers, Strikes

Registered nurses in 16 states and the District of Columbia are planning a national “Day of Action” by engaging in strikes, picketing, leafleting, rallies, and candlelight vigils on Wednesday, November 12, in support of demands by National Nurses United (“NNU”) for tougher Ebola safety precautions in the nation’s hospitals. As we reported previously, NNU has … Continue Reading

Ebola and Potential Labor Relations Issues

By Scott Faust on October 19, 2014 Posted in Collective Bargaining, Healthcare Employers, Non-Union employers, Protected activity, Strikes

The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers. We recently provided guidance to help employers ensure employee safety while also complying with legal obligations under the Americans with Disabilities Act and similar laws. In addition, the Occupational Health & Safety Administration (OSHA) recently released a comprehensive summary of … Continue Reading

NLRB: Employee’s Outburst In Calling Manager “Trouble” Not So Egregious As To Render Conduct Unprotected

By Mark Theodore on June 29, 2013 Posted in Due Process, Healthcare Employers, NLRA, NLRB, Non-Union employers, Protected activity, Section 7, Section 8(a)(1), Uncategorized, Workplace Investigations

A theme we have followed here with interest is protected concerted activity, and what kinds of conduct might render otherwise protected activity “unprotected.” We noted, for instance, that the Board recently held that an employee’s use of derogatory gender-based comments may not not render a protected outburst “unprotected,” even if the EEOC and the myriad State … Continue Reading

Blizzard begins: NLRB Adopts Micro Union Standard

By Mark Theodore on August 30, 2011 Posted in Bargaining units, Healthcare Employers, NLRA, NLRB, Representation Elections, Section 9(b), Section 9(c)(5)

As previously discussed, the impending departure of Chairman Liebman, as well as the coming of the end of the NLRB’s fiscal year, made it highly likely we would see some significant decisions issued by the agency. Chairman Liebman departed after fourteen years on Saturday, but not before having one last word about her critics. The New York Times’ Steven Greenhouse captured perfectly a … Continue Reading

The Lull Before The Storm: Blizzard Of NLRB Activity Coming

By Mark Theodore on July 29, 2011 Posted in Bargaining units, Duty to furnish information, Healthcare Employers, NLRA, NLRB, Protected activity, Rulemaking, Section 7, Section 8(a)(1), Section 9(b), Witness statements

The mid-point of Summer has passed. Although the NLRB has not issued a major decision in several weeks, the agency has not been slacking off this Summer. In a typical year, August and September are the busiest months for the NLRB, because the federal government’s fiscal year ends September 30. During the final weeks of the … Continue Reading

NLRB to Healthcare Employers Facing a Strike: You Can Ask, But Employees Don’t Have to Tell

By Scott Faust on July 6, 2011 Posted in Employer policies, Healthcare Employers, Protected activity, Section 8(g), Strikes

In a 2-1 decision issued on June 30, 2011, the NLRB clarified the interplay of the statutory notice requirements of NLRA Section 8(g) with a health care employer’s right to poll individual employees’ intention to report to work during a strike and the employer’s right to enforce neutral work rules requiring patient care employees to … Continue Reading