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The National Labor Relations Act › Hospitals

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Fisher Phillips

Top Workplace Law Stories You May Have Missed from May 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Robinson+Cole Health Law Diagnosis

Recent NLRB Decision Requires Union Access to Parts of Asset Purchase Agreement

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In a recent decision, the National Labor Relations Board (NLRB) determined that a hospital violated its duty to bargain when it failed to provide the union representing some of its workers with certain documents related to...more

Akerman LLP - Health Law Rx

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

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Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more

Littler

Aggressive vs. Bad Faith Bargaining: Where is the Line?

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The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

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As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

Franczek P.C.

No Solicitation: NLRB Decision Allows Employers to Prohibit Union Solicitation in the Workplace

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On June 14, 2019, the National Labor Relations Board (the “Board”) overturned its long-standing ‘public spaces’ exception that allowed nonemployee union representatives access to employer-owned public spaces so long as those...more

Sheppard Mullin Richter & Hampton LLP

California Superior Court Judge Orders Department of Public Health to Make Names and Personal Home Addresses of Approximately...

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A California Superior Court judge recently issued an order granting the Service Employees International Union’s (“SEIU”) petition for writ of mandate under the California Public Records Act (“CPRA”) and ordered the California...more

Husch Blackwell LLP

NLRB Prohibits Hospital From Banning Union Pins Or Badges

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The National Labor Relations Board (the “Board”) recently held that a California hospital illegally maintained a dress code policy that effectively prohibited employees from wearing pins and badge reels with union insignia. ...more

McGuireWoods LLP

NLRB Voids Hospital ID Policy that Bans Union Insignia Without Regard to Patient Visibility

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In Long Beach Memorial Medical Center, Inc., 366 NLRB No. 66 (April 20, 2018), the Board ruled that the hospital employer’s prohibition of non-approved pins and badges was unlawfully overbroad. As a general rule, employees...more

Davis Wright Tremaine LLP

Last Gasp for Narrow Rules Review? NLRB Holds Hospital Badge Policy Unlawfully Prevented Employees From Wearing Union Insignia

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Long Beach Memorial Medical Center (called “MHS”), an acute care hospital, had a policy for direct care providers that stated “[identification] badge reels may only be branded with [MHS] approved logos or text.” A 2-1...more

Fisher Phillips

Healthcare Employers Rejoice? Recent Shift In NLRB Decisions Impacts The Industry

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A new Republican majority took hold over the National Labor Relations Board (NLRB) at the end of 2017, leading to several significant labor decisions. Because the NLRB’s decisions and actions impact all industries, healthcare...more

Jackson Lewis P.C.

No Weingarten Rights For Nurses In Peer Review Proceeding, Federal Appeals Court Rules

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Nurses had no right to union representation in their hospital employer’s peer review committee proceedings, the Court of Appeals for the District of Columbia Circuit has ruled. Midwest Division – MMC, LLC, dba Menorah Medical...more

Faegre Drinker Biddle & Reath LLP

Sometimes It’s Not What You Say But How You Say It

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A recent First Circuit opinion demonstrates that sometimes how you say something is more important that what you say. In fact, that principle led the court to reverse the NLRB’s order that a Massachusetts hospital must...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

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Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Littler

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

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In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Franczek P.C.

NLRB Permits Off-Duty Employees to Picket on Employer Property

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An employer’s ability to prohibit picketing on its property was dealt a serious blow when the National Labor Relations Board (NLRB) recently ruled in Capital Medical Center that an acute care hospital violated Section 8(a)(1)...more

Seyfarth Shaw LLP

Get Off My Lawn (Or Gurney): Off Duty Employees Allowed To Picket on Hospital Employer’s Property

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Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance. After the collective bargaining agreement between acute...more

Ruder Ware

Collegiality in the Workplace – Not Authorized by NLRB

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Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees. Many employers have taken this desire to heart by publishing rules that encourage collegiality...more

Baker Donelson

NLRB Slams Hospital for Maintaining Work Rules Prohibiting Employees From Engaging in "Improper Conduct"

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Over the past several years, employers have been bombarded with news about the National Labor Relations Board (NLRB) and its ever expanding control over employers’ internal workplace policies. In fact, just a few years ago,...more

Seyfarth Shaw LLP

Another Day, Another Violation: Board Targets Hospital’s Work Rules Prohibiting Offensive Conduct

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Seyfarth Synopsis: Board panel finds hospital’s work rule prohibiting employees from engaging in offensive conduct to be unlawful. In Valley Health System, LLC d/b/a Spring Valley Hosp. Med. Ctr., 363 NLRB No. 178 (May...more

Parker Poe Adams & Bernstein LLP

NLRB Rejects General Employee Behavior Standards in Code of Conduct

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The National Labor Relations Board continues its assault on employer handbooks and other policies it considers to impede employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. Last month, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

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In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

Spilman Thomas & Battle, PLLC

Update: The NLRB and Single Integrated Employers

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In October, the National Labor Relations Board (“NLRB” or “Board”) employed a little-used procedural doctrine to issue a consolidated complaint against a parent company of a chain of hospitals located throughout the U.S. The...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - September / October 2015

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Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

Polsinelli

NLRB: Peer Review Obligations Trumped by NLRA

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On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more

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