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National Labor Relations Board › Unions › Hospitals

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    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

Robinson+Cole Health Law Diagnosis on

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

Fisher Phillips

Snapshot on Healthcare Industry: April 2022

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Welcome to our latest Healthcare Snapshot, where we take a quick look at some of the most pressing issues facing employers in the industry. Even though COVID-19 numbers are generally trending in a positive direction,...more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...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

Husch Blackwell LLP

Micro-Units Are Back In Healthcare Union Organizing

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Hospitals and non-acute care settings beware: Micro-Units are about to make their way back into Healthcare Union organizing. Over the coming months, we can expect to see many significant changes to labor issues affecting...more

Kelley Drye & Warren LLP

NLRB Approves Video Hearing For Nurses Against Hospital’s Opposition – But It’s Not All Bad…

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In an August 13 decision the National Labor Relations Board upheld an administrative law judge’s decision denying William Beaumont Hospital’s motion for an in-person hearing for an unfair labor practice charge. The charge was...more

Cozen O'Connor

Access to Public Space on an Employer’s Property by Non-Employee Union Organizers: A New Rule

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In University of Pittsburgh Medical Center (UPMC), a 3 to 1 majority of the National Labor Relations Board overturned nearly four decades of precedent that held that non-employee union organizers cannot be denied access to...more

Franczek P.C.

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

Franczek P.C. on

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

FordHarrison

NLRB Provides Hospitals and Other Employers Greater Control over their Private Property Available to the Public

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In a 3-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) recently ruled that employers may prohibit nonemployee union representatives from soliciting or promoting union membership within common areas of...more

Fisher Phillips

Labor Board Grants Employers Greater Rights To Limit Union Activity On Premises

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The National Labor Relations Board issued a decision on Friday reversing 37 years of precedent and thereby granting employers greater rights to limit union activity on their premises. Under the “public space” exception,...more

Polsinelli

NLRB Finds Hospital’s Solicitation And Distribution Policy Unlawful

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Recently, a 3-member panel of the National Labor Relations Board (“NLRB” or “Board”) ruled that the University of Pittsburgh Medical Center (“UPMC”) unlawfully prohibited off-duty employees from distributing literature in...more

Roetzel & Andress

The Humpty Dumpty Defense Does Not Work For Hospital In Union Organizing Campaign: The Importance Of Carefully Drafting A...

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“When I use a word,” Humpty Dumpty said, in a rather scornful tone, “It means just what I choose it to mean – neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different...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

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

Robinson+Cole Health Law Diagnosis

No Right to Union Representation for Non-Mandatory Participation in Peer Review Proceedings – DC Circuit Court Overrules NLRB

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Most states, including Connecticut and Massachusetts, have laws that allow hospitals and other health care institutions to establish confidential peer review programs to oversee the quality of care provided by their health...more

Proskauer - Labor Relations Update

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

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The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more

Saul Ewing LLP

Court Rules Weingarten Rights Applicable Only to Mandatory Meetings

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In 1975, the U.S. Supreme Court in the case NLRB v. Weingarten, established the rule that union members have the right to have a union representative present at an interview or meeting that could lead to disciplinary action...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

Seyfarth Shaw LLP

Leveling the Playing Field: Hospital’s Nonunion Hiring Preference Not Discriminatory

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Seyfarth Synopsis: The Court of Appeals for the First Circuit reversed the NLRB, holding that the Board lacked substantial evidence to find that the hospital group unfairly preferred nonunion workers when filling nonunion...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

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

You Said It, Now We’re Going to Hold You to It! Hospitals Estopped From Asserting Disqualification Argument.

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In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate. The...more

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