Although supervisors generally are not covered by the National Labor Relations Act (NLRA), which protects “employees” from unfair labor practices, that Act is deemed to have been violated if a supervisor’s discharge results from his refusal to commit an unfair labor practice. Recently, the 6th U.S. Circuit Court of Appeals upheld the dismissal of a
Under proposed NLRB rule, all employers must post a notice of employees’ right to unionize and to strike.
By Maria Danaher on
Posted in NLRA
The National Labor Relations Act (NLRA) is one of the few federal employment/labor laws which does not include a specific provision requiring employers to post a notice related to employee rights under that law. That may be about to change. On December 21, 2010, the National Labor Relations Board (NLRB) issued a Notice of Proposed…
Firing of non-union healthcare workers for joining union picketing violated NLRA, even though union’s picketing was illegal.
By Maria Danaher on
Posted in NLRA
The National Labor Relations Board has issued an order accepting as “the law of the case” a 2009 decision by the 2d U.S. Circuit Court of Appeals in which, drawing a distinction between picketing and striking, that Court held that a New York health clinic unlawfully fired five employees for joining a picket line, even…
Facebook posts might be viewed by NLRB as “concerted activity”
By Maria Danaher on
Posted in NLRA
Section 7 of the National Labor Relations Act (NLRA) restricts employers’ attempts to interfere with employees’ efforts to work together to improve the terms and conditions of their workplace and employment. The National Labor Relations Board (NLRB) regularly has held that an employer’s actions violate Section 7 if those actions would “reasonably tend to chill…
Firing of non-union healthcare workers for picketing was illegal.
By Maria Danaher on
Posted in Health Law, NLRA
Drawing a distinction between picketing and striking, the 2d U.S. Circuit Court of Appeals has held that a New York health clinic unlawfully fired five employees for joining a picket line, even though the picketing itself was an unfair labor practice by the union. Civil Serv. Employees Assn. Local 1000 v. NLRB, 2d Circ., No.
Employer cannot withdraw recognition of union during protected certification year
By Marla Presley on
Posted in NLRA
The 9th U.S. Circuit Court of appeals has held a Washington state medical center in violation of federal labor law for withdrawing recognition of a union during a protected certification period. Virginia Mason Medical Center v. NLRB, 9th Circ., No. 07-73851, Feb. 25, 2009.
Once a labor union is certified as the exclusive bargaining…