Foreshadowing the next four years, on August 12, 2021 the NLRB’s new General Counsel Jennifer Abruzzo released her own doctrinal “wish list” in Memorandum GC 21-04. The list detailed an exhaustive list of cases and issues that Abruzzo mandate go through her office “to determine whether current law ensures that employees have the right
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. The hospital’s policy at issue required that “[o]nly [employer] approved pins, badges, and professional certifications may be worn.” In addition, employees were only permitted to wear identification badge reels with “approved logos or text.”…
Continue Reading NLRB Prohibits Hospital from Banning Union Pins or Badges
Mere months after the Kindred Healthcare decision enforcing an arbitration agreement between a nursing home and holders of a late resident’s power-of-attorney, the U.S. Supreme Court heard argument in another case that healthcare employers will want to watch. The Court’s decision in Epic Systems Corp. v. Lewis will determine the enforceability of arbitration agreements that…
While union organizing is decreasing in so many other parts of the economy, the healthcare industry remains a target. The Service Employees International Union in particular continues in its efforts to organize healthcare facilities throughout the United States. A recent settlement agreement through the NLRB between the University of Pittsburgh Medical Center and the Service…
In a 2-1 decision in Sodexo America LLC, the National Labor Relations Board (NLRB) held recently that the University of Southern California hospital violated Section 8(a)(1) of the National Labor Relations Act by maintaining and enforcing a rule that limited off-duty employee access to the workplace, except for specific purposes.
The policy at issue provided that:
- Off-duty employees are not allowed to enter or re-enter the interior of the hospital or any other work area outside the hospital except to visit a patient, receive medical treatment or to conduct hospital-related business.
- An off-duty employee is defined as an employee who has completed his/her assigned shift.
- Hospital-related business is defined as the pursuit of the employee’s normal duties or duties as specifically directed by management.
- Any employee who violates this policy will be subject to disciplinary action.