Payback: Courts strike at NLRB … and the NLRB strikes right back

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in Employment Law,Human Resources

by David E. Prager and Daniel Bernstein, Esq., Bond, Schoeneck & King

The National Labor Relations Board (NLRB) has been stung several times in recent months, but continues to sting back. First, a federal appeals court ruled that several board members had been illegally appointed. Then an NLRB decision favoring striking health care workers was overturned.

Regaining its footing, the NLRB decided to punish a nonunion em­­ployer for discouraging unionization in its handbook.

Court OKs firing strikers

Citing “unprotected, indefensible conduct” that “created a reasonably foreseeable danger” to patients, the 2nd Circuit Court of Appeals rebuked the NLRB by upholding a home care employer’s refusal to reinstate strikers who “misled the employer” by falsely stating that they intended to report to work. (NLRB v. Special Touch Home Care Services, Inc.)

In 2003, the Service Employees International Union announced a three-day strike, af...(register to read more)

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