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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Proven way to win shaky bias suits: Be specific about reasons for discharge
- Spirit of anti-Harassment policy more important than details
- It's good faith that matters: Minnesota whistle-blowers don't have to be right
- The Dirty Dozen: Manager mistakes that spark lawsuits