NLRB Continues To Challenge Work Rules In The Healthcare Industry

Seyfarth synopsis:  Given the recent activity of the National Labor Relations Board (NLRB)  in challenging work rules and policies of union and non-union employers alike, those in the senior care industry should take note of a recent decision involving overly broad work rules.

 

A 2-1 NLRB panel recently declared several work rules of a Michigan hospital to be unlawful because employees might reasonably construe the rules to prohibit expressions of concerns over working conditions. The case arose in the context of determining whether the hospital acted lawfully in firing two nurses for bullying behavior following an internal investigation into a patient care issue that included the death of a newborn. Although the Board upheld the terminations as lawful, it found certain work rules unlawful, including a rule prohibiting conduct that “impedes harmonious interactions and relationships,” as well as a rule prohibiting “negative or disparaging comments” about the professional capabilities of an employee or physician to employees, physicians, patients, or visitors.

 

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