Under the protections of the National Labor Relations Act (NLRA), employees have the right to engage in union activities, including organizing and participating in collective bargaining. It is unlawful, and an unfair labor practice (ULP), for an employer to interfere with, restrain, or coerce employees in the exercise of these rights.
In a recent National Labor Relations Board (NLRB) decision, South Nassau Communities Hospital d/b/a Mount Sinai South Nassau, N.L.R.B. A.L.J., Case 29-CA-312425 (March 5, 2024), an administrative law judge determined that an employer violated the NLRA by engaging in several prohibited actions, including interrogation, threats, and failure to transfer an employee to a registered nurse (RN) position because she engaged in union activity.
The employee was informed by her supervisor on multiple occasions about an available RN position she could transfer to. The judge in the case found that the opportunity was retracted because of the employee’s involvement in union activities. The judge concluded that the employee’s supervisor unlawfully interrogated the employee by asking her whether she handed out union flyers and authorization cards, contacted the union, and gave the names and numbers of employees to union organizers.
The judge also determined that the employee was unlawfully threatened for her union activities. Specifically, the employee was directed to cooperate with and support the employer rather than the union and faced additional discipline, up to and including termination, if she refused to comply. The employer ultimately terminated her employment. The employer defended its actions by claiming that the employee was a supervisory employee and, thus, precluded from the protections of the NLRA. The judge concluded that the employee was not a supervisory employee.
As a result of the employer’s unlawful activity, the judge ordered that the employee be reinstated to her previous position or the RN position, whichever she elected. The employer was also ordered to pay the employee backpay, expunge any related disciplinary action from her personnel file, and post a notice in the workplace acknowledging that they committed a ULP.
This case serves as a significant reminder of the legal boundaries outlined in the NLRA and the repercussions for employers that violate them during union organizing efforts within their workplaces. To assist employers in navigating these complexities and ensuring compliance, Employers Council offers union-avoidance training, crafts responses to union organizing drives, assists with anti-union campaigns aimed at preserving union-free status, union election consulting and advice, and representation before the NLRB on ULP charges, election challenges, and other dispute resolution. Contact us at info@employerscouncil.org.