No Bargaining Required Over Hospital's Flu-Prevention Policy

Recently, an administrative law judge (ALJ) found that Virginia Mason Hospital, which has a collective bargaining agreement with the Washington State Nurses Association, did not violate the National Labor Relations Act (NLRA) when – without bargaining with the union – it implemented a flu-prevention policy. The unilaterally-implemented flu-prevention policy required non-immunized nurses to take antiviral medication or to wear facemasks when in contact with patients, visitors and the public.

The ALJ found that because the parties' agreement contained a broadly-worded management rights clause, the union had waived the right to bargain over the issue. If affirmed by the National Labor Relations Board, the ALJ's decision will give hospitals with appropriately-worded management rights clauses in their union contracts leeway to unilaterally implement similar flu-prevention policies.