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ARTICLE · 01 JUNE 2017

Union Adherent's Antics Not Protected By Act, NLRB Rules

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The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous.

United StatesEmployment and HR
Mark Theodore
Mark Theodore
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The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous.  In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was confronted with a situation where an employee-union adherent engaged in behavior ultimately found to be inappropriate and unprotected.

The employer, a hospital treatment center for patients with severe emotional and mental problems, recognized a nurses' union as representative of registered nurses at the facility ("Union").  The mental health technicians working at employer's facility were represented by Teamsters.  There was an attempt by the Union to raid the Teamsters unit and cause the technicians to change representation; this attempt was led by a registered nurse.  These kinds of efforts can cause a great deal of friction in a workplace because the employer has legal obligations to both unions.

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