News & Analysis as of August 19, 2025

Hospitals

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

ALJ Backs Hospital’s Right to Delay Returning Strikers to Work

Littler on 4/22/2025

An NLRB administrative law judge recently confirmed that a California hospital system had the right to keep replacement workers on the job for the duration of its contractual commitment to a staffing agency even though...more

NLRB Voids Hospital ID Policy that Bans Union Insignia Without Regard to Patient Visibility

McGuireWoods LLP on 5/3/2018

In Long Beach Memorial Medical Center, Inc., 366 NLRB No. 66 (April 20, 2018), the Board ruled that the hospital employer’s prohibition of non-approved pins and badges was unlawfully overbroad. As a general rule, employees...more

Last Gasp for Narrow Rules Review? NLRB Holds Hospital Badge Policy Unlawfully Prevented Employees From Wearing Union Insignia

Davis Wright Tremaine LLP on 4/26/2018

Long Beach Memorial Medical Center (called “MHS”), an acute care hospital, had a policy for direct care providers that stated “[identification] badge reels may only be branded with [MHS] approved logos or text.” A 2-1...more

Healthcare Employers Rejoice? Recent Shift In NLRB Decisions Impacts The Industry

Fisher Phillips on 2/5/2018

A new Republican majority took hold over the National Labor Relations Board (NLRB) at the end of 2017, leading to several significant labor decisions. Because the NLRB’s decisions and actions impact all industries, healthcare...more

NLRB Permits Off-Duty Employees to Picket on Employer Property

Franczek P.C. on 10/7/2016

An employer’s ability to prohibit picketing on its property was dealt a serious blow when the National Labor Relations Board (NLRB) recently ruled in Capital Medical Center that an acute care hospital violated Section 8(a)(1)...more

Healthcare Employers Must Be Consistent When Restricting Union Buttons and Other Insignia

FordHarrison on 6/10/2014

The National Labor Relations Board ("NLRB" or "Board") recently held that a healthcare employer violated the National Labor Relations Act (NLRA) by prohibiting employees from wearing union protest stickers. See HealthBridge...more

Over Hill, Over Dale, the NLRB Pens Another Cautionary Tale: Board Strikes Down Work Rules Prohibiting Negativity and Gossip

Mintz - Employment, Labor & Benefits... on 4/14/2014

The NLRB is back at it, finding last week in Hills and Dales General Hospital, that seemingly innocuous policies prohibiting negativity and gossip in the workplace and requiring employees to represent their employer in a...more

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