CHA believes that patients, employees, hospitals/health systems
and the public are best served when management and employees work
directly with each other. If employees of an organization vote to
be represented by a third party in a lawful election, it is the
responsibility of management to work with the elected
representative in accordance with applicable laws.
While federal law generally governs labor relations of private
employers, state law may touch on some issues, such as property
rights. For public employers, California state law takes
precedence. Thus, it is important to keep abreast of developments
on both state and federal levels to ensure compliance.
Earlier this week the U.S. Court of Appeals for the District of
Columbia Circuit ruled that the National Labor Relations Board’s
(NLRB) requirement that employers post a notice of workers’
rights is a violation of employer free speech rights. In the case
of National Association of Manufacturers v. NLRB, the
court ruled that the NLRB had “no authority to make a blanket
advance determination that a failure to post will always
constitute an unfair labor practice,” finding that the First
Amendment essentially protects the right of employers
not to speak. While the ruling is seen as a victory for
employers, the NLRB has the option to appeal the case to be
reheard by the full District of Columbia Circuit or to petition
the U.S. Supreme Court for consideration.
On August 18, the Acting General Counsel for the National Labor
Relations Board issued a report summarizing several social media
cases handled by the Board in the past year. The report
presents recent case developments arising in the context of
today’s social media. Social media include various online
technology tools that enable people to communicate easily via the
internet to share information and resources.