In a recent decision, the National Labor Relations Board (NLRB) determined that a hospital violated its duty to bargain when it failed to provide the union representing some of its workers with certain documents related to the sale of its parent organization. Specifically, in Crozer Chester Med. Ctr., 371 NLRB No. 129 (2022), the NLRB ordered the hospital to produce portions of an asset purchase agreement (APA) in response to the union’s request for information related to the transaction because the NLRB found these documents “potentially” relevant to the union’s role as bargaining representative of the unit.
Natale Di Natale is a partner focusing his practice on all facets of management-side labor relations and employment law. Mr. Di Natale has been practicing labor and employment law in Connecticut since 1996. Mr. Di Natale has devoted his practice almost exclusively to private sector labor law, including in the health care setting. He has worked with numerous acute care hospitals, skilled nursing facilities, assisted living facilities, and home care service providers. Read his full rc.com bio here.
Most states, including Connecticut and Massachusetts, have laws that allow hospitals and other health care institutions to establish confidential peer review programs to oversee the quality of care provided by their health care professionals without the threat those proceedings will be subject to discovery. Menorah Medical Center (“Menorah”), in Kansas, had such a program for its nurses. The Peer Review Committee (“Committee”) would investigate allegations of substandard care and, if substantiated, report the breach to the Kansas Board of Nursing.
Continue Reading No Right to Union Representation for Non-Mandatory Participation in Peer Review Proceedings – DC Circuit Court Overrules NLRB