loader
Page is loading...
generic_insight_detail

Court Of Appeals Reverses NLRB, Finds Hospital’s Nonunion Hiring Preference Policy Is Lawful


On Jan. 20, the First Circuit Court of Appeals vacated a National Labor Relations Board (NLRB) decision that found a hospital’s hiring preference policy applicable to its nonunion employees to be unlawful. The hospital at issue had both union and nonunion sites. At a union site, there was a collective bargaining agreement (CBA) that contained a provision giving preference to bargaining unit members for hiring or transferring into positions covered by the CBA. That is, union-represented employees at that hospital received preference over nonunion employees for open positions at that facility. In light of the fact union members received preferential treatment at the unionized hospital pursuant to that CBA clause, the employer instituted a policy for its nonunion sites that gave nonunion employees preference over “external applicants” for hiring or transferring into open positions at its nonunion facilities. The company considered employees from the unionized site to be external applicants. The union challenged the hiring preference policy and argued that it unlawfully discriminated against union employees based on union affiliation. The hospital system countered that it merely was leveling the playing field in light of the fact union employees received a preference at the unionized facility over its nonunion employees. The NLRB originally sided with the union, but the First Circuit disagreed and overturned the NLRB. The court found that the employer’s desire to treat its union and nonunion employees “even-handedly” negated an inference that the policy was motivated by union animus. This is a very interesting case, but employers should be cautious when implementing a hiring preference policy similar to the one at issue here. In order to justify such a policy, facts similar to those in this case likely need to be present. A copy of the decision can be found here.


RELATED ARTICLES

Full Steam Ahead, At Least In Part, for Union Election Rule Changes

June 3, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Federal Judge Strikes Down NLRB Election Rule

June 1, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Catch-22? Company’s Scrutiny of Immigration Documents Deemed Unlawful

May 27, 2020 | Labor Relations, National Labor Relations Board, Union Organizing

NLRB Nixes Telephonic Pre-Election Hearing, Orders Remote Video Hearing Instead

May 15, 2020 | Labor Relations, National Labor Relations Board

Union Elections and Employer Considerations During Social Distancing

April 21, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership, Union Organizing

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
collective bargaining agreement
NLRB
nonunion employees
nonunion employees
union site
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.