In Marina Del Ray Hospital, 31-CA-029929 (Oct. 22, 2015), the NLRB upheld a hospital's off-duty access policy as lawful on its face, but then concluded that the hospital applied the policy in a discriminatory manner by permitting social events while barring meetings with union representatives. Relying upon Tri-County Medical Center, 222 NLRB 1089 (1976), the NLRB confirmed that employers may maintain off-duty employee access policies so long as they are "limited to the interior of the facility, clearly disseminated to all employees, and apply to off-duty access for all purposes, not just union activity." In the case at hand, the hospital’s policy restricted off-duty employees from entering the hospital except for visiting a patient, receiving medical treatment, or hospital-related business as follows:
- Off-duty employees may access the Hospital only as expressly authorized by this policy. An off-duty employee is any employee who has completed or not yet commenced his/her shift.
- An off-duty employee is not allowed to enter or re-enter the interior of the Hospital or any Hospital work area, except to visit a patient, receive medical treatment, or conduct hospital-related business. “Hospital related-business” is defined as the pursuit of an employee’s normal duties or duties as specifically directed by management.
- An off-duty employee may have access to non-working, exterior areas of the Hospital, including exterior building entry and exit areas and parking lots.
- Any employee who violates this Policy will be subject to disciplinary action up to and including termination.