Sacred Heart is an acute care hospital in Spokane, Washington. The Washington State Nurses Association (WSNA) is

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Sacred Heart is an acute care hospital in Spokane, Washington. The Washington State Nurses Association (WSNA) is a union that represents approximately 1,200 registered nurses employed at Sacred Heart. In the fall of 2003, WSNA and Sacred Heart began negotiations for a new collective bargaining agreement (CBA) to replace the then-existing agreement, set to expire in January 2004. During the negotiations, nurses at Sacred Heart wore a number of union buttons without incident. The buttons read: "Together Everyone Achieves More"; "WSNA SHMC RNs Remember 98"; "Staffing Crisis-Nursing Shortage-Medical Errors-Real Solutions"; and "RNs Demand Safe Staffing." Several months after the nurses began wearing these buttons, the hospital issued a memorandum banning the nurses from wearing the "RNs Demand Safe Staffing" buttons. The hospital stated that it was concerned about the potential for patients to interpret buttons incorrectly and fear that they would receive inadequate treatment. The hospital claimed that its ban was designed to minimize or eliminate the negative impact on patients. Shortly after the memorandum was issued, WSNA filed an unfair labor practice charge with the NLRB. There was an evidentiary hearing and the ALJ issued a decision concluding that Sacred Heart had engaged in an unfair labor practice by enforcing the button prohibition. Shortly thereafter, a divided three-member panel of the Board reversed, finding that Sacred Heart had demonstrated that the message would disturb patients. Given your understanding of the NLRA, did Sacred Heart commit an unfair labor practice? Why or why not? Washington State Nurses Association v. NLRB, 526 F.3d 577 (8th Cir. 2008).

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The Legal Environment of Business A Critical Thinking Approach

ISBN: 978-0132664844

6th Edition

Authors: Nancy K Kubasek, Bartley A Brennan, M Neil Browne

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