Adam C. Abrahms, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s Los Angeles office, was quoted in the Bloomberg BNA Daily Labor Report, in “Intermittent Strike Tactic Could Get Boost from NLRB,” by Lawrence E. Dubé. (Read the full version – subscription required.)
Following is an excerpt:
But unions already have been aggressive about mounting short-term strikes against hospitals, Abrahms told Bloomberg BNA. Abrahms co-chairs Epstein Becker’s labor-management relationship practice and has advised hospitals and other clients on intermittent strikes.
The general counsel’s proposal would jettison years of precedent in an effort to put a “thumb on the scale” in favor of labor unions at the expense of employers, Abrahms said.
The NLRA requires unions to give notice before striking or picketing hospitals, but some unions have simply paired a strike notice with an unconditional offer that employees will return to work 24 hours after the strike starts. The hospital generally cannot deny reinstatement to employees under such circumstances, and cannot realistically arrange permanent replacements for employees during such a short period, Abrahms said.
See also Mr. Abrahm’s Management Memo blog post “NLRB GC Moves to Permit Disruptive One Day Strikes.”