Steven M. Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm’s New York office, was quoted in Bloomberg BNA’s Health Law Reporter, in “Community Health Systems Loses in Effort to Avoid NLRB’s Award of Union’s Expenses,” by Peyton M. Sturges.
Following is an excerpt:
The decision showcases the NLRB’s new-found willingness to utilize expense reimbursement, front pay awards and other enhanced remedies that were used only sparingly in the past, Steven M. Swirsky, with Epstein Becker & Green PC, New York, said. ‘‘The court’s decision is a big deal because the D.C. Circuit is respected by the other federal appeals courts and because it paves the way for the board to include these remedies more routinely and with greater frequency in future cases,’’ he said.
The implications for health-care employers also are substantial because the case involved the closure of an acute care facility, an event that will repeat itself as the health-care industry continues to reorganize in response to the Affordable Care Act, and because the health-care employers are a focus of union organizing efforts, Swirsky said. ‘‘Health care is certainly one of the industries with the highest level of union representation and the greatest degree of organizing activity, so this ruling will definitely reverberate there,’’ he said.