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363 N.L.R.B. 1543; 2016 NLRB LEXIS 282; 206 L.R.R.M. 1053; 2016-17 NLRB Dec. (CCH) P16,130; 363 NLRB No. 162

363 N.L.R.B. 1543; 2016 NLRB LEXIS 282; 206 L.R.R.M. 1053; 2016-17 NLRB Dec. (CCH) P16,130; 363 NLRB No. 162

National Labor Relations Board

April 13, 2016

Case 07-CA-093885

Opinion

 [*1543]  DECISION AND ORDER

BY MEMBERS MISCIMARRA, HIROZAWA, AND MCFERRAN

On January 30, 2014, Administrative Law Judge Susan A. Flynn issued the attached decision. The General Counsel filed exceptions and a supporting brief, the Respondent filed an answering brief, and the General Counsel filed a reply brief.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions and briefs, and has decided to affirm the judge's rulings, findings, 1 and conclusions 2 as modified below, and to adopt the recommended [**2]  Order as modified and set forth in full below. 3 

 [**3]   [**4]  

The complaint alleges that the Respondent's "Code of Conduct for Surgical Services and Perianesthesia," as maintained and distributed to employees, was unlawful in its entirety. The Code reads in relevant part:

It is the intention of Beaumont Hospitals to foster effective working relationships among all hospital employees and physicians in order to provide and maintain high quality and safe patient care. Such relationships must be based upon mutual respect to avoid disruption of patient care or to hospital operations.

It is the expectation of hospital management that employees and physicians promote and maintain a professional environment in which all individuals are treated with dignity and respect.

Conduct on the part of a Beaumont employee or physician that is inappropriate or detrimental to patient [**5]  care of [sic] Hospital operation or that impedes harmonious interactions and relationships will not be tolerated. Transgressors shall be subject to appropriate remedial or corrective action.

Improper conduct or inappropriate behavior or defiance in the following example [sic], which includes but not limited [sic] to the following: 4

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363 N.L.R.B. 1543 *; 2016 NLRB LEXIS 282 **; 206 L.R.R.M. 1053; 2016-17 NLRB Dec. (CCH) P16,130; 363 NLRB No. 162

William Beaumont Hospital and Jeri Antilla.

Prior History:

 William Beaumont Hosp., 2014 NLRB LEXIS 77 (N.L.R.B., Jan. 30, 2014)

Notice: [**1] 

 

NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes.

CORE TERMS

employees, nurses, rights, termination, colleague, work rule, construe, staff, patients, comments, handbook, intimidating, bullying, provisions, harmonious, interactions, reasons, workplace, policies, concerted activity, facially neutral, discipline, notice, decisions, midnight, prohibits, Hotel, discharges, balancing, grievance