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By: James S. Frank and D. Martin Stanberry (Admission Pending)
On August 23, 2011, the National Labor Relations Board (“Board”) ruled that a hospital whose nurses are represented by a union does not have the authority to unilaterally implement an employee flu vaccination program because, in the Board’s view, ensuring patient safety is not a core purpose of the enterprise. Virginia Mason Hospital, 357 N.L.R.B. No. 53 (August 23, 2011). Specifically, the Board rejected the employer’s reliance on what is known as the “Peerless defense,” and held that the National Labor ...
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