Case: Labor Relations/Discrimination (N.L.R.B.)

The National Labor Relations Board reversed an administrative law judge’s decision that a New York hospital used pretextual reasons to fire an employee because of her union support. The majority opinion stated that the hospital met its burden under Wright Line to prove it would have terminated a radiology technician regardless of her role in the hospital’s organizing drive because of the violations of patient privacy laws she was found to have committed. The dissent argued that the hospital’s investigation into the technician’s conduct ignored “easily obtainable evidence that could have served to refute the charge.”