Arbitration Awards in the Health Care Industry

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In this article the author examines the interrelationships of contractual and statutory arrangements for resolving health care employee disputes. The author reviews arbitration decisions rendered in the health care industry. The comparison is made between the National Labor Relations Board (NLRB) decisions and arbitral decisions. Section 8(a)3 of the National Labor Relation Act involves the issue of discrimination as defined by the Act. Examples of discriminatory actions under this section include, discharging an employee for urging other employees to join a union; granting superseniority to workers hired to replace employees engaged in a lawful strike; demoting employees because they circulated a union petition requesting an increase in pay; refusing to hire qualified applicants for jobs due to union membership; disciplining an employee because of union status. Section 8(b)3 makes it an unfair labor practice for a union to cause an employer to discriminate against an employee in violation of section 8(a).

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