National Labor Relations Board v. Special Touch Home Care Services

The Board petitioned for enforcement of its decision and order finding that Special Touch violated the National Labor Relations Act, 29 U.S.C. 158(a)(1) and (3), by failing to immediately reinstate striking workers, home health care aides, engaged in protected conduct. The court held that the aides' actions were unprotected because their uncorrected affirmative misrepresentations regarding their plans to strike in response to the pre-strike poll placed 48 of Special Touch's patients in foreseeable imminent danger; the 48 aides engaged in indefensible conduct that was not protected by the NLRA; and Special Touch's failure to immediately reinstate these employees did not violate Section 8(a)(1) or (3). Accordingly, the court denied the petition for enforcement. View "National Labor Relations Board v. Special Touch Home Care Services" on Justia Law