NLRB Wrongly Awarded Nurses Back Pay, DC Circ. Hears

Law360, Washington (February 3, 2012, 1:52 PM EST) -- The National Labor Relations Board cannot award back pay to four nurses who it found were illegally transferred to new positions because they were lawfully discharged from their positions, a nursing association told the D.C. Circuit on Friday.

The case arises from an NLRB order finding Essex Valley Visiting Nurses Association committed an unfair labor practice when it unilaterally transferred the four nurses from the administrative in-house positions of utilization management nurse to field nurse positions without bargaining with their union.

The board erred in affirming...
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