Word: nlrb
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Malin's 11 NLRB cases epitomize a growing number of instances in which workers use provisions of the National Labor Relations Act (NLRA) to attempt to guarantee employee rights...
After Malin filed his first charges with the NLRB, the hospital felt moved to reinstate him. He withdrew the charges against McLean in return for regaining employment and receiving back pay for the five weeks he was suspended. Evidently fearing Malin's ability to rally support among the workers in his unit, the hospital reassigned him to the adult section, which is separate from the Children's Center. By now, Malin had immersed himself in an independent study of labor law; he knew he had the legal right to seek reinstatement in his original job. More charges were filed with...
...wrote a 100-page report to the hospital accreditation commission detailing inadequacies in working conditions. A month after submitting this report, Malin was placed on warning by the hospital, which threatened him with dismissal for failing to report a broken fire extinguisher. In response, Malin filed his third NLRB charge, and the NLRB issued a complaint against the hospital. Before the case came to trial, McLean settled with the government, withdrawing the warning from Malin's record...
McLean took issue with Malin's refusal to answer questions--without first consulting a lawyer--about his visit to McLean with an NLRB attorney 54 days earlier. He had brought the Labor Board representative to see the physical set-up of the hospital in preparation for an upcoming trial. This trial was based on NLRB charges Malin had filed from September 1977 to January 1978 against the hospital. According to labor law, a worker has a right to have a witness at an interview with an employer when he has a reasonable apprehension that disciplinary action may follow...
...pursuing the case. Furthermore, the co-workers in these circumstances are naturally reluctant to speak out about their working conditions for fear they will lose their jobs. But according to Howard M. Kowal '35, who prosecuted many labor cases as Boston's former New England Regional Attorney for the NLRB, the court injunctions providing reinstatement are almost impossible to obtain. Only in a "tremendous case" when workers' rights are blatantly violated and a large group dismissed, is there hope. Without an injunction, the reinstatement process usually takes more than two years...