Orchard Park Health Care Center

341 N.L.R.B. 642 (2004)

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Orchard Park Health Care Center

National Labor Relations Board
341 N.L.R.B. 642 (2004)

  • Written by Tammy Boggs, JD

Facts

Orchard Park Health Care Center (defendant) was a nursing home in New York that did not have air conditioning. One day in July during a heat wave, four residents were sent to a hospital with dehydration. One nurse observed patients suffering from symptoms consistent with overheating. There was no bottled water for the staff. After some nurses discussed the miserable heat, two nurses (plaintiffs) decided to call a state patient-care hotline to report the conditions. The nurse who spoke to the hotline responder falsely identified herself as a relative of a resident. The nurses later testified that their sole concern in calling the hotline was the patients and that they had not called to change their own working conditions. The National Labor Relations Board (the board) was called on to decide whether the nurses’ complaint constituted protected activity under the National Labor Relations Act.

Rule of Law

Issue

Holding and Reasoning (No information provided)

Dissent (No information provided)

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