The Second Circuit said that the employer's rule on notification of employee absence was trumped by the union's providing the requisite advance notice for the strike, but employees who had affirmatively represented they would be working during the strike placed patients in "foreseeable imminent danger."
February 28, 2013 at 12:00 AM
1 minute read
A home health care business did not violate federal labor law when it did not immediately reinstate striking workers who failed to show up to their patients’ homes, the U.S. Court of Appeals for the Second Circuit ruled yesterday.
Rejecting an application by the National Labor Relations Board, the circuit said that Special Touch Home Care Services did not violate the law because 48 employees went back on their avowed intention to visit patients during a strike.
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