The NLRA guarantees all employees a legal right "to engage in concerted activities for the purpose of collective bargaining or for other mutual aid or protection [emphasis added]." If an employee chooses to act through a bargaining representative, that right to do so is protected under the NLRA.Employees can also represent their own interests by collective action, without union intervention: This is commonly known as the doctrine of protected concerted activity.The hospital decided not to grant exemptions and terminated the workers when they refused to change their minds.For the hospital, maintaining a healthy work environment was critical.Unless some development occurs to reverse this trend, government will continue to transform the basic nature of the employment relationship from one of employer-employee to "social partners" through the passage of new occupational and employment laws.
The source of change is at the state level only and the exceptions to the at-will doctrine vary from jurisdiction to jurisdiction.These court decisions are commonly known as "wrongful discharge" cases and can be divided into two broad categories.The first category involves "public policy/retaliatory discharge cases," where employers have been held liable for employee discharges that violate a clearly defined public policy—such as employer retaliation against employees for filing a worker's compensation claim, "whistle blowing," or refusing to perform unethical or unsafe activities on the employer's behalf."IU Health's top priority is the health and well-being of our patients," the hospital announced in a press release."As a trusted leader in caring for people and advancing health, we are responsible for delivering the best care in the safest environment.