1st Circuit affirms labor law protections for nonunion employee

A Maine hospital violated federal labor law when it fired an employee for publishing an op-ed in the local paper criticizing the employer, the U.S. 1st Circuit Court of Appeals (which covers Maine employers) recently decided, affirming a National Labor Relations Board (NLRB) ruling. The case serves as a reminder that even nonunion members may have protection under the National Labor Relations Act (NLRA) in certain situations. It also highlights some of the challenges with addressing employee conduct outside of the workplace.

Facts

Karen-Jo Young worked as an activities coordinator in the rehabilitation section at Maine Coast Memorial Hospital (MCMH) in Ellsworth. Although she wasn’t a union member, she became aware of concerns the nurses’ union had with management about hospital staffing. Nurses had recently organized a protest and submitted a petition to management demanding certain changes be made to their contract and to address understaffing.

Young also read about the labor disputes in the local newspaper, The Ellsworth American. She published her own op-ed in the paper, which