∙ Employer’s Rule on Off-Duty Workers’ Access to Facility Violated NLRA

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The issue in the case was whether or not Sodexo America LLC and USC University Hospital violated Section 8(a)(1) of the Act by maintaining a rule that permits off-duty employees to enter the Hospital only if they are visiting patients, are patients themselves, or are conducting “hospital-related business.” An NLRB administrative law judge concluded that there was no violation and dismissed the complaint, however, the full Board reversed that decision. Respondent USC University Hospital operates a large acute-care hospital in Los Angeles. It subcontracts its cafeteria and food services operations to Sodexo. The Hospital maintains a no-access policy covering off-duty employees, which states: Off-duty employees are not allowed to enter or re-enter the interior of the Hospital or any other work area outside the Hospital except to visit a patient, receive medical treatment or to conduct hospital-related business. 1. An off-duty employee is defined as an employee who has completed his/her assigned shift. 2. Hospital-related business is defined as the pursuit of the employee’s normal duties or duties as specifically directed by management. 3. Any employee who violates this policy will be subject to disciplinary action. Read the full decision: Seyfarth.com Yes, showing the NLRB logo as tilted 90° to the left is intentional.

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