New York University Medical Center and Association of Staff Psychiatrists, Bellevue Psychiatric Hospital
National Labor Relations Board
324 N.L.R.B. No. 139 (1997)
The Association of Staff Psychiatrists (Association) (plaintiff), a labor organization representing psychiatrists whom New York University Medical Center (NYUMC) (defendant) supplied to Bellevue Psychiatric Hospital, protested when NYUMC's director, Dr. Trujillo, announced that budget constraints required longer hours or reduced pay. In response to the protests, NYUMC reorganized the department and terminated ten psychiatrists, including six who were Association executive members, and Trujillo warned of further penalties against opponents of the new schedule; NYUMC claimed its statements were merely warnings about further budget-driven layoffs, not threats tied to the protests. The six terminated Association members (plaintiffs) filed unfair labor practice charges with the NLRB.
Whether clear evidence of an employer's animus toward employees' protected concerted protest activity shifts the burden to the employer to prove it would have terminated the employees regardless of that activity.