Brooklyn Medical Malpractice News

Changing Its Malpractice Insurance For Unit Employees From A Plan Obtained Through A Consortium Of Hospitals

The Respondent filed exceptions and a supporting brief.  The General Counsel and the Charging Party filed answering briefs. The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs and has decided to adopt the judge’s rulings, findings,1 conclusions, and recommended Order as modified. The judge properly found that the Respondent violated Section 8(a)(5) and (1) of the Act by: (1) unilaterally changing its malpractice insurance for unit employees from a plan obtained through a consortium of hospitals, known as “CCC,” to a self-funded plan;2 and (2) failing to provide the Union with requested malpractice insurance information.  To remedy the Respondent’s unlawful unilateral change, the judge issued a restorative order conditioned on the desires of the affected employees as represented by the Union: The Union shall then have 60 days from the date the complete information is turned over by Respondent to decide whether to demand reinstatement of the CCC coverage, or a similar plan if CCC is unwilling to reinstate coverage, or continuation of the self-funded plan  . The Respondent should also make whole any employees who have suffered losses as a result of its unilateral action in changing the level of insurance coverage, if such is found to be the case. We have decided to adopt the judge’s remedy, except that the make-whole component of the remedy shall not apply if the Union chooses continuation of the Respondent’s self-funded malpractice insurance plan. National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, The Brooklyn Hospital Center, Brooklyn, New York, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.  If the Union gives written notice to reinstate the CCC medical malpractice insurance or similar coverage, make whole all employees who have suffered losses as a result of unilateral changes in the medical malpractice insurance coverage.”  Substitute the attached notice for that of the administrative law judge.