St. Luke's Episcopal-Presbyterian Hosp., Inc. v. Nat'l Labor Relations Bd.,
No. 00-3169, 00-3410 (8th Cir., Oct. 10, 2001)

A registered nurse who had been involved in union organizing appeared on a local television station and accused the hospital of "jeopardizing the health of mothers and babies" through its new staffing policies. Four days later, she was terminated. The union filed a complaint with the National Labor Relations Board, which determined that the nurse's statements were protected activity and ordered her reinstatement. The hospital petitioned for review of this decision.

The United States Court of Appeals, Eighth Circuit, granted the petition to review and denied enforcement of the National Labor Relations Board ruling. The court found that, while it is unlawful to terminate an employee for engaging in union activities, an employer does not have to tolerate employee conduct that is flagrant or renders the employee unfit for employment. The court was persuaded by statements made by multiple hospital personnel that the nurse's comments created a hostile work environment and that no one on the hospital staff wished to work with the nurse after her television appearance.