In what appears to be a strange marriage, the IAM and the NUHW have “ signed a letter of intent concerning a potential affiliation” according to a press release Tuesday. The press release goes on to say that both sides still need to iron out the details, but one can presume that if they are at the issuing… Continue Reading
Monthly Archives: February 2012
Labor Unions Strike Out With 11th Circuit on Neutrality Agreements
Posted in Labor Law & NLRB, Litigation, UnionsMany labor unions by-pass the traditional NLRB election process in organizing. Instead, unions will approach an employer and ask if the employer will agree to recognize the union if the union obtains a majority of signed union authorization cards — i.e. “card check.” The union will also ask that the employer sign a “neutrality agreement”… Continue Reading
Specialty Healthcare Watch: Odwalla Inc.
Posted in Labor Law & NLRB, UnionsIn this first edition of Specialty Healthcare Watch, I will examine the first case that applied Specality Healthcare, Odwalla Inc., 357 NLRB No. 132 (2011). This case starts off by answering an important question that management had following Specialty Healthcare — that is, does Specialty Healthcare apply outside the non-acute healthcare setting? Remember, Specialty Healthcare was… Continue Reading
Specialty Healthcare Watch
Posted in Labor Law & NLRB, UnionsIn August, the NLRB issued perhaps its most important decision of 2011 in Specialty Healthcare, 357 NLRB No. 83 (2011). Perhaps the most critical part of any union election is the bargaining unit determination–that is the group of workers who will vote on whether or not to join the union. To draw an analogy to the current presidential… Continue Reading
Union Insignia in Healthcare Setting
Posted in Labor Law & NLRB, UnionsOver the years, both the NLRB and the Courts have considered the issue of displaying pro-union insignia in healthcare settings. The traditional rule was that restrictions on insignia in immediate patient care areas were presumptively valid because such insignia “might be unsettling to patients.” However, a new NLRB case issued in December casts doubt on… Continue Reading
NLRB Recess Appointments Attacked
Posted in Labor Law & NLRBYesterday, the House Education & Workforce Committee jumped into the fray over NLRB recess appointments. Some brief background: in December, President Obama appointed three new members to the NLRB. Given the acrimony over the NLRB for the last year, it was unlikely that the Senate would have confirmed the President’s nominees, so a “recess” appointment… Continue Reading
Labor Strikes and Lockouts Increase
Posted in UnionsThe Bureau of Labor Statistics released its 2011 work stoppage statistics today. On the whole, 19 major strikes or lockouts occurred in 2011. These work stoppages impacted 113,000 workers and counted for just over a million lost workhours. The numbers are interesting from a historical perspective. On the one hand, the figures represent a dramatic… Continue Reading
Arbitration Agreements Found Lawful
Posted in Laws & Regulations, LitigationMany employers prefer to arbitrate employment disputes rather than have these disputes end up in the traditional courtroom with a jury. As a result, a fair number of employers require their employees sign arbitration agreements for employment litigation, including class action claims. The validity of these class action waivers was called into question by the NLRB… Continue Reading
Right to Work State Labor Poster
Posted in Labor Law & NLRB, UnionsAs followers of labor law know, the National Labor Relations Board has issued a rule requiring nearly all private sector employers to post a notice about labor unions. The posting was originally supposed to go into effect last fall, but, after some legal wrangling, the NLRB decided to delay implementation until April 30, 2012. The… Continue Reading
NLRB Challenges American Rule
Posted in Labor Law & NLRB, UnionsIn litigation, the “American Rule” applies …. unless Congress states otherwise. Unless the NLRB states otherwise. That is the lesson employers can take away from a recent Board case, Camelot Terrace. The facts of the case are pretty dry — the employer arguably engaged in bad-faith bargaining. One remedy in this situation is that the… Continue Reading
Why Lockouts Are Increasing
Posted in UnionsThe New York Times has a very interesting story on lockouts and their increased use by employers. The story paints a dreary picture for employees — according to the story, employees are facing foreclosure and can’t pay for new clothes for their kids, while companies are out hiring replacement workers and humming along, business as… Continue Reading