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Union

Replacing Striking Employees Becomes Even More Risky – NLRB Changes the Playing Field

[06/02/16]

Posted on June 2, 2016 in HR Insights for Health Care

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For nearly 68 years, the general understanding was that in collective bargaining, both sides have access to weapons in the game of economic warfare. Unions and employees have the right to strike, and employers have the right keep the doors open by replacing the striking employees – either temporarily or permanently. There were exceptions of course. Unions... READ MORE

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Union Authorization Cards Are Now Just a Few Clicks Away

[09/29/15]

Posted on September 29, 2015 in HR Insights for Health Care

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The National Labor Relations Board (“NLRB”) has decided to allow a union to present electronic evidence of employee authorization in support of a request for a secret ballot election in the private sector. This move may make it even easier for a union to gather support and raises many concerns about how employees use computers... READ MORE

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Joint Employment – NLRB Broadly Redefines the Standard

[08/28/15]

Posted on August 28, 2015 in HR Insights for Health Care

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In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”).  The NLRA governs labor management relations in the private sector.  This three-to-two decision applies long-established principles to find that two or... READ MORE

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Union Gripe Can Be a Request to Bargain

[05/27/15]

Posted on May 27, 2015 in HR Insights for Health Care

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Under the National Labor Relations Act (“NLRA”), prior to implementing changes to wages, hours or other terms and conditions of employment, employers are required to give the union notice and an opportunity for bargaining. Once the union has received notice of a potential change, it is required to request bargaining in order to preserve... READ MORE

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Oh the Profanity! NLRB Protects Vulgar Comments Again

[04/28/15]

Posted on April 28, 2015 in HR Insights for Health Care

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The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group... READ MORE

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A National Turning Point? Wisconsin Becomes the 25th Right to Work State

[03/11/15]

Posted on March 11, 2015 in HR Insights for Health Care

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 Right to Work Becomes Law in Wisconsin Wisconsin, long known as a bastion for unions and the labor movement, has become the 25th Right to Work state after Governor Scott Walker signed Senate Bill No. 44 into law on March 9, 2015. Wisconsin’s new Right to Work law will prohibit employers from requiring employees to... READ MORE

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Company Gets in Trouble for Unlawfully Broad Confidentiality Agreement

[03/09/15]

Posted on March 9, 2015 in HR Insights for Health Care

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A company that provides wheelchair accessible van transportation services to clients, including the Department of Veterans Affairs, got into trouble when it required employees to sign a confidentiality agreement that the NLRB found interfered with employees’ protected rights. The company was ordered to rescind the unlawful portions of the agreement and notify all employees that... READ MORE

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Indiana’s Right-to-Work Law Is Constitutional Again

[11/07/14]

Posted on November 7, 2014 in HR Insights for Health Care

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The four-year battle over Indiana’s Right-to-Work Law came to a close on November 6, 2014 when the Indiana Supreme Court issued its unanimous 5 – 0 decision upholding the constitutionality of the law passed by the General Assembly amid union protests in 2012.  See our blog Right-to-Work: Now There are Twenty Three that discusses the history... READ MORE

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Creating the Wrong Impression – Hospital’s “Surveillance” Is Unlawful

[07/15/14]

Posted on July 15, 2014 in HR Insights for Health Care

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Unlawful Interference Private employees have the right to engage – or not to engage – in activities in support of a union or each other relating to wages, hours and working conditions.  It’s unlawful for private employers to “interfere” with those rights.  Spying on employees or even just creating the impression of surveillance has... READ MORE

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NLRB to Hold Public Meeting on “Quickie Election Rule”

[02/28/14]

Posted on February 28, 2014 in HR Insights for Health Care

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Time to Get Serious The NLRB has scheduled two days for public comment on the proposed “Quickie Election Rule” that we reported in our article “Quickie Election Rule II” – The NLRB Tries Again earlier this month.  The meetings will be held in Washington D. C. on April 10 and 11.  The deadline for written comments... READ MORE

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