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National Labor Relations Board

Union Elections Continue at Acute Care Hospitals


Posted on June 26, 2020 in COVID-19 Daily Updates, HR Insights for Health Care

Published by: Hall Render

In the past few weeks, the National Labor Relations Board (“Board”) has issued several crucial decisions impacting union elections in the health care setting. At the close of April 2020, the Board declined to find that COVID-19 justified the stay of a union election at an acute care hospital. In its Order denying the... READ MORE

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NLRB Issues New Joint Employer Rule: How Are Some Hospitals and Health Systems Impacted?


Posted on March 2, 2020 in Health Law News

Published by: Hall Render

On February 26, 2020, the National Labor Relations Board issued its final rule establishing the standard for determining whether two employers are joint employers under the Act (“New Rule”). History of Joint Employer Standard As explained by the NLRB, a joint employer finding has significant implications for rights and obligations under the NLRA relative... READ MORE

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NLRB Curtails “Quickie” Election Rules


Posted on January 2, 2020 in HR Insights for Health Care

Published by: Hall Render

We previously wrote about the “quickie” election rules here. On December 13, 2019, the NLRB released new election rules that significantly dialed back several previous amendments. Under the quickie election rules, or “Old Rules,” the median number of days from petition to election had decreased by a total of approximately 15 days.[1] Union Election... READ MORE

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NLRB Advice Memo Recommends Restoring a Broader Definition of Picketing Under the NLRA


Posted on May 21, 2019 in HR Insights for Health Care

Published by: Hall Render

On May 14, the National Labor Relation’s Board (“Board”) Advice Division released an advice memorandum recommending that the Board reconsider three picketing cases decided during President Obama’s administration. The memo provides insight regarding how the General Counsel’s Office, and the Board, may interpret picketing activity in the near future. This advice could affect health... READ MORE

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NLRB Restores the Long-Standing Test for Determining Independent Contractor Status


Posted on February 19, 2019 in HR Insights for Health Care

Published by: Hall Render

In SuperShuttle DFW Inc.¹, the National Labor Relations Board (“Board”) held that it would return to its longstanding and previously defined framework for determining whether a worker is classified as an employee or an independent contractor under the NLRA (“Act”). The issue in SuperShuttle was whether franchisees who operate shared-ride vans for SuperShuttle Dallas-Fort... READ MORE

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NLRB General Counsel Issues New Memo on Handbook Rules


Posted on June 13, 2018 in HR Insights for Health Care

Published by: Hall Render

For years, we have reported on the multitude of decisions from the Board striking down employer handbook rules. Many of these decisions were based on a standard set forth in the Lutheran Heritage case, which provided, in part, that a rule or policy maintained by an employer is unlawful if “employees would reasonably construe... READ MORE

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When Can Health Care Employers Restrict Pro-Union Employee Badges?


Posted on May 15, 2018 in HR Insights for Health Care

Published by: Hall Render

The National Labor Relations Board (“NLRB”) recently had the opportunity to return to the subject of employer policies restricting nurses and other employees from wearing pro-union insignia in the workplace. The Rules The NLRB decision focused on two policies, which were challenged by their employees. The first policy, dealing with appropriate dress and grooming, applied to... READ MORE

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