The National Labor Relations Board announced on March 12, 2013, that it will not seek en banc rehearing of Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), in which the U.S. Court of Appeals for the District of Columbia Circuit held that the President’s January 4, 2012 recess
Deceptive Home Health Aides Not Entitled to Reinstatement, Federal Court Rules
Home health aides who deceived their employer about their intention to strike created a reasonably foreseeable risk of imminent danger to their patients and were not entitled to be reinstated to their original patients and schedules after they were given new assignments following the strike, the U.S. Court of Appeals for the Second Circuit has…
SEIU Opposition to Mandatory Flu Shots for Healthcare Workers Adds Challenge to Vaccination Programs
A resolution adopted by the Nurse Alliance Leadership Council of SEIU Healthcare opposing mandatory flu vaccine and masking policies may add another challenge to healthcare employers seeking to implement such requirements.
Continue Reading SEIU Opposition to Mandatory Flu Shots for Healthcare Workers Adds Challenge to Vaccination Programs
Ruling in Noel Canning Leaves Unanswered Questions For Internal Investigations In Healthcare Industry
The U.S. Court of Appeals for the District of Columbia Circuit has ruled in Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), that President Obama’s “Recess Appointments” of three new NLRB members in January 2012 were unconstitutional and, as a result, the Board lacked any constitutional authority to…
Employer Obligations In The Aftermath Of A Natural Disaster
Those with staff and workplaces impacted by Hurricane Sandy may wish to take a look at an article by Jackson Lewis attorneys posted on SHRM-LI’s website which identifies and summarizes employer obligations in the aftermath of a natural disaster available at the following link: http://shrmli.org/jl-legal-updates/.
Breaking News: NLRB Posting Rule Postponed Again
On December 23, the National Labor Relations Board (“NLRB”) announced that it was postponing the effective date of its employee rights notice-posting rule from January 31 to April 30. This is the second postponement of the rule which was initially to go into effect on November 14, 2010. Several employer groups have filed lawsuits challenging…
Labor Board Approves Expedited Union Election Rules
The National Labor Relations Board (NLRB) has voted 2-to-1 to approve Chairman Mark Pearce’s resolution to adopt a limited number of amendments to the NLRB election process. According to the agency, the modified elections rules are intended to reduce “unnecessary pre-election litigation.”
The six amendments grant the NLRB and its hearing officers significant latitude in…
NLRB FINDS HOSPITAL BAN ON CAMERAS PERMISSIBLE
The NLRB has upheld a hospital’s ban on the use of cameras for photographing patients, equipment, property or facilities. It said the ban did not violate the right of employees to engage in union or protected concerted activity. The NLRB in the 2-1 decision reasoned that the ban did not expressly restrict union or other…
NEW NLRB STANDARD TO PERMIT SINGLE JOB CLASSIFICATION BARGAINING (“VOTING”) UNITS IN NON-ACUTE CARE HEALTHCARE FACILITIES
On August 30 the National Labor Relations Board (NLRB) issued the long-awaited decision in Specialty Healthcare & Rehabilitation Center of Mobile, in which it announced a new standard for determining what constitutes an appropriate bargaining unit in non-acute health care facilities.
The union in Specialty Healthcare sought to represent a unit consisting only of Certified Nursing…
New NLRB Posting Requirement Effective November 14
The NLRB has advised the public that all employers covered by the National Labor Relations Act (generally all private sector employers) will be required to post a notification of employees’ rights by November 14, 2011. The Board’s August 25th press release, which contains links to the Final Rule and additional information, is reprinted below. …