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Union

Union Members Crossing a Picket Line – That’s Just Fine!

[02/14/14]

Posted on February 14, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Union Fines Its Members for Crossing Picket Line When an employee joins a union, he or she becomes subject to the union’s bylaws and rules.  When those rules provide for fines and penalties for crossing a picket line, the result can be very costly for the employee who has not resigned from the union. ... READ MORE

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“Quickie Election Rule II” – The NLRB Tries Again

[02/05/14]

Posted on February 5, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Here We Go Again, “Quickie Election II” As we predicted in our last post, “It’s Official – The NLRB’s “Quickie Election Rule” Is Rescinded,” the National Labor Relations Board (“NLRB”) announced on February 4, 2014 that it is issuing proposed amendments to its rules and regulations governing representation-case procedures. In substance, the proposed amendments... READ MORE

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It’s Official – The NLRB’s “Quickie Election Rule” Is Rescinded

[01/23/14]

Posted on January 23, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Not So Quick On January 22, 2014, the National Labor Relations Board (“NLRB”) published in Federal Registerthe  its official rescission of the so-called “Quickie Election Rule” that would have greatly speeded up union elections in the private sector.  The rescission of the rule restores the NLRB’s former election processes and procedures.  In practical terms,... READ MORE

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Can I Take Your Order Please? Strike That…

[12/16/13]

Posted on December 16, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Fast Food Workers Strike for Higher Pay Earlier this month, in 100 cities around the country, fast food workers went on strike for higher pay – much higher pay – seeking $15 an hour or a “living wage” as some describe it.  Although the job action got much media attention, there is no real... READ MORE

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Discharge for HIPAA Violation – NLRB Doesn’t Believe It

[09/16/13]

Posted on September 16, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

HIPAA Violation Was a Pretext A hospital employee’s violation of patient privacy as protected by HIPAA is a serious matter.  An intentional violation can and should lead to discipline up to and including discharge.  But a case that was decided by the NLRB is an object lesson for health care employers on what is and... READ MORE

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NLRB’s Employee Rights Poster Stays Torn Down

[09/11/13]

Posted on September 11, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Two Courts Deny Rehearing – NLRB Exceeded Its Jurisdiction The battle over the NLRB’s Employee Rights Poster seems to be coming to an end.  The poster that the NLRB intended to be posted by private employers to inform their employees of their rights to join unions came under legal challenge and subsequent delays almost... READ MORE

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Indiana’s “Right-to-Work” Law Unconstitutional?

[09/10/13]

Posted on September 10, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Lake County Court Rules but Defers Pending Appeal On February 1, 2012, Indiana became the 23rd state to adopt a statute that prohibits private employers and unions from entering into agreements that compel union membership and the payment of dues and fees as a condition of employment.  This so-called Right-to-Work law was the focus... READ MORE

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Strike Two – Another Court Strikes Down NLRB’s Notice Posting Rule

[06/18/13]

Posted on June 18, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

The NLRB’s rule requiring private sector employers to post a “Notice of Employee Rights” took another hit from another federal appeals court.  The rule that was scheduled to go into effect early in 2012 was enjoined by lower federal courts last year and was ultimately struck down by a decision of a federal appeals... READ MORE

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More Employer Policies Challenged: Where Exactly Is the Line?

[06/13/13]

Posted on June 13, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

The National Labor Relations Board has, for at least the past two years, been focusing on private employer policies that interfere with employee rights to engage in protected concerted activity for their mutual aid and protection.  Employer policies that prohibit talking about wages, hours and working conditions while at or away from work have... READ MORE

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NLRB Loses Again – Court Vacates Employee Rights Notice Posting Rule

[05/07/13]

Posted on May 7, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Notice Posting Rule Is Struck Down Back in August 2011, the NLRB published a rule that would require private employers to post in conspicuous places a government poster intended to notify employees of their rights under the NLRA.  Business groups challenged the rule, and the NLRB delayed the effective date several times.  Then in early 2012,... READ MORE

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