[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
Tags: NLRB, Strike, Union
[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Again, “Quickie Election II” As we predicted in our last post, “It’s Official – The NLRB’s “Quickie Election Rule” Is Rescinded,” the National Labor Relations Board (“NLRB”) announced on February 4, 2014 that it is issuing proposed amendments to its rules and regulations governing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
Tags: Election, NLRB, Union
[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
Tags: Election, NLRB, Union
[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
Tags: NLRB, Protected concerted activity, Strike, Union
[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
Tags: Discipline and discharge, HIPAA, Just cause for discharge, NLRB, Pretext, Protected concerted activity, Union
[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
Tags: NLRB, Poster, Protected concerted activity, Union
[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
Tags: Right to Work, Union, Union dues
[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
Tags: Labor & Employment Law, NLRB, Poster, Protected concerted activity, Union
[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
Tags: Collective bargaining, Confidential Information, Confidentiality, Handbook, Labor & Employment Law, NLRB, Protected concerted activity, Union
[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
Tags: NLRB, Poster, Protected concerted activity, Union