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NLRB

NLRB Notice Posting Rule Is Enjoined by Federal Appeals Court

[04/17/12]

Posted on April 17, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

On April 17, 2012, the Federal Appeals Court for the District of Columbia issued an emergency injunction preventing the NLRB from enforcing its Employee Rights Notice Posting rule that was set to become effective on April 30, 2012.  The Court’s Order granting the injunction sets an expedited schedule for hearing the appeal.  Nevertheless, even with the expedited schedule,... READ MORE

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NLRB Employee Rights Notice Posting Rule Struck Down in its Entirety by Federal Judge

[04/16/12]

Posted on April 16, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Friday the 13th was a bad news day for the NLRB but potentially a very good news day for private employers.  A federal district court judge in South Carolina on Friday, April 13, 2012 held that the NLRB’s rule obligating private employers to post a notice explaining employee rights under the NLRA was beyond... READ MORE

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NLRB Again Postpones Notice Requirement

[01/03/12]

Posted on January 3, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The National Labor Relations Board (NLRB) has again postponed the requirement for private employers to post notice of employee rights under the Nation Labor Relations Act (NLRA). See our previous analysis here, here, and here. Employers now have until April 30,2012 to post the required notice.  The board said it “has determined that postponing... READ MORE

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Legislation Introduced to Dismantle “Specialty Healthcare” NLRB Decision, Further Limit NLRB Actions

[10/13/11]

Posted on October 13, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

Representative John Kline of Minnesota introduced the Workforce Democracy and Fairness Act last week in response to recent NLRB actions affecting employers.  One aspect of this Bill is the reversal of the NLRB’s Specialty Healthcare decision which altered the established standard for determining collective bargaining units in non-acute care health facilities.    READ MORE

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NLRB Postpones Requirement to Post Employee Rights Notice

[10/11/11]

Posted on October 11, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The NLRB announced last week that it has postponed the implementation date for its new notice-posting rule (previously discussed here and here) by more than two months in order to allow for “enhanced education and outreach to employers”, particularly those who operate small and medium sized businesses.  The posting requirement for most private employers... READ MORE

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NLRB Releases Specialty Healthcare Decision

[08/31/11]

Posted on August 31, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

In a 3-1 decision released yesterday, the National Labor Relations Board (NLRB) decided the Specialty Healthcare case favoring the ability of small units of employees to unionize.  Overruling the established Park Manor standard, the NLRB ruled that just the 53 CNAs at a nursing facility could organize as one collective bargaining unit.   READ MORE

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Pending NLRB Decision May Have Significant Impact on Long-Term Care

[08/30/11]

Posted on August 30, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

A case currently pending before the National Labor Relations Board (NLRB), as mentioned here, is expected to be decided and released within the next few months.  This case, Specialty Healthcare and Rehabilitation of Mobile, has been pending before the Board since December of 2010, and, if decided as expected by those following the case,... READ MORE

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Update on NLRB Actions

[08/29/11]

Posted on August 29, 2011 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

As Mr. Lyman pointed out last week, the National Labor Relations Board (NLRB) now requires private employers to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  A recent New York Times article on this new requirement discusses an upcoming decision by the NLRB that is expected to address unionization... READ MORE

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NLRB Notice Requirement Affects Long-Term Care Providers

[08/26/11]

Posted on August 26, 2011 in Long-Term Care, Home Health & Hospice

Written by: Stephen W. Lyman

The National Labor Relations Board (NLRB) just issued a final rule that will require most private employers, including those that are long-term care providers, to post a Notice of Employee Rights under the National Labor Relations Act (NLRA).  The notices must be posted by November 14, 2011.  The text of the notice is available in... READ MORE

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