NLRB 29 Unfair Labor Practice Charges Against Community Health Systems, Inc. Shows Industry Labor Risks

October 19, 2015

A 29-count unfair labor practices complaint brought by the National Labor Relations Board (NLRB) against national hospital giant, Community Health Systems, Inc. and seven of its hospitals (CHS), reminds other hospital and health care systems about the need to take steps to maintain and strengthen the defensibility of their own union organizing and other labor-management relations processes as well as to prepare for the added complication the necessity of dealing with a union could present to their ability to manage already complex compliance, employment and employee benefit and other responsibilities.

The consolidated complaint announced by the NLRB today (October 19, 2015) alleges that CHS and seven wholly owned subsidiary hospitals make up a single integrated employer that has violated the National Labor Relations Act (NLRA) by engaging in a series of unfair labor practices. Specifically, the complaint claims CHS violated employee rights by, among other things: maintaining rules that infringe on employees’ rights to discuss wages, hours, and working conditions with one another and to advocate for better treatment; making statements and taking actions against employees for participating in union activities; and failing to engage in good-faith collective bargaining with the unions the NLRB says employees have selected as their exclusive collective-bargaining representatives.

The complaint involves 29 charges filed against CHS hospitals by the following NLRB Regional Offices:

The consolidated complaint requests specific remedial relief, including: reimbursement for negotiation expenses; a make-whole remedy, including reinstatement, for employees who were the subject of discretionary discharges prior to any bargaining with the employees’ exclusive collective bargaining representatives; the reading and electronic transmission of a Notice to Employees; and a broad, corporate-wide cease and desist order given prior findings of serious unfair labor practices involving many of the facilities in the current matter. To avoid unnecessary delay and to conserve public and private resources, the General Counsel transferred all of these cases to Region 8, Cleveland, which issued the consolidated complaint. Absent settlement, the NLRB is scheduled to begin litigation in Cleveland on December 15, 2015.

The NLRB complaint against CHS is one of a growing number of actions where the NLRB, packed with Obama Administration appointees have gone after hospital or other health care employers as part of their broader pro-Labor agenda. See e.g., Specialty Healthcare and Rehabilitation of Mobile, Board Case No. 15-CA-68248 (reported at 357 NLRB No. 174) (6th Cir. decided August 15, 2013 under the name Kindred Nursing Centers East, LLC f/k/a Specialty Healthcare and Rehabilitation of Mobile v. NLRB).

These decisions should remind health care and other employers of the highly union-friendly bent of the NLRB under the current administration, as well as the hazards of mishandling efforts to defend against union organizing and other protected activities under the NLRA.  Beyond the obligation to recognize and bargain with properly certified collective bargaining unions, the NLRB and other federal labor laws also grant employees a host of other protections.  Among these are recently affirmed rights-even for a worker not represented by a union – to insist another employee be present when participating in disciplinary and certain other meetings with management, rules limit the ability of employers to prohibit or restrict employees requiring employees to keep confidential and not discuss among each other salary, wages or other terms of compensation or employment terms and conditions, and others.  The Obama Administration has made known its desire to expand these rights further and has carried out an aggressive legislative, regulatory and enforcement campaign in pursuit of this goal since taking office.  For this reason, health care or other organizations should seek the advice and assistance of qualified legal counsel experienced with labor management relations matters to review policies for compliance, to prepare and administer anti-organizing activities, and to evaluate and respond to union organizing or bargaining activities.

Amid these obligations and the pro-Labor enforcement attitude of the current administration, health industry organizations and their leaders must be prepared both to deal appropriately with labor-management relations organizing, bargaining and other obligations and to manage these responsibilities along with other critical compliance and operations management responsibilities. Beyond dealing with organizing and certification details, the recognition of a union also generally brings obligations for the employer to bargain on a wide range of matters. While most employers understand that this might include wages and benefits, it also includes bargaining about other terms and conditions of employment such as policies on compliance, investigations, discipline and a broad range of other concerns. For this reason, organization also can complicate compliance, risk management, financial and other critical management operations. Furthermore, union organizers and representatives often look for whistleblower or other opportunities to use compliance obligations as tools to strengthen bargaining or undermine employer credibility. For this reason, health industry and other employers targeted for organization or facing other labor-management risks should act early to tighten their compliance and manage risks in anticipation of the need to defend their actions in the event of a union organization or other action.

For More Information Or Assistance

The author of this article, Cynthia Marcotte Stamer, is a Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization concurrently recognized a “Top” Health Care, Labor & Employment and ERISA/Employee Benefits Lawyer for her more than 28 years’ experience advising and defending public and private, rural and metro area hospital; health care system; nursing home; home health; rehabilitation; physical therapy; medical clinic; medical staff, physician practice group, independent practice association, and management services organization; staffing; HMOs, PPOs, ACOs, Medicare and Medicaid Advantage and other managed care organization; pharmacy; life sciences; durable medical equipment; allied health; health care technology; and other health industry clients.

As a Board Certified in Labor and Employment Law whose practice focuses on health industry clients, Ms. Stamer’s work throughout her career has included continuous involvement advising and representing health care organizations about employment, labor-management, peer review and staffing and other workforce management and compensation concerns.  Ms. Stamer also continuously advises health industry clients about compliance and internal controls, workforce and medical staff performance management and discipline; quality; governance; privacy, data security and breach; health care and other fraud prevention, risk management and defense; Medicare, Medicaid, managed care and insurance and other billing and reimbursement; safety and contagious disease; FDA; DEA; STARK, Fraud & Abuse, False Claims Act and other fraud prevention, investigation, remediation, and defense; managed care contracting and compliance; health care, insurance and other licensure and accreditation; managed care, government and other contracting and contract enforcement; antitrust; nonprofit and other general corporate and business matters and transactions; disaster preparedness and response; government audits and other enforcement; investigation and discipline; board and corporate governance; and other compliance, reengineering and change management, risk management, regulatory and government affairs, public policy and operations concerns.

Scribe for the ABA JCEB annual Technical Sessions meeting with OCR for the past five years, Ms. Stamer also is recognized for her extensive publications and programs including numerous highly regarding publications and programs on HIPAA and other privacy and data security concerns.

Ms. Stamer’s experience includes extensive involvement helping these and other health industry clients to establish, administer, and defend their practices and to conduct other dealings with the Department of Labor, Health and Human Services (HHS), Board of Medicine, Department of Insurance, NLRB, Department of Aging & Disability, Drug Enforcement Agency, OCR Privacy and Civil Rights, Wage and Hour and other Labor Department, Department of Defense,  Justice Department and state attorneys’ general, Department of Health and other health care industry regulators.

Recognized in the International Who’s Who of Professionals; Vice President of the North Texas Health Care Compliance Professionals Association; founder and Executive Director of the Coalition for Responsible Health Policy and Project COPE: The Coalition on Patient Empowerment; Past Chair of the ABA Health Law Section Managed Care & Insurance Section, Past Compliance Chair of the National Kidney Foundation of North Texas Board, Past Board President of the Richardson Development Center Early Child Intervention Agency (not Warren Center for Children) and a Fellow in the American College of Employee Benefits Council, the American Bar Association (ABA) and State Bar of Texas,  Cindy serves on the Editorial Advisory Board of Insurance Thought Leadership, Employee Benefit News, HR.com, on the leadership of the ABA JCEB Council and several ABA Sections, and in many other professional and civic organizations and educational faculties, Ms. Stamer also is a prolific and popular lecturer and widely published author on health industry, labor and employment and other related concerns. She publishes and speaks extensively on health and managed care industry regulatory, staffing and human resources, compensation and benefits, technology, public policy, reimbursement and other operations and risk management concerns as well as conducts workshops and programs and publications on these and many other compliance, operational and risk management, and other health industry matters. Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications.

For more information about Ms. Stamer and her health industry or other experience, see here or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here. If you or someone else you know would like to receive future updates about developments on these and other concerns from Ms. Stamer, register here.

About Solutions Law Press

Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, compensation, data security and privacy, health care, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources including:

©2015 Cynthia Marcotte Stamer, P.C.  Non-exclusive license to republish granted to Solutions Law Press.  All other rights reserved.  If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile here. For important information about this communication, see here.  THE FOLLOWING DISCLAIMER IS INCLUDED TO COMPLY WITH AND IN RESPONSE TO U.S. TREASURY DEPARTMENT CIRCULAR 230 REGULATIONS.  ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.  

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Posted by Cynthia Marcotte Stamer

NLRB Helps Union Force Another Health Care Employer To Recognize & Bargain With Union

March 13, 2014

Hospitals, skilled nursing and other health care organizations need to be concerned about union organizing of  their employees in light of the growing success of unions with the aid of the pro-union support and agenda of the National Labor Relations Board (NLRB)  under the Obama Administration’s leadership.  The Administration’s goal of telling health care providers what to do extends well beyond Medicare and Medicaid into their workforce and terms and conditions of employment.

 On February 21, 2014, for instance, the Obama Administration helped the Service Employees International Union (the Union) force Holy Cross Youth and Family Services, Inc., d/b/a Kairos Healthcare (the Employer), a provider of drug and alcohol rehabilitation services, to recognize and bargain with the  over terms and conditions of employees with the Union by securing a court order forcing the employer to recognize and bargain with the Union.

 Ruling in a lawsuit filed by the NLRB against the Employer on February 21,  a federal court judge for the Eastern District of Michigan ordered upheld the allegations made in August 23, 2013 by the National Labor Relations Board (NLRB) Detroit, Michigan Regional Office that the Employer violated the National Labor Relations Act when it withdrew recognition from Local 517M, made unilateral changes to employees’ terms and conditions of employment without affording the Union an opportunity to bargain over those changes, and failed to provide relevant information to the Union to help in its bargaining with the Employer on behalf of the employees.

The Regional Office sought, and the Board authorized, seeking interim injunctive relief to return the parties to the bargaining table pending final resolution of the matter, to require the Employer to provide the Union with the information it requested and, upon request, to rescind the unilateral changes made to employees’ terms and conditions of employment.

On February 21, 2014, the District upheld the Regional Office’s action.  It ruled that an interim injunction was appropriate to prevent loss of Union support, to keep the employees’ right to bargain with their Employer through their chosen bargaining representative, and to provide the Union with the information it needs to evaluate and make bargaining proposals while the administrative case is pending before the Board.

The case is one of a growing number of actions where the NLRB has used is powers to help Unions force health care and other employers to yield to union demands.  See e.g., Specialty Healthcare and Rehabilitation of Mobile, Board Case No. 15-CA-68248 (reported at 357 NLRB No. 174) (6th Cir. decided August 15, 2013 under the name Kindred Nursing Centers East, LLC f/k/a Specialty Healthcare and Rehabilitation of Mobile v. NLRB).

These decisions should remind health care and other employers of the highly union-friendly bent of the NLRB under the current administration, as well as the hazards of mishandling efforts to defend against union organizing and other protected activities under the NLRA.  Beyond the obligation to recognize and bargain with properly certified collective bargaining unions, the NLRB and other federal labor laws also grant employees a host of other protections.  Among these are recently affirmed rights-even for a worker not represented by a union – to insist another employee be present when participating in disciplinary and certain other meetings with management, rules limit the ability of employers to prohibit or restrict employees requiring employees to keep confidential and not discuss among each other  salary, wages or other terms of compensation or employment  terms and conditions, and others.  The Obama Administration has made known its desire to expand these rights further and has carried out an aggressive legislative, regulatory and enforcement campaign in pursuit of this goal since taking office.  For this reason, health care or other organizations should seek the advice and assistance of qualified legal counsel experienced with labor management relations matters to review policies for compliance, to prepare and administer anti-organizing activities, and to evaluate and respond to union organizing or bargaining activities.

For More Information Or Assistance

If you need assistance responding to health industry staffing and workforce, regulatory, enforcement or other developments, reviewing or tightening your policies and procedures, conducting training or audits, responding to or defending an investigation or other enforcement action or with other health care related risk management, compliance, training, enforcement or management concerns, the author of this update, attorney Cynthia Marcotte Stamer, may be able to help. Vice President of the North Texas Health Care Compliance Professionals Association, Past Chair of the ABA Health Law Section Managed Care & Insurance Section and the former Board Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has more than 25 years experience advising health industry clients about these and other matters. Her experience includes extensive work advising, representing and training health industry and other clients on HIPAA and other privacy, data protection and breach and other related matters.  She also advises hospitals, nursing home, home health, rehabilitation and other health care providers and health industry clients to establish and administer compliance and risk management policies; prevent, conduct and investigate, and respond to peer review and other quality concerns; and to respond to Board of Medicine, Department of Aging & Disability, Drug Enforcement Agency, OCR Privacy and Civil Rights, HHS, DOD, and other health care industry investigation, enforcement and other compliance, public policy, regulatory, staffing, and other operations and risk management concerns. A popular lecturer and widely published author on health industry concerns, Board Certified in Labor and Employment Law, Ms. Stamer’s experience includes continuous involvement in advising and representing health care organizations about employment, labor-management, peer review and staffing and other workforce management and compensation concerns.  Ms. Stamer also continuously advises health industry clients about compliance and internal controls, workforce and medical staff performance, quality, governance, reimbursement, and other risk management and operational matters. Ms. Stamer also publishes and speaks extensively on health and managed care industry regulatory, staffing and human resources, compensation and benefits, technology, public policy, reimbursement and other operations and risk management concerns. Scribe for the ABA JCEB annual Technical Sessions meeting with OCR for the past three years, Ms. Stamer also is recognized for her extensive publications and programs including numerous highly regarding publications and programs on HIPAA and other privacy and data security concerns as well as a wide range of other workshops, programs and publications on other compliance, operational and risk management, and other health industry matters. Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications.  You can get more information about her health industry experience here. If you need assistance responding to concerns about the matters discussed in this publication or other health care concerns, wish to obtain information about arranging for training or presentations by Ms. Stamer, wish to suggest a topic for a future program or update, or wish to request other information or materials, please contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here. If you or someone else you know would like to receive future updates about developments on these and other concerns from Ms. Stamer, see  here.

About Solutions Law Press

Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, compensation, data security and privacy, health care, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources including:

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile here. For important information about this communication click here.  THE FOLLOWING DISCLAIMER IS INCLUDED TO COMPLY WITH AND IN RESPONSE TO U.S. TREASURY DEPARTMENT CIRCULAR 230 REGULATIONS.  ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.  

©2013 Cynthia Marcotte Stamer, P.C.  Non-exclusive license to republish granted to Solutions Law Press.  All other rights reserved.

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Posted by Cynthia Marcotte Stamer

Court Upholds NLRB Certification of CNAs As Bargaining Union Based On NLRB Modified Community Of Interest Test

August 21, 2013

Hospitals, skilled nursing and other health care organizations facing or concerned about union organizing or their nursing  or other staffs employees should consider an apparent change in National Labor Relations Board (NLRB) certification policy upheld when the  Sixth Circuit ruling upheld the NLRB’s certification of a bargaining unit consisting exclusively of certified nursing assistants (CNAs) at Specialty Healthcare and Rehabilitation of Mobile (Specialty) nursing home and enforced the Board’s order finding that Specialty’s refusal to bargain with the certified unit violated Section 8(a)(5) and (1) of the National Labor Relations Act (NLRA).

Specialty Healthcare and Rehabilitation of Mobile, Board Case No. 15-CA-68248 (reported at 357 NLRB No. 174) (6th Cir. decided August 15, 2013 under the name Kindred Nursing Centers East, LLC f/k/a Specialty Healthcare and Rehabilitation of Mobile v. NLRB), arose after the union had petitioned to represent a unit of 53 full-time and part-time CNAs, Specialty claimed that the smallest appropriate unit must include 86 other service and maintenance employees.　 The NLRB Regional Director found the unit appropriate and conducted the election, which the union won.　 The NLRB granted review, asked the parties and public for their views on eight questions on community of interest unit determinations in the non-acute care healthcare industry, and ultimately issued a decision upholding the unit determination and the union’s election victory.

In its decision, the Board overruled Park Manor Care Center, 305 NLRB 872 (1991), which applied a “pragmatic or empirical community of interests approach” to determining unit appropriateness in nursing homes.　 Instead, the Board ruled that it would apply the traditional test to evaluate appropriateness, which examines whether a proposed unit is readily identifiable and shares a community of interest distinct from other employees.　 Then, the Board explained, if “a party contends that a petitioned-for unit containing employees readily identifiable as a group who share a community of interest is nevertheless inappropriate because it does not contain additional employees, the burden is on the party so contending to show that the excluded employees share an overwhelming community of interest with the included employees.”　 Because the CNA-only unit was readily identifiable and shared a distinct community of interest, and because Specialty failed to show that the excluded service and maintenance employees shared an overwhelming community of interest with the CNAs, the Board certified the unit and the union’s victory.　 Specialty refused to bargain, and this technical NLRA Section 8(a)(5) proceeding followed.

The Sixth Circuit affirmed the Board’s order and its clarification of the community-of-interest test.　 First, rejecting Specialty’s argument that the Board did not merely embrace the traditional community-of-interest test but instead improperly created an entirely new framework, the court held that the Board permissibly “adopted a community-of-interest test based on some of the Board’s prior precedents, and . . . did explain its reasons for doing so.”　 In so holding, the court explicitly recognized the ambiguity in the Act’s command that bargaining units must be “appropriate,” and observed that the Board merely granted Judge Posner’s “wish that the Board would give [the traditional community-of-interest test] ‘a precise meaning.’” Slip op. at 13 (quoting Cont’l Web Press v. NLRB, 742 F.2d 1087, 1090 (7th Cir. 1984)).

Next, the court concluded that the Board acted within its discretion in requiring a party claiming that the smallest appropriate unit must include additional employees to show that the excluded employees share an “overwhelming community of interest” with the proposed unit.　 Indeed, the court explained that “[t]he Board has used the overwhelming-community-of-interest standard before, so its adoption [here] is not new.”　 After citing numerous cases, including the D.C. Circuit’s Blue Man Vegas LLC v. NLRB, 529 F.3d 417 (D.C. Cir. 2008), the court agreed that the Board merely clarified existing law, overruled any inconsistent precedent, appropriately placed the burden of proving overwhelming community of interest on the employer (who typically possesses the information to make that case), and explained its reasons for doing all of the above.

Turning to Specialty’s third defense, the court concluded that the Board’s test did not run afoul of Section 9(c)(5), which prohibits the Board from finding “the extent to which the employees have organized . . . controlling” in making unit determinations.　 To the contrary, the court noted that the Board first engaged in an independent community of interest determination to find out whether the proposed CNA-only unit was appropriate “aside from the fact that the union had organized it.”　 Further, “[a]s long as the Board applies the overwhelming community of interest standard only after the proposed unit has been shown to be prima facie appropriate, the Board does not run afoul of the statutory injunction that the extent of the union’s organization not be given controlling weight.”　 Slip op. at 19 (internal quotations omitted and emphasis in original).

Finally, the court held that “the Board did not abuse its discretion in adopting a generally applicable rule through adjudication instead of rule making because NLRB v. Bell Aerospace Co. Div. of Textron, Inc., 416 U.S. 267, 294 (1974), holds both that ‘the Board is not precluded from announcing new principles in an adjudicative proceeding and that the choice between rule making and adjudication lies in the first instance within the Board’s discretion.’”

The Court’s opinion is available here.

The Speciality ruling reminds health care and other employers of the highly union-friendly bent of the NLRB under the current administration, as well as the hazards of mishandling efforts to defend against union organizing and other protected activities under the NLRA.  Beyond the obligation to recognize and bargain with properly certified collective bargaining unions, the NLRB and other federal labor laws also grant employees a host of other protections.  Among these are recently affirmed rights-even for a worker not represented by a union – to insist another employee be present when participating in disciplinary and certain other meetings with management, rules limit the ability of employers to prohibit or restrict employees requiring employees to keep confidential and not discuss among each other  salary, wages or other terms of compensation or employment  terms and conditions, and others.  For this reason, health care or other organizations should seek the advice and assistance of qualified legal counsel experienced with labor management relations matters to review policies for compliance, to prepare and administer anti-organizing activities, and to evaluate and respond to union organizing or bargaining activities.

For More Information Or Assistance

If you need assistance responding to HIPAA or other health industry regulatory, enforcement or other developments, reviewing or tightening your policies and procedures, conducting training or audits, responding to or defending an investigation or other enforcement action or with other health care related risk management, compliance, training, enforcement or management concerns, the author of this update, attorney Cynthia Marcotte Stamer, may be able to help. Vice President of the North Texas Health Care Compliance Professionals Association, Past Chair of the ABA Health Law Section Managed Care & Insurance Section and the former Board Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has more than 25 years experience advising health industry clients about these and other matters. Her experience includes extensive work advising, representing and training health industry and other clients on HIPAA and other privacy, data protection and breach and other related matters.  She also advises hospitals, nursing home, home health, rehabilitation and other health care providers and health industry clients to establish and administer compliance and risk management policies; prevent, conduct and investigate, and respond to peer review and other quality concerns; and to respond to Board of Medicine, Department of Aging & Disability, Drug Enforcement Agency, OCR Privacy and Civil Rights, HHS, DOD, and other health care industry investigation, enforcement and other compliance, public policy, regulatory, staffing, and other operations and risk management concerns. A popular lecturer and widely published author on health industry concerns, Board Certified in Labor and Employment Law, Ms. Stamer’s experience includes continuous involvement in advising and representing health care organizations about employment, labor-management, peer review and staffing and other workforce management and compensation concerns.  Ms. Stamer also continuously advises health industry clients about compliance and internal controls, workforce and medical staff performance, quality, governance, reimbursement, and other risk management and operational matters. Ms. Stamer also publishes and speaks extensively on health and managed care industry regulatory, staffing and human resources, compensation and benefits, technology, public policy, reimbursement and other operations and risk management concerns. Scribe for the ABA JCEB annual Technical Sessions meeting with OCR for the past three years, Ms. Stamer also is recognized for her extensive publications and programs including numerous highly regarding publications and programs on HIPAA and other privacy and data security concerns as well as a wide range of other workshops, programs and publications on other compliance, operational and risk management, and other health industry matters. Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications.  You can get more information about her health industry experience here. If you need assistance responding to concerns about the matters discussed in this publication or other health care concerns, wish to obtain information about arranging for training or presentations by Ms. Stamer, wish to suggest a topic for a future program or update, or wish to request other information or materials, please contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here. If you or someone else you know would like to receive future updates about developments on these and other concerns from Ms. Stamer, see  here.

About Solutions Law Press

Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, compensation, data security and privacy, health care, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources including:

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile here. For important information about this communication click here.  THE FOLLOWING DISCLAIMER IS INCLUDED TO COMPLY WITH AND IN RESPONSE TO U.S. TREASURY DEPARTMENT CIRCULAR 230 REGULATIONS.  ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.  

©2013 Cynthia Marcotte Stamer, P.C.  Non-exclusive license to republish granted to Solutions Law Press.  All other rights reserved.

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Posted by Cynthia Marcotte Stamer

Pennsylvania Nurses Vote For Union In NLRB Election Highlights Rising Union Organizing Activity In Health Care Industry

May 7, 2010

A May 5, 2010 vote by registered nurses to join SEIU Healthcare Pennsylvania in an NLRB-supervised election at an acute care hospital in Natrona Heights, Pennsylvania highlights the rising exposures many hospital and other health industry employers face to union organizing and other activities.  The May 5 a ballot count at Alle-Kiski Medical Center found 213 nurses in favor of the union, with 61 opposed and two challenged ballots.  Management at the hospital now will be required to bargain with the union on terms and conditions of employment for nurses in the bargaining union and follow other NLRB procedures for dealing with employees represented by unions.

The union certification by the Alle-Kiski Medical Center nurses is one of a growing series of unionization campaigns targeting health industry employers around the nation this year.  In March, for example, NLRB Regional Director Alan B. Reichard ordered elections at 31 California hospitals to decide which of two rival unions would represent employees.  The Monday, March 2, 2010 order by Regional Director Reichard set the stage for elections between the Service Employees International /United Healthcare Workers-West (SEIU-UHW) and the National Union of Healthcare Workers (NUHW), which are competing to represent thousands of health care workers throughout California.  Under the order, some elections may be preceded by hearings to clarify the voting group; others will proceed by agreement of the parties regarding such issues as voting dates and times and voter eligibility.

Health industry workers increasingly are viewed as attractive targets for union organization around the country. Many of these organizing efforts are helped by a series of NLRB decisions that ease the way for union organization of certain physician and other health care provider groups.

Many health care organizations and other employers are concerned about the potential financial and operational costs that organization of their workforce might produce.  Whether concerned about the potential for future organization activities, confronting a union certification election or dealing with union representation in their workplace, health industry and other employers concerned about union organizing or representational activities must act carefully. 

Federal labor law requires that employers tread carefully when dealing with union or other organizational activity.  Existing federal law limits the actions that employers can take to deter or influence worker choices about whether to support or oppose a union certification campaign, to influence the certification of one union representative over another. 

Legislation supported by the Obama Administration and the Democratic Leadership in Congress such as the Employee Free Choice Act of 2009 (H.R.1409 /S 560) would further expand these protections. If adopted as proposed, this legislation would further facilitate union organizing efforts and give union representatives new tools to pressure employers for contractual concessions to union negotiations.

Health industry and other employers concerned with these issues generally should carefully monitor and respond to proposed legislation and consult with qualified labor and employment counsel before discussing or taking other action in response to these activities to minimize risks of unintentionally running afoul of these requirements and to position their efforts for maximum effectiveness.

For Assistance With Compliance Or Other Concerns

If your organization needs advice or assistance in responding to labor and employment issues in your health care organization or other health care matters, consider contacting the author of this article, Cynthia Marcotte Stamer at (469) 767-8872 or via e-mail here. 

Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Ms. Stamer is nationally known for her more work, training and presentations, and publications on health and managed care staffing and employment, compensation, regulatory, and other operations, risk management and compliance matters. 

Vice President of the North Texas Health Care Compliance Professionals Association, Past Chair of the ABA Health Law Section Managed Care & Insurance Section and the former Board Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has more than 22 years experience advising health industry clients about these and other matters.  A popular lecturer and widely published author on health industry and human resources matters, Ms. Stamer continuously advises health industry clients about these and other related concerns.  Ms. Stamer also publishes and speaks extensively on health and managed care industry regulatory, staffing and human resources, compensation and benefits, and other operations and risk management concerns.  Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications.  For additional information about Ms. Stamer, her experience, involvements, programs or publications, see here.  

Other Recent Developments

If you found this information of interest, you also may be interested in information about upcoming programs to be presented by Ms. Stamer, acquiring a copy of a recording or materials from previous programs she has presented, or arranging training for your organization.  For more information about these opportunities, contact Ms. Stamer directly.

If you found this information of interest, you also may be interested in reviewing some of the following recent Updates available online by clicking on the article title:

For More Information

We hope that this information is useful to you.  If you need assistance with auditing or defending these or other health care compliance, risk management, transaction or operation concerns, please contact the author of this update, Cynthia Marcotte Stamer, at (469) 767-8872, cstamer@Solutionslawyer.net. Ms. Stamer has extensive experience advising health industry clients on labor and employment, medical staff and other compliance and operations issues.  She writes and speaks extensively on these and other health industry and other internal controls and risk management matters. 

You can review other recent health care and internal controls resources and additional information about the health industry and other experience of Ms. Stamer here.  If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information here.

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information here.  To unsubscribe, e-mail here.

©2010 Solutions Law Press. All rights reserved.

Leave a Comment » | Employment, Health Care, Uncategorized | Tagged: , , , , | Permalink
Posted by Cynthia Marcotte Stamer

NLRB Orders Union Elections In 31 California Health Care Facilities To Proceed

March 2, 2010

By Cynthia Marcotte Stamer

National Labor Relations Board (NLRB) Regional Director Alan B. Reichard has ordered elections to proceed between rival unions in about 31 health care facilities in northern California.   The Monday, March 2, 2010 order by Regional Director Reichard sets the stage for elections between the Service Employees International /United Healthcare Workers-West (SEIU-UHW) and the National Union of Healthcare Workers (NUHW), which are competing to represent thousands of health care workers throughout California.  Under the order, some elections may be preceded by hearings to clarify the voting group; others will proceed by agreement of the parties regarding such issues as voting dates and times and voter eligibility.

While the order allows elections in many facilities to proceed, approximately 32 elections are still blocked by allegations brought by SEIU-UHW against NUHW and its principals.  These allegations remain under active consideration by the NLRB’s Office of the General Counsel.

To review the March 2, 2010, see here.

Many health care organizations and other employers are concerned about the potential financial and operational costs that organization of their workforce might produce.  Whether concerned about the potential for future organization activities, confronting a union certification election or dealing with union representation in their workplace, health industry and other employers concerned about union organizing or representational activities must act carefully. 

Federal labor law requires that employers tread carefully when dealing with union or other organizational activity.  Existing federal law limits the actions that employers can take to deter or influence worker choices about whether to support or oppose a union certification campaign, to influence the certification of one union representative over another. 

Legislation supported by the Obama Administration and the Democratic Leadership in Congress such as the Employee Free Choice Act of 2009 (H.R.1409 /S 560) would further expand these protections. If adopted as proposed, this legislation would further facilitate union organizing efforts and give union representatives new tools to pressure employers for contractual concessions to union negotiations.

Health industry and other employers concerned with these issues generally should carefully monitor and respond to proposed legislation and consult with qualified labor and employment counsel before discussing or taking other action in response to these activities to minimize risks of unintentionally running afoul of these requirements and to position their efforts for maximum effectiveness.

For Assistance With Compliance Or Other Concerns

If your organization needs advice or assistance in responding to labor and employment issues in your health care organization or other health care matters, consider contacting the author of this article, Curran Tomko Tarski LLP Partner Cynthia Marcotte Stamer at (214) 270-2402 or via e-mail here. 

Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Ms. Stamer is nationally known for her more work, training and presentations, and publications on health and managed care staffing and employment, compensation, regulatory, and other operations, risk management and compliance matters. 

Vice President of the North Texas Health Care Compliance Professionals Association, Past Chair of the ABA Health Law Section Managed Care & Insurance Section and the former Board Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has more than 22 years experience advising health industry clients about these and other matters.  A popular lecturer and widely published author on health industry and human resources matters, Ms. Stamer continuously advises health industry clients about these and other related concerns.  Ms. Stamer also publishes and speaks extensively on health and managed care industry regulatory, staffing and human resources, compensation and benefits, and other operations and risk management concerns.  Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications.  For additional information about Ms. Stamer, her experience, involvements, programs or publications, see here.  

Other Recent Developments

If you found this information of interest, you also may be interested in information about upcoming programs to be presented by Ms. Stamer, acquiring a copy of a recording or materials from previous programs she has presented, or arranging training for your organization.  For more information about these opportunities, contact Ms. Stamer directly.

If you found this information of interest, you also may be interested in reviewing some of the following recent Updates available online by clicking on the article title:

For More Information

We hope that this information is useful to you.  If you need assistance with auditing or defending these or other health care compliance, risk management, transaction or operation concerns, please contact the author of this update, Curran Tomko Tarski LLP Health Practice Group Chair, Cynthia Marcotte Stamer, at (214) 270‑2402, cstamer@cttlegal.com, Edwin J. Tomko at (214) 270-1405 or another Curran Tomko Tarski LLP Partner of your choice. Ms. Stamer has extensive experience advising clients and writes and speaks extensively on these and other health industry and other internal controls and risk management matters. 

You can review other recent health care and internal controls resources and additional information about the health industry and other experience of Ms. Stamer here.  If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information to cstamer@cttlegal.com.

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information here.  To unsubscribe, e-mail here.

©2010 Cynthia Marcotte Stamer.  All rights reserved.

Leave a Comment » | Employment, Health Care, Union | Tagged: , , , , | Permalink
Posted by Cynthia Marcotte Stamer

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