AHA, Others Urge Labor Relations Board to Reconsider Proposed Rule for Representation Case Procedures

The American Hospital Association, the American Society for Healthcare Human Resources Association and the American Organization of Nurse Executives are urging the National Labor Relations Board to abandon or significantly modify its proposed rule for representation case procedures.

The NLRB published a notice of proposed rulemaking that would change the entire election process from petition to certification. Proposed changes include deferring the resolution of most voter eligibility questions until after an election; consolidating all election-related appeals into a single post-election process; and making the now-mandated NLRB review of post-election decisions optional.

Aside from the burdens and practical problems the proposed rule would pose for hospitals, AHA, AONE and ASHHRA criticize NLRB's rulemaking process, arguing the Board "engaged in a process that is unwarranted, unprecedented and contrary to the current administration's rulemaking goals by denying an opportunity for full and frank dialogue on the proposal prior to the issuance of a Notice." The concerned parties are asking NRLB to provide additional time for comments.

The letter states the proposed changes would "have a significant impact on hospitals" and a revised rulemaking process is needed to reach a "better and fairer set of proposed rule changes."

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