The Department of Labor has released a proposed rule that would (a) expand the obligations of employers and labor relations consultants and (b) speed up the time between filing a petition for union representation and holding an election, requiring them to disclose agreements or arrangements to persuade employees about the right to organize, according to reports from AHA News Now.
The proposed rule would expand the obligations of employers since it defines "advice" as "an oral or written recommendation regarding a decision or a course of conduct," thereby narrowing the range of activities exempt from reporting. Under the rule, reporting would be required for a broad range of activities, including a consultant's provision of a script, letter, videotape or other materials used to communicate with employees about unionization.
The rule would also change the process for filing and processing petitions for union representation by deferring resolution of voter eligibility questions until after the election. It would also consolidate all election-related appeals into a single post-election process and make board review of post-election decisions discretionary — not mandatory. These changes would essential speed up the time between filing a petition and holding an election.
American Hospital Association President and CEO Rich Umbdenstock said "the NLRB seems determined to create an environment that would favor unions," according to the report. By speeding up the time between petitions and elections, Mr. Umbdenstock noted that employers may be rushed ahead to make decisions not completely informed.
Lawrence Hughes, assistant general counsel for American Hospital Association, has said the proposed rule is unclear for employers. "The definition of what triggers reporting in the proposed rule is so confusingly broad that it could include the AHA's distributing general information and other resources to help our hospital members educate their boards, managers and employees about union organizing," he said in the report.
The Department of Labor is accepting comments on the proposed rule until Aug. 22.
Related Articles on Hospitals and Unions:
5 Considerations for Hospitals Facing Union Organization
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The proposed rule would expand the obligations of employers since it defines "advice" as "an oral or written recommendation regarding a decision or a course of conduct," thereby narrowing the range of activities exempt from reporting. Under the rule, reporting would be required for a broad range of activities, including a consultant's provision of a script, letter, videotape or other materials used to communicate with employees about unionization.
The rule would also change the process for filing and processing petitions for union representation by deferring resolution of voter eligibility questions until after the election. It would also consolidate all election-related appeals into a single post-election process and make board review of post-election decisions discretionary — not mandatory. These changes would essential speed up the time between filing a petition and holding an election.
American Hospital Association President and CEO Rich Umbdenstock said "the NLRB seems determined to create an environment that would favor unions," according to the report. By speeding up the time between petitions and elections, Mr. Umbdenstock noted that employers may be rushed ahead to make decisions not completely informed.
Lawrence Hughes, assistant general counsel for American Hospital Association, has said the proposed rule is unclear for employers. "The definition of what triggers reporting in the proposed rule is so confusingly broad that it could include the AHA's distributing general information and other resources to help our hospital members educate their boards, managers and employees about union organizing," he said in the report.
The Department of Labor is accepting comments on the proposed rule until Aug. 22.
Related Articles on Hospitals and Unions:
5 Considerations for Hospitals Facing Union Organization
10 Recent Nursing Strikes, Lawsuits and Unionizations at U.S. Hospitals
13 Legal Issues for Hospitals and Health Systems