Are the NLRB's Proposed Labor Union Rules Bad for Healthcare Organizations?
President Barack Obama’s National Labor Relations Board (NLRB) has labor unions on the mind. The group has been cleaning up old rules and working on new ways to revitalize organized labor, and some experts say the some of the new proposed rules could be unfair to employers.
Last month, a new NLRB rule was handed down that requires employers to post employee union rights in most workplaces. There were also decisions made on three cases that upend venerable standards on how labor unions can be formed.
Healthcare systems will be most affected by the decision in one particular case that involves Specialty Healthcare and Rehabilitation Center of Mobile, AL. The ruling tossed out a 20-year-old rule that gave a specific definition of how new bargaining units could be formed in outpatient clinics, long-term care facilities and other healthcare settings.
Under the new ruling, unions can self-define small bargaining units in non-acute facilities, which some industry watchers say favors union organizers.
The changes don’t seem to be stopping here, though.
In June, the NLRB held its first substantive rulemaking process in years, and the board is said to be actively reviewing public opinion on the topic. As we understand it, the NLRB is discussing changes to union elections, both in how they’re conducted and the rules involved. The board is also focusing on making the voting process faster and less controversial.
Labor union officials say that the changes taking place will create much-needed improvements in a process that employers often exploit to prevent or delay employees from organizing. Some employers have also notoriously spread misinformation about unions in order to prevent them from forming.
Of course, opponents of the proposed 10-day “quickie” elections and the postponement of pre-election litigation could give unions an unfair upper hand or even allow them to organize in secret to launch a sort of “sneak attack” on employers.
In a live testimony in front of the NLRB, the American Hospital Association (AHA) went on record as being strongly opposed to the proposed amendments. The AHA also submitted a 29-page comment letter to the board that reiterated its position.
While there’s not currently a deadline for the NLRB’s decision, most experts say they expect a decision by the end of the year since the board will likely drop down to two members from the required five, losing its legal authority to act, unless Congress takes action before then.
Board members are appointed by the president and confirmed by the Senate.
A semiannual labor activity report from IRI Consultants and the AHA’s American Society for Healthcare Human Resources Administration found that labor unions held 264 elections last year, winning more than 70 percent of them. And in the first half of 2011, 85 elections were held and the union won 75 percent.
Established hospital unions have been going public with their battles with healthcare administrators, especially regarding labor contracts and whether they should stipulate nurse-to-patient ratios. Nurses in several states have walked off their jobs or launched strikes in record numbers.
Among the most controversial changes the NLRB is considering is the elimination of several pre-election hearings and deadlines that will allow the unions to hold secret-ballot elections within 10 to 21 days of the presentation of a petition for election.
The average time from petition to election was 31 days in FY2010, but some elections lasted several months because they were delayed by litigation.
The proposed rules would require that unions give employers five working days to prepare their comprehensive response, or “statement of position” form that would be presented to the NLRB before the initial representation hearing. Employers would need to analyze the election petition and state their arguments during that time. They would also be required to waive any objections they don’t raise in the initial filing, including challenges to membership of the bargaining unit.
How do you feel about the proposed rules? Do you think the NLRB will approve the rule changes as proposed? Tell us in the comments!
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