The new NLRB joint employer rule, which takes effect on February 26, 2024, significantly expands the definition of joint employer status under the National Labor Relations Act (NLRA). Under the new rule, two or more employers are considered joint employers of a group of employees if they share or codetermine the essential terms and conditions of those employees’ employment.
The National Labor Relations Board (NLRB) issued a decision August 25th in Cemex Construction Materials Pacific, LLC, which immediately imposes a new framework that greatly expands the Board’s ability to impose unions on employees without a secret ballot election. In addition, the NLRB recently changed the election process and reinstated “quickie” elections that will take effect December 26, 2023. Employers must prepare now to avoid card check recognition and bargaining orders.
Residents, interns, and fellows – also known as the house staff in a hospital – are unionizing across the United States. Once the pandemic started, the rate of organizing increased threefold and is expected to accelerate in 2023.
House staff are primarily joining the Committee of Interns and Residents (CIR), which is a local of the Service Employees International Union (SEIU). The CIR/SEIU represents approximately 15 percent of house staff in the U.S. (over 24,000 residents, interns, and fellows) in more than 60 hospitals coast to coast.
Understanding the needs of your workforce for current and accurate information is key when addressing any crisis, such as the 2022 Monkeypox Outbreak. The monkeypox outbreak in 2022 is cause for concern. However, with the right employee communication strategy in place, your organization can be prepared to communicate and react quickly.
Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), challenges the legality of employers’ mandatory union discussion meetings, breaking a 75-year precedent. In Memorandum 22-04, issued on April 7, 2022, Abruzzo outlines her position and prepares a formal brief for the Board. The memo, while not altering existing case law, may influence the Democratic-majority Board to rule such meetings unlawful in the future. This potential ruling could lead to U.S. Circuit Court of Appeals appeals, involving constitutional and NLRA Section 8(c) issues. Abruzzo also urges the Board to ensure employers clarify the voluntary nature of attendance at such meetings, asserting that mandatory meetings infringe on employees’ Section 7 rights. A brief in a case involving Cemex and the International Brotherhood of Teamsters further illustrates this shift. Employers are advised to reassess labor readiness, enhance communication, provide updated labor relations training, and seek legal advice. The IRI emphasizes staying informed about evolving labor laws, urging employers to rethink strategies. The IRI Alert content is not legal advice, and professional legal counsel should be sought before acting on received information.
Healthcare organizations globally are grappling with the challenges posed by the COVID-19 pandemic, with hospitals and healthcare workers at the forefront of the response. Some unions, such as the Michigan Nurses Association, are accused of exploiting the situation to advance their agendas, using COVID-19 anxiety to organize and gather information. The California Nurses Union and National Nurses United are actively criticizing healthcare employers, conducting surveys, and sending letters to health authorities. Media outlets have reported on these activities, with specific criticism directed at UC Davis Medical Center. The alert advises healthcare organizations to act promptly by updating policies, communicating clearly with employees and patients, and monitoring union activities to respond effectively. Legal counsel is recommended for addressing potential labor relations issues.