The U.S. Occupational Safety and Health Administration (OSHA) recently declared its intent to increase its enforcement efforts in the healthcare industry at in-patient care facilities such as nursing homes, hospitals, and residential care centers. OSHA decided to indefinitely continue its emphasis program on nursing and residential facilities and to allocate more resources to the healthcare…

The Sheet Metal Workers Local 19 petitioned the NLRB to represent employees employed solely by Miller & Anderson, temporary employees employed solely by Tradesmen International, and temporary employees employed jointly by Miller & Anderson and Tradesmen International. Under Board law in Oakwood Care Center, the unit combining temporary employees and regular employees of a sole…

We have shared our ongoing concern over the NLRB’s new ambush election rules, and recent statistics show that these concerns are warranted. The impact of the new election rules – fondly called the “ambush” election rules – is even worse than anticipated. During the first month the rules were in effect, there was a 17%…

Companies need to be conscious of when employees are permitted to have union representation because the consequences of unlawfully denying union representation can be grave. Employee Andrew Smith was called into an interview with DuPont Company the day after he reported a workplace fall. DuPont had disciplined Smith just one year earlier for dishonesty and…

A buffet attendant at a casino went on break from 3:30 to 4:00 immediately before her shift ended at 4:00. Employees whose shifts were ending at 4:00, including the buffet attendant, began gathering in the hallway where the time clock was located a minute or two before 4:00. The employee took advantage of the “captive…

Companies and the labor lawyers that represent them have been holding out hope that a court would overrule the National Labor Relations Board’s recently implemented ambush election rules, but our hopes are dashed. The ambush election rules are here to stay. Various lawsuits challenging the new election rules were filed, but courts have consistently upheld…