CHA believes that patients, employees, hospitals/health systems and the public are best served when management and employees work directly with each other. If employees of an organization vote to be represented by a third party in a lawful election, it is the responsibility of management to work with the elected representative in accordance with applicable laws.
While federal law generally governs labor relations of private employers, state law may touch on some issues, such as property rights. For public employers, California state law takes precedence. Thus, it is important to keep abreast of developments on both state and federal levels to ensure compliance.
Last week, Rep. Tim Walberg (R-MI) introduced H.R. 3633, the Protecting Health Care Providers from Increased Administrative Burdens Act, which would prevent the Office of Federal Contract Compliance (OFCCP) from extending jurisdiction over hospitals based solely on the fact that the hospital delivers health care services to individuals who are covered by TRICARE, FEHBP or another federal managed care program. In conjunction with the bill’s introduction, the House Subcommittee on Worker Protections held a hearing on the issue. F. Curt Kirschner, on behalf of the American Hospital Association, delivered compelling testimony outlining the history of OFCCP’s “jurisdictional grab” and its adverse impact on hospitals. Subsequent to the hearing, ranking member Joe Courtney (D-CT) signed onto the bill.
Now that the bill has bipartisan support, more members cosponsoring it will increase its chances of passing. CHA encourages members to contact their congressional representatives and urge them to cosponsor the bill. For congressional members’ contact information, visit www.house.gov/writerep.
Attached is a copy of H.R. 3633, along with a fact sheet developed by the House Committee on Education and the Workforce.
The U.S. Court of Appeals for the Fifth Circuit recently invalidated the controversial D.R. Horton, Inc. decision issued by the National Labor Relations Board (NLRB) last year. The NLRB’s decision concluded that an arbitration agreement requiring employees to waive their right to maintain joint, class, or collective employment-related actions violates Section 8(a)(1) of the National Labor Relations Act (NLRA). The Fifth Circuit rejected that conclusion, following the U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion (2011). Although the Fifth Circuit’s decision is not binding in California, it is nonetheless good news for California employers.
On August 18, the Acting General Counsel for the National Labor Relations Board issued a report summarizing several social media cases handled by the Board in the past year. The report presents recent case developments arising in the context of today’s social media. Social media include various online technology tools that enable people to communicate easily via the internet to share information and resources.