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.
Earlier this week, the U.S. Senate confirmed five members to the National Labor Relations Board (NLRB). Without this action, the NLRB would have lost its quorum of three members late next month, jeopardizing its ability to function. All five new members will serve for the remainder of President Obama’s term. The new board includes:
Democrat Mark Pearce (NLRB chair since 2011 and former attorney representing unions in private practice);
Democrat Kent Hirozawa (chief counsel to Mark Pearce);
Democrat Nancy Schiffer (a long-time union attorney, who has worked for AFL-CIO and UAW);
Republican Phil Miscimarra (labor attorney representing management and a partner with Morgan Lewis); and
Republican Harry Johnson (labor attorney representing management and a partner with Arent Fox).
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.