Issues arising under the 1974 health care amendments to the National Labor Relations Act

by Marshall B. Babson

Publisher: Wiggin & Dana in New Haven, Conn. (P.O. Box 1832, New Haven 06508)

Written in English
Published: Pages: 131 Downloads: 934
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Places:

  • United States

Subjects:

  • Collective labor agreements -- Health facilities -- United States -- Digests.,
  • Collective labor agreements -- Hospitals -- United States -- Digests.,
  • Strikes and lockouts -- Hospitals -- Law and legislation -- United States -- Digests.

Edition Notes

Statementby Marshall B. Babson, Jeanette C. Schreiber.
ContributionsSchreiber, Jeanette C., Wiggin & Dana.
Classifications
LC ClassificationsKF3409.H66 A5 1984
The Physical Object
Pagination131 leaves ;
Number of Pages131
ID Numbers
Open LibraryOL2949563M
LC Control Number84190351

Local 95 won the representation election, and Allegheny General appealed the bargaining unit issue through the Pennsylvania court system. Meanwhile, the Health Care Amendments to the National Labor Relations Act, Pub.L. No. , 88 Stat. (codified in scattered sections of 29 U.S.C.), were passed and became effective. The National Labor Relations Act and Racial Discrimination: The More Remedies, the Better?* Bernard D. Meltzert The national commitment to eliminating employment discrimi-nation based on race or other invidious criteria is now supported by a broad array of overlapping remedies. The enactment of. This provision is provided under: a. the National Labor Relations Act (NLRA). b. the Payment of Wages Act. c. Title VII of the Civil Rights Act. d. the Human Rights Act. a. the National Labor Relations Act (NLRA). The amendments to the NLRA extended NLRB jurisdiction over: the U.S. Supreme Court upheld the NLRB's health care industry. National Labor Relations Act: an overview. The focus of the traditional law of unions, which makes up the major part of the area of law known as labor law, is on workers collectively and their rights as a may be distinguished from employment law which focuses more on issues relating to the rights of individual employees. The body of law of which labor law is comprised is notable for.

John Merrell is an attorney in Ogletree’s Greenville, South Carolina office. Mr. Merrell represents and counsels management on a range of labor and employment law issues, including: Preventive employment and labor law advice, including matters arising under The National Labor Relations Act (NLRA), Title VII of the Civil Rights Act of , the Age Discrimination. After the National Industrial Recovery Act was declared unconstitutional by the Supreme Court, organized labor was again looking for relief from employers who had been free to spy on, interrogate, discipline, discharge, and blacklist union members. In the s, workers had begun to organize militantly, and in and , a great wave of strikes occurred across the nation in the form of. National Labor Relations Act, As stated above, the National Labor Relations Act was passed in in order to protect workers' civil liberties with regard to the right to seek union representation and to bargain collectively with employers. Although these rights were . One other caution: This material does not deal with questions arising under other labor laws, but only with the National Labor Relations Act. Laws administered by other Government agencies, such as the Labor-Management Reporting and Disclosure Act of , the Employee Retirement Income Security Act, the Occupational Safety and Health Act, the.

United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association".Over the 20th century, federal law created minimum social and economic rights, and. Act of , as amended (ERISA), in the main took effect on January 1, —the Court has issued merits opinions in: – argued cases and one unargued case directly involving. hospital amendments to the National Labor Relations Act (NLRA)1 and to place these amendments in the perspective of existing labor laws in the United States.2 The article will first review the legislative background of the amendments and then present a study of labor relations in the health care industry under the Act. Health Care & Retirement Corp. of America, S. Ct. (); Peter Blackman, "Challenge to Labor: Employers Hope to Capitalize on High Court ruling," New York Law Journal, Aug , p. 5.

Issues arising under the 1974 health care amendments to the National Labor Relations Act by Marshall B. Babson Download PDF EPUB FB2

Health Care Amendments Inthe National Labor Relations Act was amended to extend coverage and protection to employees of non-profit hospitals. Nonprofit hospital workers were covered by the original Wagner Act inbut were excluded in with the Taft-Hartley amendments.

The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers.

The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce.

In an effort to settle the controversy surrounding Cited by: 1. THE HEALTH CARE AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT: JURISDICTIONAL STANDARDS AND APPROPRIATE BARGAINING UNITS I. Introduction The purpose of the National Labor Relations Act (NLRA)l is to ensure the well-being of labor-management relations.

Ira M. Shepard, J.D. herein analyzes the legislative history and the substantive provisions of the Health Care Institution Amendments to the National Labor Relations Act.

The Amendments bring private, non-profit health care institutions and their employees under the coverage of the NLRA, the goal of Congress being to reach a successful Cited by: 1.

Impact of the Health Care Amendments to the NLRA on Collective Bargaining in the Health Care Industry: Author: United States.

Federal Mediation and Conciliation Service. Office of Research: Contributor: United States. Labor-Management Services Administration: Publisher: The Administration, Original from: the University of Michigan.

The National Labor Relations Act and health care institutions: the persistent paradox. Reed KA. In the wake of amendments to the NLRA, nonprofit health care institutions have been involved in a steady stream of labor relations cases.

enacting the health care amendments to the National Labor Relations Act (hereinafter called the Act). These amendments, which extend the coverage of the Labor Management Relations Act to employees of nonprofit health care facilities, reveal a growing concern in the legislature for the labor relations prob-lems which have plagued the health care.

Labor Issues Impacted by Health Care Reform to republish in a book or use for a commercial purpose) without SHRM’s permission. Under the National Labor Relations Act (NLRA), employers. Provisions set forth in the Health Care Amendments to the National Labor Relations Act guarantee continuation of adequate patient care by requiring advance strike notice and mandatory mediation, among other conditions.” The argument is made that unions help negotiate better working conditions for nurses, which helps patients.

As physicians become employees of health care systems and large medical practices, they secure rights under Section 7 of the National Labor Relations Act ("NLRA").

Among these protected rights is the right to form or join labor unions and to act. hospital amendments to the National Labor Relations Act (NLRA)1 and to place these amendments in the perspective of existing labor laws in the Unite2d Th States.e article will first review the legislative background of the amendments and then present a study of labor relations in the health care industry under the Act.

The National Labor Relations Board is an independent federal agency created by Congress in to administer the National Labor Relations Act, the primary law governing labor relations. Grantees will find this information regarding NLRA violations useful when dealing with employees and unions.

Congress enacted the National Labor Relations Act ("NLRA") in to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare. 19 See Health Care Amendments ofsupra note 2.

20 See LEG. HIST., supra note 1, at v, 21 General Counsel Memorandum“Guidelines for Handling Unfair Labor Practice Cases Arising Under the Nonprofit Hospital Amendments to the Act,” Aug.

20, (reprinted in LABOR RELATIONS YEARBOOK –at ()). The Affordable Care Act’s Section Another recent adjustment that will impact healthcare organizations is a change to the nondiscrimination provision (Section ) of the Affordable Care Act.

aspects of the NLRA, such as the activities of the National Labor Relations Board (NLRB), which implements and administers the Act.

Since the NLRA’s enactment inthe NLRB and the courts have considered a variety of issues arising under the Act. This report reviews selected decisions of the NLRB and the courts on three of them.

Health Care: Constitutional Rights and Legislative Powers Congressional Research Service 1 Health Care Rights Under the U.S. Constitution The health care reform debate raises many complex issues including those of coverage, accessibility, cost, accountability, and quality of health care.

Inthe National Labor Relations Act extended the rights and protections of collective bargaining units to employees of nonprofit hospitals, including Catholic hospitals. 3 State nursing associations launched campaigns to organize nurses to address labor and management issues through the collective bargaining process.

In this case, we decide the narrow question whether the National Labor Relations Board's (Board's) test for determining if a nurse is a supervisor is consistent with the statutory definition.

Congress enacted the National Labor Relations Act in Act of July 5,ch. 49 Stat. In the second session of the same Congress, however, the National Labor Relations Act Amendments of were enacted.

See 88 Stat. These amendments subjected all acute care hospitals to the coverage of the Act but made no change in the Board's authority to determine the appropriate bargaining unit in each case.

See ibid. NATIONAL LABOR RELATIONS ACT 35 criticism refers to Section I3 of the Act which states that "nothing in this Act shall be construed so as to interfere with or impede or diminish in any way the right to strike." This provision is neither new nor discriminatory.

The right to work is a fundamental as-sumption of the Act. 26 Racketeer Influenced and Corrupt Organizations Act, 84 Stat. () (codified as amended at 18 U.S.C. §§ – ()). 27 18 U.S.C. §§ – 28 See generally Getman & Marshall, supra note 29 See Charles J. Morris, A Blueprint for Reform of the National Labor Relations Act, 8 Admin.

InCongress passed the National Labor Relations Act, which has served as the framework for federal regulation of private-sector labor-management relations ever since.

The economic chaos of the Great Depression intensified the organized labor movement's desire for a comprehensive, national labor law that would permanently end judicial and.

AN ACT To amend the National Labor Relations Act to extend its coverage and protection to employees of nonprofit hospitals, and for other purposes. J [S] Be it enacted by the /Senate and House of Representatives of the United /States of. the duration of retiree health-care benefits means National Labor Relations Act, 29 U.S.C brief-writing association devoted exclusively to issues arising under the NLRA and related.

When the National Labor Relations Act (“NLRA”) 1 was enacted, both labor and management believed that it would pave the way for unionization and the spread of collective bargaining.

2 Unlike the National Recovery Administration, which preceded it, the Wagner Act was carefully structured to be effective. 3 Many aspects of the new law were. The National Labor Relations Act (NLRA) was passed inand later amended by the Labor Management Relations Act (LMRA), also know as the Taft-Hartley Act, in The purpose of the NLRA was to codify the federal policy favoring industrial relations stability and employee free choice.

For a more detailed explanation of these provisions, see Vernon, Labor Relations in the Health Care Field under the Amendments to the National Labor Relations Act, 70 ().

[Footnote 13] See Id. at [Footnote 14] See, e.g., the remarks of Senator Cranston, the floor manager of the bill. The National Labor Relations Board (hereinafter called the "Board") created by this subchapter prior to its amendment by the Labor Management Relations Act, [29 U.S.C.

et seq.], is continued as an agency of the United States, except that the Board shall consist of five instead of three members, appointed by the President by and with.

Inthe National Labor Relations Act extended the rights and protections of collective bargaining units to employees of nonprofit hospitals, includ-ing Catholic hospitals. 3 State nursing associations launched campaigns to organize nurses to address labor and management issues through the collec-tive bargaining process.

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical and medical device companies, home care agencies—that make up the industry itself?

As the healthcare landscape shifts, so do the risks and challenges healthcare. National Labor Relations Act Codifies Worker Protections. June 5, The National Labor Relations Act defines unfair labor practices and protects workers' rights to strike and collectively bargain.

The National Labor Relations Board is created to enforce the new law.property rights and Section 7 rights under the National Labor Relations Act. I have devoted the majority of my career to traditional labor relations and to issues under the National Labor Relations Act (“NLRA” or the “Act”).

Since serving on the Board, I have been engaged in .