Archive for December, 2011

Update: NLRB’s Proposed Expedited Election Procedures | Employment Law

By: Nathaniel G. Lambright and Christopher P. Getaz

 

On November 30, 2011, the National Labor Relations Board voted to approve a resolution by the Board’s Chairman, Mark G. Pearce, for new rules to expedite election cases. Many employers and conservative pressure groups reacted to the initial proposal and the recent vote with vitriol and calls for the one Republican member, Brian Hayes, to resign from his post. After Member Hayes threatened to resign, the Board’s Inspector General launched an investigation into whether Member Hayes was unduly influenced to issue his threat. As gridlock grinds governmental functions in DC to a near standstill, it is important to sweep the rhetoric aside and determine what Chairman Pearce’s resolution really means for future election cases.

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Proposed Rule Under Health Care Reform Regarding Summary of Benefits and Coverage May Be Delayed

On August 22, 2011, the Departments of Health and Human Services, Labor and Treasury issued a proposed rule under the Patient Protection and Affordable Care Act (“PPACA” or the “Act”) that mandates group health plans and health insurance issuers to provide participants with a uniform summary of benefits and coverage (“Summary”). The effective date for the proposed rule is presently March 23, 2012. On November 17, 2011, the Department of Health and Human Services posted a statement on its website advising that the proposed rule may be delayed.

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Perb Finds that Proposed Procedure for Certain General Municipal Law 207-C Adjudications is Mandatory Subject of Bargaining | Employment Law

In a recent opinion, PERB reviewed the County of Chemung and the Chemung County Sheriff’s (“Joint Employer”) arguments that the Chemung County Sheriff’s Association’s (“Association”) proposed General Municipal Law Section 207-c procedure was non-mandatory, and therefore not subject to compulsory interest arbitration. PERB concluded that the proposal was a mandatory subject of bargaining because it did not require de novo review of the Joint Employer’s initial determination, but only provided that the hearing officer’s decision would be binding. This case has state-wide importance to police and firefighter unions that have or are seeking to negotiate General Municipal Law Section 207-a or 207-c procedures.

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