I recently provided insight for a Modern Healthcare article about health system M&A transactions and how these companies navigate merging with unionized workplaces. The article references various regulatory hurdles a company may endure when acquiring or merging with a unionized workforce that may be a deterrent in a potential transaction. However, some argue there are opportunities in this situation.
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Union Organizing and Collective Bargaining
Government Contracts Labor & Employment Developments – Part 1
While we are still in the first half of 2022, it has already been a busy year in terms of labor and employment developments for government contractors. For any companies doing work for the federal government, whether as prime contractors or as subcontractors, it can be challenging to keep up with the perpetually changing requirements, particularly when the changes occur this quickly.
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Union Labor or Bust! Project Labor Agreements Now Required for Large Federal Construction Projects
On February 4, President Biden signed the Executive Order on Use of Project Labor Agreements for Federal Construction Projects, which mandates, with limited exceptions, that contractors and subcontractors working on federal construction projects valued at $35 million or more agree that for that project, the companies will “become a party to a project labor…
Employers Beware – Union Neutrality Requirements in New Stimulus Package
By Tim K. Garrett on
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the new stimulus package recently passed by Congress, includes a “union neutrality” mandate for mid-sized employers who accept loan proceeds. This union neutrality commitment would be in place for the life of the loan. Mid-sized employers are defined as those with 500 to 10,000 employees.
For many years, to assist their organizing efforts, unions have demanded of certain multi-state employers that they commit to “stay neutral” in union organizing campaigns at other company sites. Such neutrality demands have included asking the employer not to express opinions which disfavor the union’s organizing efforts, or not to hold captive audience speeches during the union’s organizing drive, or to accept a showing of majority status by way of checking authorization cards (i.e., that the employer not demand a secret-ballot election to determine if the union has majority support).…
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Federal Judge Issues Final Ruling Striking Down Overtime Rule
Texas Federal Judge Amos Mazzant has issued a final ruling striking down the overtime rule. In the August 31 ruling, Judge Mazzant used essentially the same reasoning on which he based his temporary injunction ruling. In light of this final decision, the appeal of his temporary injunction likely becomes moot. In addition, Judge Mazzant made clear that he is not finding that the DOL is prevented from ever using a particular salary level, but rather is invalidating this particular rule as going “too far” in essentially eliminating those who perform exempt duties but make less than the high salary threshold.
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Strike or No Strike, Labor Disputes Can Take a Toll on Hospital Finances
By Tim K. Garrett on
Bass, Berry & Sims attorney Tim Garrett provided insight into the financial and administrative impact that hospitals encounter as a result of worker strikes and disruptions in work activity. Tim discussed the speculative nature of predicting the costs associated with such disruptions and the logistical challenges hospitals face from an administrative standpoint. In the article,…
After NLRB Gives Job Back To Worker Fired For Racism On Picket Line, Appeal Follows
Bass, Berry & Sims attorney Tim Garrett discussed a case pending before the U.S. Court of Appeals for the Eighth Circuit relating to a striking employee’s termination for yelling racist comments at replacement workers. Although the employee’s firing was upheld by an arbitrator, an administrative law judge (ALJ) did not defer to that ruling and…
UAW Wins Vote Among ‘Cherry-Picked’ Unit of Maintenance Workers
By Tim K. Garrett on
The United Auto Workers (UAW) is celebrating a rare win among Southern auto plants, after a small unit of maintenance workers at the Volkswagen plant in Chattanooga, Tennessee voted to unionize. The unit makes up only 12% of the 1,400 production and maintenance workers, and they voted 108-44 in favor of the UAW. VW is…
Northwestern Football Players’ Unionization Drive Halted
In a ruling on August 17, 2015, the National Labor Relations Board (NLRB) decided that it should not exercise jurisdiction over the unionization attempts by Northwestern football players. The NLRB “punted” the issue and declined to decide whether the football players were employees permitted to unionize under the National Labor Relations Act.
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Board Finalizes New Rule Modifying Union Election Procedures: A Brief Summary of Provisions
On December 12, the National Labor Relations Board (the “Board”) finalized a new rule amending its representation case procedures. Employers should be aware of how the new rule will affect union organization in the workplace. The rule is aimed at “streamlining and modernizing” union election procedures so as to “expeditiously resolv[e] questions of representation.” The…