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Changing the Rules: The Federal Government Makes Union Organizing Easier

First few Article Sentences

Non-unionized health care employers – especially clinics and other non-hospital employers – may feel like the government has made them a target. Reacting, some pundits think, to Congress’s failure to pass the so-called “Employee Free Choice Act,” in recent months the National Labor Relations Board has taken several steps to make it easier for unions to organize new workplaces. These new regulations, proposed regulations and new decisions will change decades-old legal principles. Free Advertising: Posting Advice About Unions.

The first of the Board’s new requirements is a regulation that obligates all employers covered by the National Labor Relations Act – essentially, all private sector employers except for very small businesses – to post a notice reciting employees’ rights under the NLRA. The notice seems designed to increase employees’ interest in unions: it is a large, multi-colored poster that discusses employees’ rights without addressing any of the drawbacks of unionization. The poster is especially troubling for health care employers because it does not describe any of the rules specific to the health care industry.

O'Connell, Timothy


Stoel Rives LLP

Law, Employment

November 7, 2011

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