Wyatt Employment Law Report

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Senate Rejects Resolution That Would Have Nullified the NLRB’s Revised Election Rules

By Edwin S. Hopson

According to a press release issued today by U.S. Senator Mike Enzi (R-Wyo.), the ranking member of the Senate Health, Education, Labor and Pensions Committee, the Senate rejected a resolution that would have nullified the NLRB’s revised union representation rules set to go into effect April 30, 2012.  The vote was reportedly 54 to 45 against adotption of the resolution. These changes will speed up the NLRB’s election process by which unions gain the certification to represent private sector employees.

Enzi stated, in part: “The NLRB will be tipping the scale with this ambush elections rule, which will go into effect next week.”

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NLRB Contemplates Major Change in Elections at Long-Term Care Facilities

By George Miller

On December 22, 2010, the National Labor Relations Board issued a news release inviting interested parties to file briefs on the issue of the appropriate composition of bargaining units in long-term care facilities.  The briefs would be filed in a pending election case in Mobile, Alabama in which the United Steelworkers petitioned for an election to represent certified nursing assistants at a nursing home in Mobile.  The employer in that case, Specialty Healthcare and Rehabilitation Center of Mobile, contends that, under current Board law, the unit must include all nonprofessional service and maintenance employees, such as dietary aides, cooks, and clerks. The NLRB Regional Director found the unit requested by the union was appropriate, and the employer has appealed that decision to the Board.