Seniors Housing Business

AUG-SEP 2015

Seniors Housing Business is the magazine that helps you navigate the evolution of the seniors housing industry.

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Page 28 of 87 29 August-September 2015 n Seniors Housing Business News analysis +1.800.837.5100 • K A T H R Y N B U R T O N G R A Y J A M E S D . S C R I B N E R D A N I E L J . H I L L J A S O N D . S M E C K L E E S . D E L A V E R I S A D A M B . S H E R M A N for Meet THE FACE OF LENDING Seniors Housing Healthcare & A CAPITAL EXPERIENCE AT THE 25TH NIC NATIONAL CONFERENCE Financing Communities: Independent Living | Assisted Living Memory Care | Skilled Nursing Challenge to shortened union procedures fails in court Washington, D.C. — The new unionization procedures enacted by the National Labor Relations Board (NLRB) in April have sur- vived a legal challenge. The U.S. Chamber of Com- merce brought the challenge in federal district court in D.C. on several grounds, but the court ruled against the Chamber so the rules will stay in effect. The recent rule changes include several new procedures, but the most signifcant conse- quence was short- ening the amount of time between fling an election petition for a proposed union and the date the election is held. "The chamber was seeking to invalidate the entire rule, but focused on specifc procedural changes," says Jeff Harrison, a shareholder practicing out of the Minneapolis offce of Littler, a large global labor and employ- ment law practice. Previously, there was a 25- day waiting period between the petition for a union and the elec- tion itself. The new rule The new rule shortens that time dramatically — with some elections taking place just eight to 10 days from the petition, accord- ing to Harrison. "The anticipated timeline reduction has in fact happened," says Harrison. "That should con- cern employers in any industry that want to remain union-free." Those changes included the shortened election timeline, as well as new rules requiring employers to provide the poten- tial union with more employee information than before. "The increased amount of employee information that has to be disclosed under this rule has a lot of people upset," says Harrison. "Under the old rule, the employer would have to turn over home addresses and employee names. Now that list includes names, addresses, personal phone numbers and personal e-mails." Another change the Chamber took issue with was confusion over which employees qualify as supervisors, who do not get a vote in union elections. Although this specifc chal- lenge failed, Harrison says to expect more challenges and appeals — potentially all the way to the U.S. Supreme Court — but that there are no new chal- lenges currently in the works that he's aware of. "This is an important challenge and an important negative deci- sion," says Harrison. "But I don't think people will have forgotten about this next year. Employers and even Congress will continue to push back against this rule. It's that signifcant." — Jef Shaw "The increased amount of employee information that has to be disclosed under this rule has a lot of people upset," says Jef Harrison, a shareholder practicing out of the Minneapolis ofce of Littler.

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