Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

NLRB Ruling re: Private University Labor Update

Private University Labor Update

Graduate students employed by private universities are permitted to unionize under federal law.

On Tuesday, August 23, 2016, the National Labor Relations Board (“NLRB” or “Board”) issued a 3-1 decision in Columbia University that student assistants working a private colleges and universities are statutory employees covered by the National Labor Relations Act. The decision reverses the NLRB’s decision in Brown University 342 NLRB 483.

The NLRB had long held that students who teach at private universities were not employees. In 2000, a Democrat laden Board altered the NLRB’s principle in New York University, 332 NLRB 1205 (NYU) when it held that graduate assistants were employees. In 2004, a Republican led Board in Brown University reconsidered NYU and concluded that the 25-year precedent was correct, and that NYU should be overruled.

The NLRB has swung back to a Democrat majority. That majority reversed Brown University saying it “deprived an entire category of workers of the protections of the Act without a convincing justification.”

What does it mean for Private Universities?

The authority to define the term “employee” rests primarily with the NLRB absent an exception within the National Labor Relations Act. For as long as the Board maintains a Democrat majority, graduate assistants will be employees under the NLRA and eligible for all collective bargaining rights.

Being recognized as “employees” gives graduate students the right to organize and collectively bargain the terms and conditions of employment. The main terms and conditions will likely be wages/stipends, health coverage (including family coverage), hours of work, holidays, and paid/unpaid leaves of absence.

The main concern that private university employers may face is an overreaching organizational campaign. All graduate students are not equal, and an employer can challenge the appropriateness of a collective bargaining unit under a “community of interest” evaluation. In determining the community of interest, the similarity in hours, wages, benefits, skills, supervision, terms of employment are the most indicative of mutual interest.

For additional information, please contact the Labor and Employment team.  John N. Childs at (330) 253-1946, Jeffrey C. Miller, at (216) 287-5265.

El Contrato Escrito: La Herramienta Predilecta

No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”