Posts Tagged ‘NLRB’

News Roundup: Health Wonkery, DBA, NLRB ruling, and more

Thursday, October 5th, 2006

Health Wonk Review – Joe Paduda hosts Health Wonk Review – the Harvest Moon Edition – a meaty issue with lots ‘o links to substantive posts. With 57 percent of the claims dollar going to medical costs, we are inextricably linked to the larger health-care market. HWR is a good way to keep an eye on the trends.
Additions to the blogroll We’re adding a few links to our blogroll in the sidebar: Labor and Employment Law Blog by George Kittredge and The HR Lawyer’s Blog by Texas labor and employment attorney Christopher J. McKinney – both are worth checking out.
Absolute Shocker of the Week – Worksafe Victoria’s construction safety program publishes weekly photos of dangerous construction work sent in by inspectors and subscribers so that they can be used for safety training or tool-box meetings. Safteng.net hosts and archives these Weekly Shockers and Bodgey Scaffolding photos.
Defense Base Act (DBQ) – The Defense Base Act extends workers’ compensation benefits to employees working for private employers affiliated with the military or certain government-related business outside the continental. Learn more about coverage and 10 Things You Should Know About the DBA. Actually, the article lists 17 things you should know. Regardless of the number, it’s a good overview.
Topical funThe Drugs I Need – an amusing animated music video clip about prescription drugs by the Austin Lounge Lizards.
NLRB rulings – Jordan Barab provides an in-depth analysis of the National Labor Relations Board’s recent Kentucky River rulings from the labor perspective. The rulings set parameters about who is considered a manager and who is considered an employee. Jordan discusses how this ruling excludes millions of workers – notably nurses – from union membership. He quotes extensively from the dissension offered by two Board members. Wilma Liebman and Dennis Walsh.

“Liebman and Walsh point out that the legislative history of the act distinguished between real supervisors “vested with such genuine management prerogatives as the right to hire or fire, discipline, or make effective recommendations with respect to such action ” and “straw bosses, leadmen, set-up men, and other minor supervisory employees.”

“… Walsh and Liebman note that unlike real supervisors, charge nurses do not have the ability to hire, fire or discipline, nor do they have any formal role in the employee grievance process. In addition, they spend the vast majority of their time in line work “a fact that strongly tends to establish their status as s minor supervisory employees.”

“… Today’s decision threatens to create a new class of workers under Federal labor law: workers who have neither the genuine prerogatives of management, nor the statutory rights of ordinary employees. Into that category may fall most professionals (among many other workers), who by 2012 could number almost 34 million, accounting for 23.3 percent of the work force.”