Ellen Shadur Gross

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Today’s Special: What May Be on Your Hospital Cafeteria Menu Soon

By Ellen Shadur Gross on Posted in Uncategorized
On November 14, 2014, an Administrative Law Judge fired another round in the continuing skirmish between the National Labor Relations Board (NLRB) and the federal courts over the rights of union representatives to enter an employer’s property to conduct organizing activity. UPMC and its Subsidiary UPMC Presbyterian Shadyside and SEIU Healthcare Pennsylvania CTW just might signal … Continue Reading

Massachusetts Nurses Association Battles Hospital Over Influenza Vaccine

By Ellen Shadur Gross on Posted in Uncategorized
On September 22, 2014, the Massachusetts Nurses Association (MNA) filed a complaint in Massachusetts Superior Court seeking an injunction against implementation of a new mandatory influenza vaccination policy by Brigham & Women’s Hospital (BWH). According to a recent article in the Boston Globe, BWH has a much lower influenza vaccination rate (77 percent) than other … Continue Reading

Rules of the Road Change for Government Contractors

By Ellen Shadur Gross on Posted in Uncategorized
On July 31, 2014, with a stroke of his pen, President Obama promulgated new rules targeting government contractors who commit “serious,” “repeated,” “willful” and “pervasive” violations of laws regulating the workplace. The executive order also will change government contractor payroll practices and will limit the use of predispute mandatory arbitration agreements. Even before the new … Continue Reading

TRICARE: DOL Announces 5-Year Moratorium on Affirmative Action Compliance Audits

By Ellen Shadur Gross on Posted in Uncategorized
Previous Health Law Updates reported on the efforts of the U.S. Department of Labor (DOL) to apply equal employment opportunity mandates to providers that subcontract to provide healthcare services for TRICARE beneficiaries. The DOL had successfully litigated the issue and was moving full speed ahead with compliance audits conducted by the Office of Federal Contract … Continue Reading

Northwestern Football Players and Academic Medical Centers: The Other Shoe Has Dropped

Photo of Marc AntonettiBy Ellen Shadur Gross and Marc Antonetti on Posted in Uncategorized
Editor’s Note: The following Executive Alert was published by members of BakerHostetler’s Labor Relations team. In a move that has surprised many, but not all, National Labor Relations Board (NLRB)-watchers and collegiate football fans, Chicago-area NLRB regional director Peter Sung Ohr has determined that Northwestern University (Northwestern) football players who receive grant-in-aid are employees of … Continue Reading

That Persnickety and Persistent NLRB

By Ellen Shadur Gross on Posted in Uncategorized
As has been reported in previous editions of the Health Law Update, National Labor Relations Board (NLRB)-watching now is a required activity for all employers—union and nonunion alike. On February 25, 2014, NLRB General Counsel Richard Griffin published a list of substantive questions that must be submitted to the Division of Advice in Washington, D.C., … Continue Reading

Academic Medical Centers: Musings on the Lives of College Football Players and Hospital House Staff

By Ellen Shadur Gross on Posted in Uncategorized
It has been said that there is a fine line between genius and insanity – both are marked by their ability to see connections where others see only differences.  The recent filing of a representation petition on behalf of Northwestern University football players has been received with much shrugging of shoulders. (NLRB Case 13-RC-121359). The … Continue Reading

Take Two Aspirin and Call Me in the Morning: Avoiding Labor Relations Headaches With ACOs

By Ellen Shadur Gross on Posted in Uncategorized
The Accountable Care Organization (ACO) offers the promise of shared savings when the ACO delivers high-quality healthcare more cost effectively. Without question, ACOs will change the way healthcare providers do business. For the employer with a unionized workforce, however, the promise of the ACO will wither if the employer is unable to implement necessary operating … Continue Reading

NLRB’s Heavy Hand Against Wal-Mart Has Implications for Healthcare Providers

By Ellen Shadur Gross on Posted in Uncategorized
On November 19, 2013, the National Labor Relations Board (NLRB) announced that its general counsel has authorized the issuance of multiple complaints against Wal-Mart Stores, Inc. (Wal-Mart) over a variety of statements made and acts taken by Wal-Mart on or around November 22, 2012, the infamous “Black Friday” when Wal-Mart employees participated in various job … Continue Reading

DOL Continues Effort to Subject TRICARE Providers to Federal Equal Employment Opportunity Audits

By Ellen Shadur Gross on Posted in Uncategorized
Previously, we reported how the U.S. District Court for the District of Columbia found in UPMC Braddock v. Harris that providers of healthcare services are subject to federal equal employment opportunity mandates applicable to government contractors and subcontractors. Today, more than six months later, that decision continues to have legs. Indeed, a recent decision by … Continue Reading
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