Hcwp.org



In This Issue NLRB Poster Delayed NLRB Election Procedures Final Rule Severance and PA UC Law OSHA Information on Winter Storm OSHA Form 300–A ?NLRB Poster Rule Delayed toApril 30, 2012The National Labor Relations Board has delayed the implementation date of its final rule requiring employers subject to the National Labor Relations Act to post a notice informing employees of their rights under the Act until April 30, 2012. The posting requirement previously had been scheduled to take effect on January 31, 2012. The Board agreed to the additional delay at the request of the federal court in Washington, DC that is hearing a legal challenge regarding the rule. Under the rule, failure to post the notice may be an unfair labor practice and, in certain circumstances, may toll the statute of limitations for filing unfair labor practice charges against an employer.? NLRB Issues Final Rule on Expedited Election ProceduresThe National Labor Relations Board (NLRB) has adopted a final rule amending its rules and regulations for filing and processing petitions for union representation elections. The rule was published in the December 22, 2011 Federal Register and takes effect on April 30, 2012. The U.S. Chamber of Commerce's National Chamber Litigation Center and the Coalition for a Democratic Workplace have filed a federal lawsuit claiming the final rule violates the National Labor Relations Act, Administrative Procedure Act, Regulatory Flexibility Act, and free speech and due process constitutional rights. Included in the rule are the following provisions: giving the NLRB hearing officer the authority to limit the pre-election hearing to matters relevant to the question of whether an election should be held and to decide whether to permit briefing of pre-election issues; ending the practice of delaying the scheduling of elections to permit time for a pre-election appeal; consolidating pre- and post-hearing appeals into a single post-election procedure; eliminating appeals of issues that become moot because of the election result; and giving the Board discretion to hear and decide any appeals to the election process.Severance and the PA Unemployment Compensation LawSenate Bill 1030, signed into law by Governor Corbett on June 17, 2011, amended the PA Unemployment Compensation (UC) law. Under the new law, effective January 1, 2012, a Claimant will receive "compensation in an amount equal to his weekly benefit rate less the total of . . . the amount of severance pay that is attributed to the week." The phrase "severance pay" is defined as: one or more payments made by an employer to an employee on account of separation from the service of the employer, regardless of whether the employer is legally bound by contract, statute or otherwise to make such payments. The term does not include payments for pension, retirement or accrued leave or payments of supplemental unemployment benefits. The following is excerpted from the Pennsylvania Unemployment Compensation Handbook:Severance Pay: Severance pay received by a claimant that exceeds 40 percent of Pennsylvania's average annual wage is deducted from the claimant's UC if the claimant's AB Date is on or after January 1, 2012, and the severance pay agreement between the employer and the claimant is entered into on or after January 1, 2012. The deductible portion of a claimant's severance pay is allocated to the weeks immediately following the claimant's separation based on the claimant's full-time weekly wage. Severance pay means one or more payments made by an employer to an employee on account of separation from the service of the employer.Example: A claimant receives $32,000 in severance pay. Forty percent of Pennsylvania's average annual wage ($44,616 for 2011) is approximately $17,800. Therefore, $17,800 is subtracted from $32,000 to get $14,200, which is the amount of the claimant's severance pay that is deductible. The claimant was earning $1,200 a week at the time of his separation. Accordingly, the deductible amount of severance pay is allocated at $1,200 per week to the first 12 weeks the claimant is unemployed. Because $1,200 exceeds the maximum weekly UC benefit rate, the claimant would not receive any benefits for this 12-week period.OSHA Provides Safety and Health Information on Winter Storm HazardsUnder the Occupational Safety and Health Act (OSHA), employers are responsible for the safety and health of their workers and for providing a safe and healthful workplace. As such, employers are required to protect workers from the anticipated hazards associated with winter storm response and recovery operations. OSHA has created a web page with information and resources to assist employers in meeting their obligations to workers who may encounter winter weather conditions in the course of their work.? Emergency medical response workers are among the healthcare personnel who may be subject to such weather conditions.? Time to Post the OSHA Form 300-ABeginning February 1, covered employers must post the OSHA Form 300A, which summarizes reportable injuries and illnesses for the prior year. The Form 300A posting period is February 1-April 30.? Click here for OSHA Recordkeeping Index or OSHA Recordkeeping Handbook.Hospital Council of? Western Pennsylvania?Hospital Council of Western Pennsylvania is a strategic partner with western Pennsylvania health care providers and affiliated organizations, enabling them to realize their missions while maintaining their status as economically viable entities.Visit 1-800-704-8434 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download