Labor Relations Today

NY High Court Decision Could Push Employers Toward Zero Tolerance: Pete Brush of Law360 ($$) reports that yesterday New York's highest court upheld an arbitration decision reinstating a unionized school bus driver who was fired after testing positive for marijuana. Experts believe that the court's decision could compel public employers to insert "zero tolerance" language regarding the use of illicit substances.

"Some districts do have zero tolerance policies," [the driver's attorney] said. “I'm sure this district will now try to negotiate with the union to get a zero tolerance policy. If it's a solid policy, negotiated with the union, then everyone is on the same page.”

A spokesperson for the school district stated that they were disappointed with the court's decision.

Nurses File ULP Alleging Secret Neutrality Agreement: TheSuburbanite reports that two Ohio nurses have filed charges with the National Labor Relations Board, complaining that an August vote to unionize nurses at Affinity Medical Center an Ohio was tainted. The nurses have alleged that the National Nurses Organizing Committee (NNOC) and Affinity engaged in a secret "neutrality agreement" wherein the two parties negotiated bargaining concessions at the expense of hospital employees. A spokesman for the NNOC lambasted the nurses' claims: 

“The claims (the foundation) makes in that release are manufactured, wholly without merit and ludicrous,” Idelson said. “The notion that the company is aiding the nurse’s union is absurd on its face.”

The nurses are hoping that the court will not order Affinity to negotiate with the NNOC, because " the union lacks the true and uncoerced support of a majority of employees," according to the complaint.

KAISER Schedules Another Vote: The Press-Enterprise reports that almost 45,000 Kaiser Permanente employees in California will decide whether they will be represented collectively by a union in April, according to a National Labor Relations Board spokesperson. 

The employees are deciding on whether to remain represented by the SEIU or to jettison their current union in favor of the National Union of Healthcare Workers. Of course, the employees could also vote to become unrepresented.