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McMillion & Hirtensteiner, LLP - Labor News

McMillion & Hirtensteiner, LLP's Labor News charts the latest developments in labor and legal issues with regular updates published as they are released to the media.

Monday, December 17, 2007

 

First Student School Bus Workers in Arkansas, New Jersey Join Teamsters

First Student School Bus Workers in Arkansas, New Jersey Join Teamsters

WASHINGTON, Dec. 17 /PRNewswire-USNewswire/ -- First Student school bus drivers and other workers in Arkansas and New Jersey voted this month to join the Teamsters, adding two more victories in the effort to organize private school bus drivers nationwide.

In Little Rock, Ark., First Student drivers, mechanics and fuelers voted 243-3 to join Local 878. President Tim Nichols called this organizing victory the largest his local has had since 2000.

"This is not just a major victory for First Student employees, but for all central Arkansas workers," Nichols said. "Arkansas has traditionally been unfriendly to labor, and this victory means a lot to us."

In Willingboro, N.J., First Student drivers and bus aides voted 59-17 to join Local 676. With this victory, the Teamsters now represent more than 30 percent of First Student employees in New Jersey, said Local 676 President Howard Wells.

"These workers wanted a voice, and now they have one," Wells said. "They were treated with no respect and their working conditions were unbelievable, close to a third world country."

Since 2006, more than 3,600 private school bus workers have joined the Teamsters.

Founded in 1903, the Teamsters Union represents more than 1.4 million hardworking men and women in the United States, Canada and Puerto Rico.

First Call Analyst:
FCMN Contact:


Source: International Brotherhood of Teamsters

CONTACT: Donna De La Cruz of International Brotherhood of Teamsters,
+1-202-624-8721, ddelacruz@teamster.org

Web Site:

http://www.teamster.org/


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Profile: labor-news


 

Manor Care Files Motion with West Virginia Health Care Authority to Dissolve Stay and Issue an Immediate Ruling

Manor Care Files Motion with West Virginia Health Care Authority to Dissolve Stay and Issue an Immediate Ruling

Delay Costing West Virginia State Pension Fund, Other Shareholders $1 Million a Day

CHARLESTON, W.Va., Dec. 17 /PRNewswire-FirstCall/ -- Manor Care, Inc. (NYSE:HCR) today filed a motion with the West Virginia Heath Care Authority (Authority) to dissolve the stay issued to the Authority's previous decision to approve a certificate of need (CON) application regarding the sale of Manor Care to The Carlyle Group. The motion also requests that the Authority issue an immediate decision in the matter.

On December 14, 2007, the Authority held a reconsideration hearing of its previous decision to approve the CON after District 1199 of the Health Care and Social Services Union and the Service Employees International Union (SEIU) requested reconsideration. As was clear from the day's proceedings, there was no evidence to support SEIU's request for reconsideration.

"We have been and continue to be committed to providing the highest quality of care to our patients in West Virginia -- and across the country -- and we are confident this transaction will only strengthen our efforts in that area. Quick approval from West Virginia is essential," said Stephen L. Guillard, executive vice president and chief operating officer of Manor Care. "Based on the failure of SEIU to raise any legitimate legal issues during the six-hour hearing on Friday, we believe there are no grounds to maintain the stay. We are filing a motion for an immediate lift of the stay and respectfully requesting that the Health Care Authority issue an immediate decision on the transaction."

The Authority approved Manor Care's CON application on October 19, 2007, and found that Manor Care had satisfied all of the requirements set forth in the CON application. Neither District 1199 nor the SEIU chose to participate in the proceedings surrounding that CON application. On November 16, 2007, nearly the last day before the deadline for requesting reconsiderations, District 1199 requested a stay and reconsideration of the decision. The Authority granted the motion to reconsider on November 20, 2007, setting December 14 as the reconsideration hearing date.

As of the latest posting of the West Virginia Investment Management Board, which manages state pension plans, the fund holds approximately 161,000 shares of Manor Care, Inc. stock. Each day this transaction is delayed results in a monetary loss of about $1 million for Manor Care shareholders nationwide, including West Virginia pension holders.

"We respectfully request that the Health Care Authority lift the stay and approve our transaction immediately so that we can focus on our core mission -- bringing quality care to our patients in West Virginia," continued Guillard.

Manor Care, Inc., through its operating group HCR Manor Care, is a leading provider of short-term post-acute services and long-term care. The company's nearly 60,000 employees provide high-quality care for patients and residents through a network of more than 500 skilled nursing and rehabilitation centers, assisted living facilities, outpatient rehabilitation clinics, and hospice and home care agencies. The company operates primarily under the respected Heartland, ManorCare Health Services and Arden Courts names.

First Call Analyst:
FCMN Contact:


Source: Manor Care, Inc.

CONTACT: Steven M. Cavanaugh, Chief Financial Officer of Manor Care,
Inc., +1-419-252-5601, scavanaugh@hcr-manorcare.com

Web site:


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Profile: labor-news


 

Secretary of Labor Announces New Membership of OSHA's Advisory Committee on Construction Safety and Health

Secretary of Labor Announces New Membership of OSHA's Advisory Committee on Construction Safety and Health

WASHINGTON, Dec. 17 /PRNewswire-USNewswire/ -- Secretary of Labor Elaine L. Chao today announced the appointment of seven members to the 15-person Advisory Committee on Construction Safety and Health (ACCSH).

"We are fortunate to have some of the brightest construction industry professionals to assist us in our mission of improving the working conditions of employees in the construction industry," said Secretary Chao. "The expertise these committee members bring will help make our mission of a safe and healthful workplace a reality."

ACCSH originally was established under the Contract Work Hours and Safety Standards Act to advise the Secretary of Labor on policy matters and the formulation of construction standards and regulations. The Labor Department's assistant secretary for the Occupational Safety and Health Administration (OSHA) also consults with ACCSH when OSHA recommends standards for construction activities. Members of the advisory committee are selected based on their occupational safety and health knowledge, experience and affiliation with the construction industry.

"We have assembled a distinguished group of experts in the field of construction safety," said Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr. "The level of skill and experience these committee members possess will provide invaluable insight as we continue our mission of protecting the safety and health of construction industry employees."

To ensure continuity, ACCSH members, with some exceptions, serve two-year terms. Generally, the committee meets two to four times per year.

The newly appointed members are:

Representatives of Employer Interests


Thomas R. Shanahan, assistant executive director, National Association of Roofing Contractors

Daniel D. Zarletti, vice president/chief risk officer, Kenny Construction Co.

Representative of the Public
Elizabeth Arioto, Elizabeth Arioto Safety and Health Consulting Services

The reappointed members are:

Representatives of Employee Interests


Thomas L. Kavicky, safety director/assistant to the president, Chicago Regional Council of Carpenters

Frank L. Migliaccio Jr., executive director of safety and health, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers

Representatives of State Safety and Health Agencies

Kevin D. Beauregard, assistant deputy commissioner, Division of Occupational Safety and Health, North Carolina Department of Labor

Steven D. Hawkins, assistant administrator, Tennessee Occupational Safety and Health Administration

The continuing members are:

Representatives of Employer Interests


Daniel J. Murphy, vice president of construction services, Zurich North America

Linwood O. Smith, vice president of risk management and safety, T.A. Loving Co.

Michael J. Thibodeaux, consultant, National Association of Home Builders

Representatives of Employee Interests


Dale David Haggerty, director, National Construction Agreements, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers

Robert Krul, director of safety and health, United Union of Roofers, Waterproofers and Allied Workers

Emmett M. Russell, director, Department of Safety and Health, International Union of Operating Engineers

Representative of the Public

Thomas A. Broderick, executive director, Construction Safety Council and Chicagoland Construction Safety Council

Designee of the Secretary of Health and Human Services

Matt Gillen, senior scientist and construction program coordinator, National Institute of Occupational Safety and Health

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.


First Call Analyst:
FCMN Contact:


Source: Occupational Safety and Health Administration

CONTACT: Sharon Worthy, +1-202-693-4676, or David Sims, +1-202-693-1898,
both of U.S. Department of Labor


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Profile: labor-news


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