WALA News for Nov 12, 2008
- HFS 83 Moving Forward
- UNIONS and EMPLOYEE FREE CHOICE ACT
- Wisconsin State Budget Picture Gets Worse
1. HFS 83 Moving Forward
Note - the publishing of the final HFS 83 rule has not yet occurred but details are below. We expect it to be published soon.
We were informed on Tuesday that the rule is expected to leave the Secretary's office in early December. If that happens, it may be published in January 2009 and then it is expected to go into effect April 1, 2009. You can imagine how tickled we would be with that date to begin implementation! At that time, the rule is in effect and the implementation as laid out in the Final Proposed Rulemaking Order will begin - which in most cases is immediately. There is a provision to allow 12 months to implement the new training requirements and a few other items that have different timelines.
For additional information, check out the WALA's "ALL about HFS 83 Re-Write" webpage which includes items you can review now to begin to prepare. We encourage you to begin now.
And lastly, since HFS 83 stands for Health and Family Services and HFS no longer exists, we expect the new department name, Department of Health Services to be used; hence it may be called DHS 83. Stay tuned.
2. UNIONS and EMPLOYEE FREE CHOICE ACT
As a WALA member, we are pleased to pass you information from our national organization, ALFA. With the increased likelihood that the Employee Free Choice Act (EFCA) will have new life in the new administration, ALFA and WALA have more information for you. The first is a set of steps you can implement now, "EFCA is Coming: What Should Assisted Living Organizations Do Now?"
And you are invited to participate in a webcast, "Preparing for EFCA." This free Webinar will be conducted on Thursday November 13th at 11 am central time to discuss EFCA's likely provisions, implications, timing and what your organization can do now to prepare for it.
To register please e-mail Jackson Lewis, ALFA's labor experts, at efcainfo@jacksonlewis.com and include your name, title, company and mailing address. Do not register via WALA. This will be the first in a series of Jackson Lewis Webinar updates and additional seminars for the employer community on coming changes under the new administration. This Webinar is intended for bona fide management representatives. Jackson Lewis reserves the right to make the final decision about participation.
In its most recent form, EFCA:
- Effectively eliminates the private ballot in union elections, certifying a union if a majority of employees signs authorization cards - irrespective of whether employees knew what they were signing, were pressured, were promised an election or had the facts to make an informed decision.
- Imposes binding arbitration in the event a first collective bargaining agreement cannot be reached within 120 days. An arbitrator - who, at least initially, may know little or nothing about your business - would decide the wages, hours, work rules and all terms and conditions of employment at your facility. Similar arbitration requirements proved devastating to business when imposed on Canadian employers.
- Expands penalties for violations of the National Labor Relations Act, including penalties of up to $20,000 per offense, treble back pay, and increased use of injunctions to remedy alleged violations.
3. Wisconsin State Budget Picture Gets Worse
Current Fiscal Year Faces a $500 Million Deficit -- Budget Deficit for 2009-2011 Biennium Could Exceed $5 Billion
Governor Doyle announced Nov 11 that the state may face at least a $5 billion deficit in the next 2009-2011 biennial budget. In addition, Governor Doyle stated that the state may be facing a $500 million deficit in the current fiscal year (July 1, 2008 - June 30, 2009). The administration had warned in mid-October that the state deficit was roughly $3 billion.
