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Showing posts with label North Carolina. Show all posts
Showing posts with label North Carolina. Show all posts

Thursday, January 16, 2014

NLRB Office of the General Counsel Issues Complaint against Walmart

The National Labor Relations Board (NLRB) Office of the General Counsel has issued a consolidated complaint against Walmart alleging that the company violated the rights of its employees as a result of activities surrounding employee protests in 13 states.

The Office of the General Counsel informed Walmart that complaints were authorized in November of 2013, but withheld issuing the complaints to allow time for settlement discussions. The discussions have not been successful and a consolidated complaint has issued regarding some of the alleged violations of federal law. More than 60 Walmart supervisors and one corporate officer are named in the complaint.

Cases were consolidated to avoid unnecessary costs or delay. Walmart must respond to the complaint by January 28, 2014. No hearing date has been set. The Office of General Counsel has authorized or issued complaints in other Walmart cases and additional charges remain under investigation.

The National Labor Relations Act guarantees the right of private sector employees to act together to try to improve their wages and working conditions with or without a union. The consolidated complaint involves more than 60 employees, 19 of whom were discharged allegedly as a result of their participation in activities protected by the National Labor Relations Act. The Office of the General Counsel alleges that Walmart violated the Act when:

During two national television news broadcasts and in statements to employees at Walmart stores in California and Texas, Walmart unlawfully threatened employees with reprisal if they engaged in strikes and protests.

At stores in California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Texas and Washington, Walmart unlawfully threatened, disciplined, and/or terminated employees for having engaged in legally protected strikes and protests.

At stores in California, Florida, and Texas, Walmart unlawfully threatened, surveilled, disciplined, and/or terminated employees in anticipation of or in response to employees’ other protected concerted activities


Related articles

Sunday, December 8, 2013

CDC's Camp Lejeune study links birth defects to marine base's drinking water

A company of Marines participate in
 a 10 kilometer training march carrying
 55 pound packs during Marine Combat
 Training (MCT) on February 22, 2013
 at Camp Lejeune, North Carolina.

Scott Olson, Getty Images
We reported about the contamination at Camp Lejune sometime back. A recent study confirms contamination. Today's post is shared fom cbsnews.com

A long-awaited study by the U.S. Centers for Disease Control and Prevention (CDC) shows a link between tainted tap water at a U.S. Marine Corps base in North Carolina and increased risk of serious birth defects and childhood cancers.

The study released late Thursday by the CDC's Agency for Toxic Substances & Disease Registry is based on a small sample size and cannot prove exposure to the chemicals caused individual illnesses. It surveyed the parents of 12,598 children born at Camp Lejeune between 1968 and 1985, the year most contaminated drinking water wells were closed.
The study looked back in time and was designed to see if there was a link between exposure to certain chemicals and certain health problems that developed later.

The study concludes that babies born to mothers who drank the tap water while pregnant were four times more likely than women in similar circumstances who did not consume the water to have such serious birth defects as spina bifida. Babies whose mothers were exposed also had a slightly elevated risk of such childhood cancers as leukemia, according to the results.
The CDC was able to confirm 15 cases of spina bifida and anencephaly, 24 oral clefts and 13 cancers.'

More than 100 cases of birth defects and...
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Thursday, December 5, 2013

President Obama Statement on the Benefits of the Affordable Care Act

Thanks to Monica, thanks to everybody standing behind me, and thanks for everybody out there who cares deeply about this issue.  Monica’s story is important because for all the day-to-day fights here in Washington around the Affordable Care Act, it’s stories like hers that should remind us why we took on this reform in the first place.
And for too long, few things left working families more vulnerable to the anxieties and insecurities of today’s economy than a broken health care system.  So we took up the fight because we believe that, in America, nobody should have to worry about going broke just because somebody in their family or they get sick.  We believe that nobody should have to choose between putting food on their kids’ table or taking them to see a doctor.  We believe we’re a better country than a country where we allow, every day, 14,000 Americans to lose their health coverage; or where every year, tens of thousands of Americans died because they didn’t have health care; or where out-of-pocket costs drove millions of citizens into poverty in the wealthiest nation on Earth.  We thought we were better than that, and that’s why we took this on.  (Applause.)
And that’s what’s gotten lost a little bit over the last couple of months.  And our focus, rightly, had to shift towards working 24/7 to fix the website, healthcare.gov, for the new marketplaces where people can buy affordable insurance plans.  And today, the website is working well for the vast majority of users.  More problems may pop up, as they always do when you’re launching something new.  And when they do, we’ll fix those, too.  But what we also know is that after just the first month, despite all the problems in the rollout, about half a million people across the country are poised to gain health care coverage through marketplaces and Medicaid beginning on January 1st -- some for the very first time.  We know that -- half a million people.  (Applause.)  And that number is increasing every day and it is going to keep growing and growing and growing, because we know that there are 41 million people out there without health insurance.  And we know there are a whole bunch of folks out there who are underinsured or don’t have a good deal.  And we know the demand is there and we know that the product on these marketplaces is good and it provides choice and competition for people that allow them, in some cases for the very first time, to have the security that health insurance can provide. 
The bottom line is this law is working and will work into the future.  People want the financial stability of health insurance.  And we’re going to keep on working to fix whatever problems come up in any startup, any launch of a project this big that has an impact on one-sixth of our economy, whatever comes up we’re going to just fix it because we know that the ultimate goal, the ultimate aim, is to make sure that people have basic security and the foundation for the good health that they need.
Now, we may never satisfy the law’s opponents.  I think that’s fair to say.  Some of them are rooting for this law to fail -- that’s not my opinion, by the way, they say it pretty explicitly.  (Laughter.)  Some have already convinced themselves that the law has failed, regardless of the evidence.  But I would advise them to check with the people who are here today and the people that they represent all across the country whose lives have been changed for the better by the Affordable Care Act.
The other day I got a letter from Julia Walsh in California.  Earlier this year, Julia was diagnosed with leukemia and lymphoma.  “I have a lot of things to worry about,” she wrote.  “But thanks to the [Affordable Care Act], there are lots of things I do not have to worry about, like…whether there will be a lifetime cap on benefits, [or] whether my treatment will bankrupt my family…I can’t begin to tell you how much that peace of mind means...”  That’s what the Affordable Care Act means to Julia.  She already had insurance, by the way, but because this law banned lifetime limits on the care you or your family can receive, she’s never going to have to choose between providing for her kids or getting herself well -- she can do both. 
Sam Weir, a doctor in North Carolina, emailed me the other day.  “The coming years will be challenging for all of us in family medicine,” he wrote.  “But my colleagues and I draw strength from knowing that beginning with the new year the preventive care many of our current patients have been putting off will be covered and the patients we have not yet seen will finally be able to get the care that they have long needed.”  That’s the difference that the Affordable Care Act will make for many of Dr. Weir’s patients.  Because more than 100 million Americans with insurance have gained access to recommended preventive care like mammograms, or colonoscopies, or flu shots, or contraception to help them stay healthy -- at no out-of-pocket cost.  (Applause.)
At the young age of 23, Justine Ula is battling cancer for the second time.  And the other day, her mom, Joann, emailed me from Cleveland University Hospital where Justine is undergoing treatment.  She told me she stopped by the pharmacy to pick up Justine’s medicine.  If Justine were uninsured, it would have cost her $4,500.  But she is insured -- because the Affordable Care Act has let her and three million other young people like Monica gain coverage by staying on their parents’ plan until they’re 26.  (Applause.)  And that means Justine’s mom, all she had to cover was the $25 co-pay. 
Because of the Affordable Care Act, more than 7 million seniors and Americans with disabilities have saved an average of $1,200 on their prescription medicine.  (Applause.)  This year alone, 8.5 million families have actually gotten an average of $100 back from their insurance company -- you don’t hear that very often -- (laughter) -- because it spent too much on things like overhead, and not enough on their care.  And, by the way, health care costs are rising at the slowest rate in 50 years.  So we’re actually bending the cost of health care overall, which benefits everybody.  (Applause.)
So that’s what this law means to millions of Americans.  And my main message today is:  We’re not going back.  We’re not going to betray Monica, or Julia, or Sam, or Justine, or Joann.  (Applause.)  I mean, that seems to be the only alternative that Obamacare’s critics have is, well, let’s just go back to the status quo -- because they sure haven’t presented an alternative.  If you ask many of the opponents of this law what exactly they’d do differently, their answer seems to be, well, let’s go back to the way things used to be.
Just the other day, the Republican Leader in the Senate was asked what benefits people without health care might see from this law.  And he refused to answer, even though there are dozens in this room and tens of thousands in his own state who are already on track to benefit from it.  He just repeated “repeal” over and over and over again.  And obviously we’ve heard that from a lot of folks on that side of the aisle.
Look, I’ve always said I will work with anybody to implement and improve this law effectively.  If you’ve got good ideas, bring them to me.  Let’s go.  But we’re not repealing it as long as I’m President and I want everybody to be clear about that.  (Applause.) 
We will make it work for all Americans.  If you don’t like this law -- (applause) -- so, if despite all the millions of people who are benefitting from it, you still think this law is a bad idea then you’ve got to tell us specifically what you’d do differently to cut costs, cover more people, make insurance more secure.  You can’t just say that the system was working with 41 million people without health insurance.  You can’t just say that the system is working when you’ve got a whole bunch of folks who thought they had decent insurance and then when they got sick, it turned out it wasn’t there for them or they were left with tens of thousands of dollars in out-of-pocket costs that were impossible for them to pay.
Right now, what that law is doing -- (baby talks.)  Yes, you agree with me.  (Laughter.)  Right now, what this law is doing is helping folks and we’re just getting started with the exchanges, just getting started with the marketplaces.  So we’re not going to walk away from it.  If I’ve got to fight another three years to make sure this law works, then that’s what I’ll do.  That’s what we’ll do.  (Applause.)
But what’s important for everybody to remember is not only that the law has already helped millions of people but that there are millions more who stand to be helped.  And we’ve got to make sure they know that.  And I’ve said very clearly that our poor execution in the first couple months on the website clouded the fact that there are a whole bunch of people who stand to benefit.  Now that the website is working for the vast majority of people, we need to make sure that folks refocus on what’s at stake here, which is the capacity for you or your families to be able to have the security of decent health insurance at a reasonable cost through choice and competition on this marketplace and tax credits that you may be eligible for that can save you hundreds of dollars in premium costs every month, potentially.
So we just need people to -- now that we are getting the technology fixed -- we need you to go back, take a look at what’s actually going on, because it can make a difference in your lives and the lives of your families.  And maybe it won’t make a difference right now if you’re feeling healthy, but I promise you, if somebody in your family -- heaven forbid -- gets sick, you’ll see the difference.  And it will make all the difference for you and your families.
So I’m going to need some help in spreading the word -- I’m going to need some help in spreading the word.  I need you to spread the word about the law, about its benefits, about its protections, about how folks can sign up.  Tell your friends.  Tell your family.  Do not let the initial problems with the website discourage you because it’s working better now and it’s just going to keep on working better over time.  Every day I check to make sure that it’s working better.  (Laughter.)  And we’ve learned not to make wild promises about how perfectly smooth it’s going to be at all time, but if you really want health insurance through the marketplaces, you’re going to be able to get on and find the information that you need for your families at healthcare.gov.
So if you’ve already got health insurance or you’ve already taken advantage of the Affordable Care Act, you’ve got to tell your friends, you’ve got to tell your family.  Tell your coworkers.  Tell your neighbors.  Let’s help our fellow Americans get covered.  Let’s give every American a fighting chance in today’s economy.
Thank you so much, everybody.  God bless you.  God bless America.  (Applause.)

Tuesday, November 19, 2013

NLRB Office of the General Counsel Authorizes Complaints against Walmart, Also Finds No Merit to Other Charges

The labor movement was the catalyst for the legislation known as the Workers' Compensation Act following the Triangle Shirtwaist Factory Fire in 1911. Will this repeat itself? Today's post was shared by Steven Greenhouse and comes from www.nlrb.gov

The National Labor Relations Board Office of the General Counsel has investigated charges alleging that Walmart violated the rights of its employees as a result of activities surrounding employee protests.  The Office of the General Counsel found merit in some of the charges and no merit in others.  The Office of the General Counsel has authorized complaints on alleged violations of the National Labor Relations Act.  If the parties cannot reach settlements in these cases, complaints will issue.
The Office of the General Counsel found merit to alleged violations of the National Labor Relations Act against Walmart, such as the following:
  • During two national television news broadcasts and in statements to employees at Walmart stores in California and Texas, Walmart unlawfully threatened employees with reprisal if they engaged in strikes and protests on November 22, 2012.
  • Walmart stores in California, Colorado, Florida, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Ohio, Texas and Washington unlawfully threatened, disciplined, and/or terminated employees for having engaged in legally protected strikes and protests.
  • Walmart stores in California, Florida, Missouri and Texas unlawfully threatened, surveilled, disciplined, and/or terminated employees in anticipation of or in response to employees’ other protected concerted activities.
The Office of the General Counsel found no merit, absent appeal, to alleged violations...
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Monday, October 14, 2013

Hank Patterson Receives the 2013 Lifetime Achievement Award

This week, Henry “Hank” N. Patterson, Jr. was presented with the 2013 Lifetime Achievement Award at the annual dinner of the Workplace Injury and Advocacy Group (WILG),  in Palm Beach, Florida. For his entire career, Hank has zealously advanced the rights of workers. He has held leadership positions in national legal organizations, including the American Bar Association, and helped establish the College of Workers Compensation Lawyers.


Hank graduated from the University of North Carolina in 1963 and from UNC Law School in 1966, where he was elected to the Order of the Coif. Before entering private practice, he served as law clerk to the Honorable J. Braxton Craven, Jr., of the U.S. Court of Appeals for the Fourth Circuit and worked as an attorney in Region 11 of the National Labor Relations Board.

He has served on legislative study commissions and as Chair of the Workers’ Rights Section of the North Carolina Academy of Trial Lawyers, Co-Chair of the North Carolina Bar Association’s Workers’ Compensation Committee, and member of the Advisory Council to the Chair of the North Carolina Industrial Commission. Hank is a Board Certified Specialist in Workers’ Compensation Law. His practice is limited to the areas of workers’ compensation, labor and employment, and disability entitlements.




Thursday, October 3, 2013

Many Nursing Homes Operate Without Adequate Sprinkler Systems

Today's post was shared by The New Old Age and comes from newoldage.blogs.nytimes.com


A body was removed from the Greenwood Health Center in Hartford, Conn., after a fire in 2003.
A body was removed from the Greenwood Health Center in Hartford, Conn., after a fire in 2003.

Associated PressA body was removed from the Greenwood Health Center in Hartford, Conn., after a fire in 2003.

Now and then, you learn something about caring for the elderly that stops you in your tracks.

Like this: Until last month, federal regulations did not require all nursing homes to have automatic sprinkler systems.

It’s a bit staggering, isn’t it? Automatic sprinklers, the most effective protection against fires, have been mandated in any new nursing home certified by Medicare and Medicaid, or in new construction added to an existing facility, since 2000. But for older nursing homes, there was no such regulation until August 2008 — and the industry, complaining about high costs, was given five years to comply.

That deadline passed last month, but more than 1,100 older nursing homes still do not have sprinklers or have only “partial” systems, federal records show.

Most of these places have some sprinklers — perhaps only in laundries and kitchens, perhaps in residents’ rooms but not hallways. What “partial” means in this context is unclear, a Medicare spokeswoman told me. But about 125 homes have no sprinklers, including 18 in Illinois, 16 in Texas and 13 in North Carolina. (You can see the list, though it may contain some reporting inaccuracies and may not reflect very recent changes.)

A fire in a nursing home is a horrifying...
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Saturday, September 21, 2013

Details Lacking on Prescription Drug Coverage in New Health Law

Today's post was shared by WCBlog and comes from www.nytimes.com


Among the most troubling questions facing consumers as they shop for insurance under the Obama administration’s new health care law is whether the plans will cover the drugs they take — and how much they will have to pay for them.

But with less than two weeks remaining until enrollment opens on Oct. 1, the answers are still elusive and anxiety is growing for consumers whose well-being depends on expensive medications.
States running the marketplaces where the plans will be offered have not released details about which drugs will be covered. Insurers have said little about how much consumers will be asked to contribute or what types of restrictions will be placed on certain medicines. Of the few states that have revealed specifics, some have plans that will require patients to contribute as much as 50 percent of the cost of the most expensive drugs.

“I’ve got to be honest and say I’m a little bit nervous,” said Jessica Thomas, a mental health counselor in North Carolina who takes the drug Tecfidera to treat her multiple sclerosis.
Ms. Thomas, 34, has been enrolled for two years in a program for people with expensive medical conditions that is run by North Carolina. But that program is ending in December, and she must select a new plan in the state marketplace. At the top of her mind is how much she will have to pay for Tecfidera, which costs more than $4,000 a month. “I think that’s the hard thing right now is that it’s...
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Friday, September 20, 2013

Medical Transparency: Resistance is Futile

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com


John Green, one of the vlogbrothers, posted a video blog on YouTube that so far has racked up over 2 million views, entitled "Why Are American Health Care Costs So High?"

The bottom line take-away from this manic, though entertaining (and I assume accurate) review of the United States health care system is the reason why costs are so much higher in the US compared to the rest of the world is ...

Because they can...

John argues that there is no central pricing control like other countries, that consumers will pay whatever they are charged because, basically, they don't know any better, and there is no transparency in health care pricing.

Maybe that's true. I don't know, I'm no expert on health care costs, or health care for that matter - hell, I'm no expert on anything.

But it does make sense that health care pricing should be a factor in most medical care decision situations where there is time to make an informed judgment about a procedure - which is most of the time.

Some medical businesses are starting to advertise their prices and it's causing some debate in medical circles.

The Surgery Center of Oklahoma, owned by its roughly 40 surgeons and anesthesiologists, drew national interest and sparked a bidding war as several other medical facilities in Oklahoma posted their prices according to media reports.

Pricing transparency is gaining momentum.

North Carolina passed a law requiring hospitals to provide prices on 140 common medical procedures and services.
In May, the federal...
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Sunday, September 1, 2013

14 Worker Struggles To Pay Attention To This Labor Day

Today's post was shared by Steven Greenhouse and comes from blog.workingamerica.org

Sure, to some people #LaborDayIs about barbecues and fashion rules. But #LaborDayIs also about, you know, labor. Today, workers across the country are struggling for decent wages, safe workplaces, affordable healthcare, and even basic civil rights.

North Carolina’s Moral Monday

North Carolina's Moral Monday
North Carolina's Moral Monday

Gov. Pat McCrory (R-NC) and the North Carolina legislature have passed huge cuts to state unemployment insurance, an overhaul of the state tax code, big education cuts and the nation’s strictest voting restrictions. Lead by the NC NAACP’s Rev. William Barber, North Carolinans of all stripes have gathered by the thousands to for huge weekly “Moral Monday” protests to stand up to Gov. McCrory’s agenda.

Learn more about Moral Monday and check out some sweet protest photos.
Oh and thanks to @sherierb for the thumbnail photo.

The Wisconsin Solidarity Singers


The Wisconsin Solidarity Singers
The Wisconsin Solidarity Singers

After the huge protests in 2011 against Wisconsin’s new collective bargaining restrictions, Gov. Scott Walker and his allies changed the rules at the state Capitol Building in Madison, requiring protesters to have permits. His reasoning? Um, none.

Friday, August 2, 2013

Asbestos Bankruptcy: Judge denies motion to keep Garlock trial open

Today's post was shared by Legal Newsline and comes from legalnewsline.com

Garlock

Legal Newsline’s efforts to keep a North Carolina bankruptcy trial open to the public have failed.

Attorneys for Legal Newsline filed a motion Tuesday to keep the entire trial open to the public.

On Wednesday, Hodges denied Legal Newsline’s motion, saying none of the seven orders previously entered in the case relating to confidentiality of documents had been challenged by Legal Newsline or anyone else. Nor did Legal Newsline appear with respect to a motion by Garlock, which Hodges denied, to remove the confidentiality designation from certain documents.

U.S. Bankruptcy Judge George R. Hodges had closed the courtroom to the news media and the public during a portion of a law professor’s testimony last week in the asbestos bankruptcy case filed by Garlock Sealing Technologies.

Thursday, January 26, 2012

Carolina Asbestos Textile Industry Risk High Mortality

SEM photo of Chrysotile.Image via WikipediaStudies of workers in two US cohorts of asbestos textile workers exposed to chrysotile (North Carolina (NC) and South Carolina (SC)) found increasing risk of lung cancer mortality with cumulative fibre exposure. However, the risk appeared to increase more steeply in SC, possibly due to differences in study methods. The authors conducted pooled analyses of the cohorts and investigated the exposure-disease relationship using uniform cohort inclusion criteria and statistical methods.

Increased rates of lung cancer were significantly associated with cumulative fibre exposure overall and in both the Carolina asbestos-textile cohorts. Previously reported differences in exposure-response between the cohorts do not appear to be related to inclusion criteria or analytical methods.