Health Care Institution Amendments to the National Labor Relations Act: an analysis.

Ira M. Shepard, J.D. herein analyzes the legislative history and the substantive provisions of the 1974 Health Care Institution Amendments to the National Labor Relations Act. The Amendments bring private, non-profit health care institutions and their employees under the coverage of the NLRA, the goal of Congress being to reach a successful compromise of the public's right to receive uninterrupted health care; the health care institution's obligation to provide these services to the fullest extent possible; and the right of health care employees to have the same voice in the determination of their wages, hours, and working conditions accorded other workers under the NLRA.     

The politics of health care regulation: the case of the National Health Planning and Resources Development Act

This paper examines the political and bureautic dynamics of health regulation under the National Health Planning and Resources Development Act and, to a lesser extent, the Carter Cost Proposal now before Congress. A number of underlying issues that affect the day-to-day exercise of health planning are considered, including the contest between state and local and federal government for program control, jurisdictional conflict between state and local planning agencies, and the unsettled roles to be played by professional planners, consumers, and providers. When we assess regulatory policy in health, these complicating factors must be added to the long list of handicaps that already exist. One important finding is that local planning agencies have embraced the task of health regulation somewhat more fully than had generally been expected. A number of explanations for this are offered. In short, the controlling factors in health planning are political, not technical, and there is more occurring at the state and local levels than many had predicted, although any impact is not likely to be dramatic.     

《劳动合同法》地方指导意见评述——关于劳动争议当事人和劳动关系的认定

各地法院和仲裁机构在《劳动合同法》实施后尤其是在全球性金融危机期间出台了各自的司法意见,对《劳动合同法》的相关条文进行了细化和补充,弥补了《劳动合同法》的不足和立法盲点。但是,也存在相当一些有悖于法理和立法法的解释误区,带来了各地司法不统一的混乱。如何认定劳动争议当事人和劳动关系是其中的重要部分,包括不具备合法经营资格及借用营业执照或挂靠的用人单位的用工关系、个人承包经营形成的用工关系、下岗、内退职工与新用人单位建立的关系、招用已达到法定退休年龄的人员所形成的关系以及未签订书面合同的劳动关系适用《劳动合同法》的问题等。因此,应当对地方性司法指导文件进行全面清理,吸收借鉴其合理之处,阐释其存在的误区,并在此基础上完善《劳动合同法》。     

The Labor Reform Act of 1977: a detailed analysis.

As a former General Counsel of the NLRB, Peter Nash enjoyed a vantage point from which to observe the procedures of the Board and evaluate how the provisions of the NLRA itself operated. Nou in private practice, he has made a detailed analysis of the labor reform legislation pending in Congress and strongly supported by organized labor. Writing from management's point of view, Mr. Nash concludes that the bills now pending are designed solely to assist unions in their organizing efforts; will not expedite the processing of Board cases; and contain harsh, unfair, and unnecessary deterrent remedies against employers.