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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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Labor Talk Blog: Dues Check-off Obligation No Longer Expires With Collective Bargaining

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January 7, 2013

Reversing 50 years of settled precedent, the NLRB recently ruled that a "dues check-off" provision in a union contract continues to require an employer to deduct union dues from employees' paychecks even after the union contract expires. This ruling shows the Board's continuing path of "pro-union" decisions and significantly impacts union/employer negotiation leverage in favor of a union's position at the bargaining table.

In those states that do not have right-to-work laws, employees can be required to become members of, and pay dues to, a labor union in order to keep their jobs. Leveraging off the ability to maintain a "closed shop," unions typically seek two terms in collective bargaining agreements with employers in those states. The first, referred to euphemistically as a "union security" provision rather than "forced membership," reflects the closed-shop nature of the workplace, and requires that employees become members of the union (usually by paying a hefty initiation fee and agreeing to pay monthly dues) within 30 days of hire, or else the employer must terminate their employment. The second term is commonly referred to as a "dues check-off" provision, and requires that the employer deduct union dues from employee paychecks and remit the deductions directly to the union, effectively functioning as the union's collection agent and thereby relieving the union of the expense and burden of having to seek dues payments directly from the employees. Since an NLRB decision 50 years ago, the law has been settled that an employer need not continue to remit union dues to a union following the expiration of a collective bargaining agreement containing a dues check-off provision. In this case, the NLRB discarded a half-century of settled law, holding that employers now must continue to deduct union dues from employee paychecks and send the deducted funds to the union, even after the contract requiring it to do so has expired.


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