nurses and labor unions-short

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NURSES AND LABOR UNIONS

FEDERAL LEGAL STRUCTURE

FOR LABOR-MANAGEMENT RELATIONS

Collective Bargaining

Collective Bargaining is a process of negotiating an

agreement regarding terms and conditions of employment

through a system of shared responsibility decision-making

between labour and management.

Objectives

To provide an opportunity to the workers, to voice

their problems on issues related to employment.

To facilitate reaching a solution that is acceptable

to all the parties involved.

To resolve all conflicts and disputes in mutually

agreeable manner.

To prevent any conflicts/disputes in the future

through mutually signed contracts.

To develop a conductive atmosphere to foster

good organizations.

To provide stable and peaceful organization

(hospital) relations.

To enhance the productivity of the organization by

preventing strikes lock-out etc.

Characteristics

It is s group process.

Negotiations form an important aspect of the

process of collective bargaining.

It tends to improve the relations between workers

and union.

It is a continuous process.

It is a political activity frequently undertaken by

professional negotiators.

Four Essential Elements

Legal: Collective bargaining is a process of negotiating an

agreement.

Economic: Its contents specify the terms and conditions of

employment.

Political: The agreement is a product of a negotiation

between labor and management.Moral: It involves a system of shared responsibility and

decision- making.

WHY IS COLLECTIVE BARGAINING AN IMPORTANT

ASPECT OF LABOR-MANAGEMENT RELATIONS?

Collective bargaining is important because it promotes the

rights and ideals of labor.

Right to life.

Right to work.

Right to equity.

Right to participate.

Industrial peace.

WHAT ISSUES ARE DISCUSSED IN COLLECTIVE

BARGAINING?

Two kinds of issues are generally discussed in collective

bargaining:

Economic Issues

1. Check-off

2. Working days and hours

3. Salary increases / allowances / bonuses / profit-

sharing

4. Leaves

5. Overtime / holiday/ shift premiums

6. Employee welfare

Non-Economic Issues

1. Union recognition / coverage

2. Definition of employees category3. Union security

4. Rights and responsibilities of parties

5. Security of tenure

6. Seniority

7. Grievance machinery

8. Arbitration

9. Job evaluation and wage and salary administration

10. Employee services

11. No strike / no lockoutCollective Bargaining Union was particularly useful for

nurses because it provided a tool to demand a voice in

decisions affecting them and their job security (Phillips,

2003). Such demands continue to be relevant in today's

health care environment (Forman & Davis, 2002).

In todays health care environment, collective

bargaining is proving to be one of the most effective

ways to:

- Protect patients from inadequate and

unsafe care.- Ensure that nurses have fair pay, good

benefits, and safe/satisfactory working

conditions.

- Establish effective channels of

communication with those who make

decisions that impact nursing practice.

- Advance nurses professional growth

and development.

Preparation for Collective Bargaining

Preparation should begin months before thecontract talks.

Chairperson should be establish and maintain

pleasant relationship with union representatives by

treating them courteously in social situations,

grievance hearing.

Obtain information from other nurse executives

about union activities in neighboring health

agencies.

Review other labour contracts negotiating in other

agencies to determine what type of demands weremade by various worker categories.


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Keep ongoing recording agencys employees

grievances and analyse these before negotiation

begins.

Research the wage salary structures of other health

agencies in the community and compare against

agencies current wage package.

Should read the act to identify limitations.

Collective Bargaining Process

Prepare

Discuss

Propose

Bargain

Settlement

Collective Bargaining Members

Registered Nurses

Physicians

Other professionals

Technical Employees

Skilled maintenance employees

Business, office, and clerical employees

Guards

Non- Professionals

Collective Bargaining Agents

Service employees international union.

State nurses associations of the

American nurse association.

National union of hospital and health

care employees of the retail wholesale

and department store union.

Collective Bargaining Procedure

Selection of Bargaining Agent

By representative election and is presided by

NLRB.

Union must demonstrate 30% interest by

employees

Once 30% is reached union can petition NLRB

to conduct election.

Election is conducted within 45 days by secret

ballot.

Certificate to Contract

A process by which a union, certified by the

NLRB as a bargaining agent, can enter into a

contract with an employer that has been voted

on by the union membership.

It does mean that a group of people have the

right to enter into a contract with an employer.

The contract is considered to be in effect when

both management of the organization and

employees agree on its content.

The final agreement is subject to a ratification

vote by the affected employees. Passage of

the contract or ratif ication, is obtained by a

simple majority of eligible members who vote.

Contract Administration

The role of administering the contract then falls

to an individual designated as the union

representative. This individual may be an

employee of the union or a member of the

nursing staff.

It is the duty of the union representative to

provide fair and equal representation to all

members of the unit.

The role of the union representative is to

explain the provisions of the contract to the

union membership and be available to help

grievance process.

Decertification

The process of changing union affiliation or

removing the union altogether.

An employee who is a member of the

bargaining unit must submit to the NLRB

signed documents showing that at least 30%

of the bargaining unit membership requests an

election to remove a union as their

representative.

Then, NLRB will review the signatures for

authenticity, set a date, and time, and conduct

an election by secret ballot.

Winners are determined by a majority of the

castsballots.

Obstacles of Collective Bargaining in Nursing

Registered nurses who participate in organizing

drives could be summarily fired.

Hospital could refuse to recognize and bargain

with nursing organizations.

The associations spend years softening up the

turf.

NEGOTIATIONS

COLLECTIVE

AGREEMENT

MANAGEMENT

PROPOSAL

THIRD

PARTY

REFERENCE

TRADE UNIONS

DEMANDS


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Issues of Collective Bargaining in Nursing

It clearly affirms that state nurses associations are

legitimate labour organizations.

States that the presence supervisor in the labour

organizations is visually irrelevant determining its

legal states.

The participation of management level nurses as

association members of office.

Firmly place on the employer the burden of

providing any case that there is unlawful

interference by supervisory nurses.

ADVANTAGES

Contract to guide standards

Participation in decision-making process.

All union members and management must confirm

to terms of contract without exception.

Process exists to question managers authority if

member feels something was done unjustly.

DISADVANTAGES

Reduced individuality.

Other union members may outvote ones

decisions.

Disputes are not handled with individual and

management only; less room for professional

judgement.

Must pay union dues even if one does not support

unionization.

THE NURSE MANAGERS ROLES

Participate in resolving grievances.

Grievances formal expressions of complaints,

generally classified as

a. Misunderstandings that came from lack

of familiarity with the contract or

inadequate labour agreement.

b. Contract violations

c. Violations of federal state or law

d. Failure of management to meet its

responsibilities.

e. Violation of agency rules

There is a need to be aware of the 5 categories of

unfair labour practices (NLRA Sec. 8A)

a. Interference with right to organizeb. Domination

c. Encouraging or discouraging union

membership

d. Discharging an employee for giving

testimony or filing a charge with the

NLRB

e. Refusal to bargain collectively.

UNION/ LABOUR ORGANIZATION

An organization in which employees participate forthe purpose of negotiating with the employer about

grievances, labour disagreement, wages, hours of

work, and conditions of employment.

MANAGERS ROLE DURING INTIATION OF

UNIONIZATION

Know the law, and make sure rights of the nurses

as well as management are clearly understood.

Act clearly within the law.

Find out the reasons the nurses want collectiveaction.

Discuss and deal with the nurses and the

problems directly and effectively.

Distribute lists of disadvantages of unionization,

such as paying dues.

Distribute examples of unions that did not help

with patient care issues.

NURSES ROLE DURING THE INITIATION OF

UNIONIZATION

Know your legal rights and the rights of the

manager.

Act clearly within the law at all times.

If a manager acts unlawfully, e.g., by firing an

employee for organizing, report the employers

action to the national labour relations board.

Keep all nurses informed through regular meetings

held close to the hospital.

Set meeting times conveniently around shift

changes and assist with child care during

meetings.

STRIKING

The organized stoppage of work by employees

within the union.

A collective bargaining agent cannot make the

decision to strike.

By law, 10-day notice must be given to allow

hospitals the opportunity to prepare for striking

nurses absences.

The decision to strike can be made only by a

majority of union members.

NURSES ASSOCIATIONS

ANA has an active interest in the economics

security of nurses.

The ANA is a registered labour organization, but it

does not engage in direct collective bargaining.

GOAL OF PROFESSIONAL ASSOCIATIONS

To make decisions on the basis of competence

rather than community.

To resolve conflicts through confrontation.

To maximize collaboration.

To develop interpersonal trust.

To resolve communication block and to speed up

communication.


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