Collective Bargining

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Mosby items and derived items copyright 2002 by Mosby, Inc.

Collective Bargaining

Insert Chapter 13 opening illustration


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Key Concepts

Collective bargaining terminology Labor and management practices related to

collective bargaining Strengths and weaknesses of collective

bargaining

Collective bargaining and professional nursing


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Overview

Complex, multifaceted, often emotional issue Information is necessary to help nursing students

and practicing nurses make effective decisions


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Early Activities

Protecting workers became an issue during theIndustrial Revolution (late 19th century) Long working hours

Child labor Unhealthy factory conditions

Trade unionism developed when workers

discovered power in their numbers Early groups sought work safety, adequate pay,and job security


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Federal Legislation

Child labor outlawed; minimum wage and 40-hourworkweek established (1930s)

National Labor Relations Act (NLRA) (1935) Gave employees the right to form labor unions and

bargain collectively

National Labor Relations Board (NLRB) (1935) Established to implement provision of the NLRA


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NLRA

Initially established exemptions for nonprofitcompanies Employees of nonprofit hospitals were not protected

for participation in collective bargaining activities

1974 legislation allowed for the inclusion ofnonprofit hospitals


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Current Status

Conflict currently characterizes unionism Statistics indicate an erosion of union influence Reports also indicate that unions are becoming

stronger than ever

Nursings future may be influenced by efforts to

be fairly represented in the workplace



Collective Bargaining

Power sharing in the workplace Means of equalizing power between employees and

management

Managements goal Provide goods and services for a profit

Employees goal Sell personal time to perform satisfying work



Power Sharing

Strengths Individual employees have limited power Large numbers of employees banded together enhance

bargaining position Weaknesses

Viewed as a forum for less educated workers May be difficult to rectify professionalism and

unionization Groups may be reluctant to commit to long-term, binding

group decisions



Typical Goals

Establish reasonable working conditions Establish formal agreements for wages and

health and retirement benefits



Terms Associated With

Collective Bargaining Arbitration

Encroachment Grievance Industrial unionism

Labor

Management Mediation Occupational

unionism Unfair labor practices Union



Types of Unions

Occupational unionism Separate unions for each occupation within a given

company May join similar groups across the country

Industrial unionism Single union for all workers in a corporation Strong because of large number of members



Union Organizing

Attempts to share power may result in temporarydistrust between staff nurses and management

Knowing allowable processes can help alleviateunnecessary distress



Potential Gains

For employees Power to make certain demands of employers

Degree of political power on a local level For union organization

Additional power through more bargaining units and

increased membership Increased monetary support through contributions

from workers paychecks



Process of Union Organizing

Organizing drive is initiated by union forces tocreate an official, NLRB-sanctioned bargaining

unit Bargaining unit is accepted or rejected through

an election process in which nonmanagement

employees vote



Steps in Collective Bargaining

Preformal period Nurses or employees contact a union seeking

representation

Union organizers work to gain employee support Election process

Eligible employees vote for or against union

representation After election

Negotiations between union and management occur



Union Organizations

Teamsters United American Nurses (UAN) (arm of the

American Nurses Association [ANA]) Service Employees International Union



Mandatory Topics for

Negotiation Wages Rules about the use of labor (work hours, worker

safety) Individual workers rights and resolution of

grievances Methods of enforcement, interpretation, and

administration of the union agreement



Signing a Card

Method union organizers use to requestinformation from employees

Single-purpose authorization card Dual-purpose authorization card

Union organizing begins when 30% of eligible

nurses sign dual-purpose cards



Union Organizing Practices Allowable

Communication with employees by mail, in areas adjacent tobusiness, and on the premises in nonwork areas

Peaceful strikes and picketing for publicity

Unallowable Inflame racial prejudices Lie about loss of jobs

Distribute literature in work areas Forge documents



Management OrganizingPractices

Allowable Avoid supplying a list of employees and job

classifications for a period of time Circulate literature to employees

Unallowable Fire employees supporting union activities

Spy on or photograph employees in union activities Lie about what will happen if the union wins Question employees about preferences



Collective Bargaining Units

Group of employees entitled to vote in unionelections and bargain collectively

Two legal collective bargaining units in hospitalsbefore 1984 Professionals (included RNs and others) Nonprofessionals


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Collective Bargaining Units

contd All-professional rule

Diluted the power of RNs

Challenged by nurses in 1984 and eventuallydefeated in the U.S. Supreme Court

Eight Unit Rule

Identified eight bargaining units in hospitals RNs became a separate bargaining unit


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Corporate America

Economic consequences of collective bargaining High-performance work organizations (HPWOs) Power sharing in the boardroom


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Unions and Professional

Nursing Despite challenging work conditions, nurses have

difficulty reconciling professionalism with perceivednegative union connotations

Exercising the power of the strike is difficult forprofessionals


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Collective Bargaining Trends

American Medical Association (AMA) hasbecome involved in collective bargaining

AMAs issues are patient advocacy and practicecontrol, not salary

ANA approved a structural change to createUAN, a bargaining unit


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Management or Labor?

NLRB protection applies to nonmanagement Nonmanagement definition is difficult in nursing

RNs performing charge nurse duties are notmanagement

Head nurses and shift supervisors are

management Supervisors and staff nurses are placed on

opposite sides of the table


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The Strike?

Powerful economic force for health care facilities May be viewed by nurses as unprofessional Contingencies to protect nursings image

10-day notice of intent to strike Schedules developed to cover emergency

department, operating room, and intensive care units


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Wage Gains?

Union efforts have resulted in only modest wageeffects in the health care sector

Future role of unions in health care may hingeon gains in union vs. nonunion facilities


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American Nurses Association

Recently expanded labor relations and union-organizing activities

Developed UAN, a national labor entity Affiliated with the American Federation of Labor Congress of Industrial Organization (AFL-CIO)

AFL-CIO affiliation was an unprecedented stepfor American nurses


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UAN Labor Agenda

Increase funding for Constituent Member Associations (CMAs) to: Organize collective bargaining units Increase staff and training in relation to union-

organizing efforts

Build a solid public relations base Upgrade legal support services


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Trends in CollectiveBargaining Negotiations

Changing health care access and settings Address sites of employment

Job expansion Address changing nursing roles Wage compression

Address tenure steps to alleviate wage compression

Hospital system changes Address use of unlicensed personnel and portable pensions

Documents

Collective Bargining