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Chapter 14

Chapter 14. Managing with Organized Labor. Learning Objectives. Address the relationship of organized labor and management in healthcare Distinguish the different phases of the labor relations process Describe the evolving role of unions in the healthcare workforce

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Chapter 14

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  1. Chapter 14 Managing with Organized Labor

  2. Learning Objectives • Address the relationship of organized labor and management in healthcare • Distinguish the different phases of the labor relations process • Describe the evolving role of unions in the healthcare workforce • Examine legislative and judicial rulings that affect management of organized labor in healthcare settings • Review emerging healthcare labor trends • Consider the potential impact of the Internet on the labor management relationship

  3. Introduction • Labor relation process occurs when management and the union JOINTLY determine and administer the rules of the workplace. • This is especially important for health care because labor costs account for 70% - 80% of expenditures. • Just because a union has won the right to represent the employees does not mean management must accept all of the terms.

  4. Introduction • Ranges of Labor Management Relationship in Healthcare: • Positive • Neutral • Negative

  5. Overview of Unionization • Union membership is declining • Public vs. Private Sector • Healthcare workforce

  6. The Labor Relations Process • National Labor Relations Act • Outlines the labor relations process and is legally binding • Key Participants • Management • Union Officials • The Government • Arbitrators

  7. The Labor Relations Process(cont.) • Recognition Phase • This is Unions attempt to be recognized as representing the employees • Often Management will attempt to prevent the Unions from being able to recognize the employees • Many of these tactics can be considered unfair labor practices. • 3 Reasons Employees want to Form and Union: • Wages • Benefits • Perception about the workplace

  8. The Labor Relations Process(cont.) • Warning Indicators for potential Union Organizing • Increased Turnover • Increased Employee Generated Incidents • Increased Grievances • Decreased Communication • Increase in informational requests (IE: policy and procedures) • Increase in employees meeting off-site • Increase in Grapevine activity • Increase in Absenteeism and Tardiness

  9. The Labor Relations Process(cont.) • Process • Union will solicit signed authorizations • When at least 30% of the employees have agreed to be represented then the Union can ask the company to voluntarily recognize them • The company rarely agrees to this (less than 2%) • When refused the Union is now allowed to seek NLRB assistance to petition other employees

  10. The Labor Relations Process(cont.) • Bargaining Units • The NLRB determines who can be represented by a Union • These “groups” are called Bargaining Units • The NLRB doe not all managers or supervisors to be part of a Bargaining Unit

  11. The Labor Relations Process(cont.) • Elections • The Union is permitted to conduct pre-election campaign • Management may not make threats regarding the outcome of the election • Management is allowed to conduct their own meeting with employees to tell them what changes will occur if a Union with the election • To win the Union needs a simple majority

  12. Negotiation Phase • The process of negotiating is called “Collective Bargaining” • The NLRA requires negotiation to occur in Good Faith • Types of Bargaining: • Concessionary • Integrative • Distributive

  13. Administration Phase • Agreements of the negotiation must be applied and enforced • Management may discipline employees and must base all procedures on due process • Arbitrators will usually side with Management is progressive discipline was used • Grievance Procedures • This is a useful tool to manage the terms of the agreement • Arbitration • Unresolved issues are sent to arbitration • Arbitration is typically limited the terms of the agreement and the application of those terms.

  14. A Review of Legislative and Judicial Rulings • Important Cases • NLRB v. Kentucky River Community Care, Inc. • NLRB Ruling: Oakwood Heritage Hospital, Taylor, Michigan • Important Legislation • The Taft-Hartley Act • 1974 Healthcare Amendments to the Taft-Hartley Act

  15. Developments in Organized Healthcare Workers • Unions • Physicians • House Staff (Medical Residents, Interns and Fellows) and Medical Students • Nurses • The Impact of the Internet

  16. Management Guidelines • Create a policy on Unionization • Must have policies and procedures that ensure a proper fit of personnel with specific jobs • Provide necessary training for implementing policy and procedures • Implement consistent disciplinary actions • Each phase of the labor relations process in interrelated.

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