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Chapter 22

Chapter 22. Collective Bargaining, Unionization, and Employment Laws. Potential Constraints Affecting Directing. Unions and Employment Laws Collective bargaining Historical perspective Driving forces Restraining forces Labor standards.

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Chapter 22

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  1. Chapter 22 Collective Bargaining, Unionization, and Employment Laws

  2. Potential Constraints Affecting Directing Unions and Employment Laws • Collective bargaining • Historical perspective • Driving forces • Restraining forces • Labor standards

  3. Managers must be able to see collective bargaining and employment legislation from four perspectives: The organization The worker General historical/societal Personal Manager Perspectives

  4. Collective Bargaining • Activities occurring between organized labor and management that concern employee relations • Negotiation of formal labor agreements and day-to-day interactions between unions and management

  5. Huston (2010a) maintains that at the heart of the debate about collective bargaining and nursing is whether nursing, long recognized as a caring profession, should be a part of bargaining efforts to improve working conditions Collective Bargaining and Nursing

  6. The roots of union activity lie in poor relationships between employees and management The middle manager has the greatest impact on the quality of the relationship that develops between labor and management The Relationship Between Labor and Management

  7. Unions have been present in America since the 1790s Union membership and activity increase during high employment and prosperity and decrease sharply during economic recessions and layoffs High demand for nurses correlates with increased union activity Nurses’ perceptions of quality of supervision have affected the unionization rates of nurses Historical Perspective

  8. When prosperity and the demand for nurses are high, union membership: Increases Decreases Question

  9. Answer: Rationale: Answer

  10. High demand for nurses is tied directly to a healthy national economy, and historically this has been correlated with increased union activity. Similarly, when nursing vacancy rates are low, union membership and activity tend to decline Demand for Nurses

  11. Labor Legislation

  12. Which legislation revoked some powers previously given to unions, creating more balance between unions and management? Wagner Act Taft-Hartley Act Kennedy Executive Order 10988 Amendments to Wagner Act Question

  13. Answer: Rationale: Answer

  14. Reasons Why Nurses Join Unions • Increase the power of the individual • Increase input into organizational decision making • Eliminate discrimination and favoritism • Because of social need to be accepted • Because they are required to do so by employer • Because they believe it will improve patient outcomes and quality of care

  15. Reasons Why Nurses Do Not Want to Join Unions • Belief that unions promote the welfare state • Need to demonstrate individualism and promote social status • Belief that professionals should not unionize • Identification with management’s viewpoint • Fear of employer reprisal • Fear of lost income associated with a strike or walkout

  16. Strategies for Averting the Union • Knowledge and care of employees • Personnel policies that are fair and well communicated • Up and down talk • Well-trained managers • Procedure for handling employee grievances • Competitive wages/benefits • Performance appraisals • Promotions and transfers • Job security is equal to job performance • Policy on unionization

  17. Employees have a right to participate in union organizing under the NLRA, and managers must not interfere with this right Generally, however, solicitation and distribution of union literature are banned entirely in “immediate patient care areas” Once management is faced with dealing with a bargaining agent, it has a choice of either accepting or opposing the union Organizing a Union

  18. Question Tell whether the following statement is True or False: Management must not interfere with the right of a union member to distribute literature. • True • False

  19. Answer Answer: Rationale:

  20. Unions Representing Nurses • ANA • National Union of Hospital and Health Care Employees of the Retail, Wholesale, and Department Store Union • United Steelworkers of America (USWA) • American Federation of Government Employees • American Federation of State, County and Municipal Employees • International Brotherhood of Teamsters • Union Auto Workers

  21. The Service Employees International Union (SEIU) is another large union in the health-care industry, representing more than1.1 million nurses, LPNs, doctors, lab technicians, nursing home workers, and home care workers (SEIU, 2013) Service Employees International Union (SEIU)

  22. The states with the most union organizing for all industries, including health care, are New York, California, Pennsylvania, Michigan, and Illinois The use of state associations as bargaining agents has been a divisive issue among American nurses. Some nurse-managers believe they have been disenfranchised by their professional organization This conflict has manifested itself in recent splitting away of state nurses associations from the parent ANA organization State Associations

  23. Question Tell whether the following statement is True or False: A nurse who feels a strong need to get ahead on his or her own merits would be less likely to join a union. • True • False

  24. Answer Answer: Rationale:

  25. Employment Legislation • Labor standards • Labor relations • Equal employment opportunity laws • Civil and criminal laws • Other legislation

  26. Employment and Labor Laws

  27. The United States Equal Employment Opportunity Commission (EEOC) (2007) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment Sexual Harassment

  28. The Equal Pay Act of 1963 requires that men and women performing equal work receive equal compensation Four equal pay tests exist—equal skill, equal effort, equal responsibility, and similar working conditions Equal Pay

  29. Equal employment opportunities have fostered many profound changes in the American workplace. Women, minorities, and the handicapped have had some success in gaining jobs previously denied to them; however, only modest gains in achieving ethnic diversity have occurred in nursing Equal Employment Opportunity

  30. State and federal employment legislation often overlap; as a general rule, the employer must abide by the stricter of the two regulations Regulation

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