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Unionization

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by

Shannon Famini

on 6 January 2014

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Transcript of Unionization

What is it?
Collective Bargaining
Negotiations between management of a group of employees represented by a labor union
Employment, financial resources
Governed by federal and state laws, administrative agency regulations, and judicial decisions
Structure
Electing a bargaining agent
Bargaining Unit
Unfair Labor Practices
Good Faith Bargaining
The Sixties
Nursing expansion
Nurses began taking collective action
Raises
Unionization
1st Stage
(Before negotiations)
Reviewing research findings and statistics to support demands
Mandatory
Discussions on pay rates, wages, hours, pensions
Must bargain in good faith
Non-Mandatory
Wages, hours, subcontracting, relocation
Cannot bargain if other party objects
Scope
2nd Stage (Negotiations)
Three Theory Assumptions
Types of Labor Negotiation Behavior
Distributive , Integrative, Intraorganizational, Mixed
3rd Stage
(Implement)
Executive agreement
Arbitration
Balances the power of their employer and negotiate improvement in wages, benefits, and working conditions

Most important concerns:
Quality of patient care
Management of trust
If there is no trust between nurses’ management, then patient care is at jeopardy

For Nurses

Redesign, downsizing, closures, and takeovers
Chaos for nurses
Threatens job security and benefits

“Even if an employer is in a position to pay higher wages and benefits & benefits & to
improve working conditions, many employers will not do so unless forced to do so, directly, indirectly, and by a strong union.”

Nursing Shortage

Performance of mutual obligation of the employer and representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other employment conditions specified under the applicable state/federal law.

This does not compel either party to agree to a proposal or to make a compromise

Good Faith Bargaining

Determined by whether a group of employees form a community of interest relating to wages, hours, & employment conditions

RNs should occupy their own bargaining unit rather than be included with other professionals such as social workers
Really grasps what the nurse’s exactly want, not other health care related workers

Group members are based on employee position in an agency
Myth: All members of the bargaining unit are based on who pays their union dues vs. who does not pay

Bargaining Unit

The employer must recognize a representative or National Labor Relations Act Board (NLRB) certifies a representative elected by majority of employees collectively agreeing on a representative

Electing a Bargaining Unit

NLRA prohibits employers and unions from interfering by an employer with the rights of employees to create, join or assist a labor organization, to bargain collectively, engage in other concerted activities for mutual aid or protection, or to refrain from any or all of these activities

Certain restrictions also involve strikes and lockouts

NLRA forbids management and labor to refuse to bargain in good faith

Unfair Labor Practices

Third Stage

Mixed

Collaborative, win-win, creating value

Interest based approach

Emphasizes collaboration instead of compromise

Parties together identify issues by talking about mutual and separate interests

Select data for solutions

Brainstorm options

Reach solutions through consensus agreement

Integrative

Competitive, zero sum, win-lose, claiming value

Traditional

Position-based

Used for conflict of interest issues (divide limited resources)

Ends in compromise or tie

Distributive

Body of knowledge has been built by scholars in a variety of fields to guide those who are faced with the task of negotiating change

Three Theory Assumptions
1. The agenda in labor negotiation usually contains a mixture of problematic and collaborative items. The need to defend one’s self-interest and at the same time engage in joint problem-solving vastly complicates selection of bargaining strategies and tactics

2. Underlying attitudes, feelings, relationships

3. Negotiations involve complex social units in which constituent members are very interested in what goes on at the bargaining table and have some influence over the negotiators

Second Stage

Aligning goals of the chief negotiator’s organization with those of the chief negotiator

Intraorganizational

Types of Labor Negotiation Behavior

Team of 5-7
Carefully creating a formal proposal of demands based on the prominent issues and ideas of the team
Scheduling time and place for negotiations

First Stage

Successful approach for addressing nursing concerns

Incorporating all types of negotiations into one

Interest-based with mutual respect, consensus decision-making,
valuing relationships between parties

Implementation of Negotiating Agreement

Execute agreement

Grievance and arbitration for handling any infringements of its specific content

Seventies and Eighties
Nurses looked to union negotiators
Unionization among nurses rose steadily
Nineties

Strong up-swing in unionization
Conflict
National labor Relations Act
Main body for collective bargaining
Taft- Hartley Act
In 1974, Congress extended coverage to private not-for-profit hospitals and nursing homes
Why Unionize?
Advantages

Gain control over work environment
Job Security
Strength in numbers
Treated Fairly
Protect against false accusations
Disadvantages

Loss of individuality
Cost
Professional taboo against monetary raises
Management often times tries to cut costs
Patients may feel abandoned
Collaboration of the United American Nurses and seven other non-health care related AFL- CIO unions
“RNs working together”
Promotes health and safety for RNs

Industrial Coordinating Committee

Teamsters
United Auto Workers

Non- Health Care Related Unions

United American Nurses
Massachusetts Nurse Association
California Nurses Association

Unions Representing RNs

Defends RNs when wrongly dismissed
Foresees welfare of RNs
No mandatory overtime

How Does Teamster Protect RNs?

Full transcript