managing with organized labor. address the relationship of organized labor and management in...
TRANSCRIPT
Chapter 14Managing with Organized Labor
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
Learning Objectives
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.
Introduction
Ranges of Labor Management Relationship in Healthcare:
◦Positive
◦Neutral
◦Negative
Introduction
Union membership is declining Public vs. Private Sector Healthcare workforce
Overview of Unionization
National Labor Relations Act Outlines the labor relations process and is legally binding
Key Participants◦ Management◦ Union Officials◦ The Government◦ Arbitrators
The Labor Relations Process
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
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
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
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
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
The Labor Relations Process(cont.)
The process of negotiating is called “Collective Bargaining”
The NLRA requires negotiation to occur in Good Faith
Types of Bargaining: ◦ Concessionary◦ Integrative◦ Distributive
Negotiation 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.
Administration Phase
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
A Review of Legislative and Judicial Rulings
Unions Physicians House Staff (Medical Residents, Interns and
Fellows) and Medical Students Nurses The Impact of the Internet
Developments in Organized Healthcare Workers
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.
Management Guidelines