Collective Bargaining

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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 the Industrial 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-hour workweek 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 nonprofit companies
Employees of nonprofit hospitals were not protected for participation in collective bargaining activities

1974 legislation allowed for the inclusion of nonprofit 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

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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

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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
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Typical Goals
Establish reasonable working conditions Establish formal agreements for wages and health and retirement benefits

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Terms Associated With Collective Bargaining

Arbitration Encroachment Grievance Industrial unionism Labor Management Mediation Occupational unionism Unfair labor practices Union

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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

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Union Organizing
Attempts to share power may result in temporary distrust between staff nurses and management Knowing allowable processes can help alleviate unnecessary distress

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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
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Process of Union Organizing

Organizing drive is initiated by union forces to create an official, NLRB-sanctioned bargaining unit Bargaining unit is accepted or rejected through an election process in which nonmanagement employees vote

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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
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Union Organizations
Teamsters United American Nurses (UAN) (arm of the American Nurses Association [ANA]) Service Employees International Union

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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
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Signing a Card
Method union organizers use to request information from employees Single-purpose authorization card Dual-purpose authorization card Union organizing begins when 30% of eligible nurses sign dual-purpose cards

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Union Organizing Practices

Allowable
Communication with employees by mail, in areas adjacent to business, 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

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Management Organizing Practices

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
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Collective Bargaining Units

Group of employees entitled to vote in union elections and bargain collectively Two legal collective bargaining units in hospitals before 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 eventually defeated 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 perceived negative union connotations Exercising the power of the strike is difficult for professionals

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Collective Bargaining Trends

American Medical Association (AMA) has become involved in collective bargaining AMAs issues are patient advocacy and practice control, not salary ANA approved a structural change to create UAN, a bargaining unit

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Questions for Nurses

Should nurses who frequently supervise the work of others be classified as management or labor? Will nurses be too reluctant to strike, a powerful bargaining tool? Are there relevant gains to be made through collective bargaining?

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Management or Labor?
NLRB protection applies to nonmanagement Nonmanagement definition is difficult in nursing RNs performing charge nurse duties are not management 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 wage effects in the health care sector Future role of unions in health care may hinge on gains in union vs. nonunion facilities

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American Nurses Association

Recently expanded labor relations and unionorganizing 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 step for 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 unionorganizing efforts Build a solid public relations base Upgrade legal support services

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Efforts to Organize Nurses

300,000 new members must be added each year to keep union membership steady There are 2.6 million RNs in the United States, and only 17% are unionized Larger unions have not been hesitant about going after nurses to bolster their dwindling ranks

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Trends in Collective Bargaining 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
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