NURSES AND LABOR UNIONS

FEDERAL LEGAL STRUCTURE

FOR LABOR-MANAGEMENT RELATIONS

Collective Bargaining

Collective Bargaining is a process of negotiating an
agreement regarding terms and conditions of employment
through a system of shared responsibility decision-making
between labour and management.

Objectives
To provide an opportunity to the workers, to voice
their problems on issues related to employment.
To facilitate reaching a solution that is acceptable
to all the parties involved.
To resolve all conflicts and disputes in mutually
agreeable manner.
To prevent any conflicts/disputes in the future
through mutually signed contracts.
To develop a conductive atmosphere to foster
good organizations.
To provide stable and peaceful organization
(hospital) relations.
To enhance the productivity of the organization by
preventing strikes lock-out etc.

Characteristics
It is s group process.
Negotiations form an important aspect of the
process of collective bargaining.
It tends to improve the relations between workers
and union.
It is a continuous process.
It is a political activity frequently undertaken by
professional negotiators.
Four Essential Elements

Legal: Collective bargaining is a process of negotiating an
agreement.
Economic: Its contents specify the terms and conditions of
employment.
Political: The agreement is a product of a negotiation
between labor and management.
Moral: It involves a system of shared responsibility and
decision- making.

WHY IS COLLECTIVE BARGAINING AN IMPORTANT
ASPECT OF LABOR-MANAGEMENT RELATIONS?
Collective bargaining is important because it promotes the
rights and ideals of labor.
Right to life.
Right to work.
Right to equity.
Right to participate.
Industrial peace.

WHAT ISSUES ARE DISCUSSED IN COLLECTIVE
BARGAINING?
Two kinds of issues are generally discussed in collective
bargaining:

Economic Issues
1. Check-off
2. Working days and hours
3. Salary increases / allowances / bonuses / profit-
sharing
4. Leaves
5. Overtime / holiday/ shift premiums
6. Employee welfare

Non-Economic Issues
1. Union recognition / coverage
2. Definition of employees category
3. Union security
4. Rights and responsibilities of parties
5. Security of tenure
6. Seniority
7. Grievance machinery
8. Arbitration
9. Job evaluation and wage and salary administration
10. Employee services
11. No strike / no lockout
Collective Bargaining Union was particularly useful for
nurses because it provided a tool to demand a voice in
decisions affecting them and their job security (Phillips,
2003). Such demands continue to be relevant in today's
health care environment (Forman & Davis, 2002).
In todays health care environment, collective
bargaining is proving to be one of the most effective
ways to:
- Protect patients from inadequate and
unsafe care.
- Ensure that nurses have fair pay, good
benefits, and safe/satisfactory working
conditions.
- Establish effective channels of
communication with those who make
decisions that impact nursing practice.
- Advance nurses professional growth
and development.
Preparation for Collective Bargaining
Preparation should begin months before the
contract talks.
Chairperson should be establish and maintain
pleasant relationship with union representatives by
treating them courteously in social situations,
grievance hearing.
Obtain information from other nurse executives
about union activities in neighboring health
agencies.
Review other labour contracts negotiating in other
agencies to determine what type of demands were
made by various worker categories.
Keep ongoing recording agencys employees
grievances and analyse these before negotiation
begins.
Research the wage salary structures of other health
agencies in the community and compare against
agencies current wage package.
Should read the act to identify limitations.

Collective Bargaining Process
Prepare
Discuss
Propose
Bargain
Settlement











Collective Bargaining Members
Registered Nurses
Physicians
Other professionals
Technical Employees
Skilled maintenance employees
Business, office, and clerical employees
Guards
Non- Professionals

Collective Bargaining Agents
Service employees international union.
State nurses associations of the
American nurse association.
National union of hospital and health
care employees of the retail wholesale
and department store union.

Collective Bargaining Procedure
Selection of Bargaining Agent
By representative election and is presided by
NLRB.
Union must demonstrate 30% interest by
employees
Once 30% is reached union can petition NLRB
to conduct election.
Election is conducted within 45 days by secret
ballot.

Certificate to Contract
A process by which a union, certified by the
NLRB as a bargaining agent, can enter into a
contract with an employer that has been voted
on by the union membership.
It does mean that a group of people have the
right to enter into a contract with an employer.
The contract is considered to be in effect when
both management of the organization and
employees agree on its content.
The final agreement is subject to a ratification
vote by the affected employees. Passage of
the contract or ratification, is obtained by a
simple majority of eligible members who vote.


Contract Administration
The role of administering the contract then falls
to an individual designated as the union
representative. This individual may be an
employee of the union or a member of the
nursing staff.
It is the duty of the union representative to
provide fair and equal representation to all
members of the unit.
The role of the union representative is to
explain the provisions of the contract to the
union membership and be available to help
grievance process.

Decertification
The process of changing union affiliation or
removing the union altogether.
An employee who is a member of the
bargaining unit must submit to the NLRB
signed documents showing that at least 30%
of the bargaining unit membership requests an
election to remove a union as their
representative.
Then, NLRB will review the signatures for
authenticity, set a date, and time, and conduct
an election by secret ballot.
Winners are determined by a majority of the
casts ballots.


Obstacles of Collective Bargaining in Nursing
Registered nurses who participate in organizing
drives could be summarily fired.
Hospital could refuse to recognize and bargain
with nursing organizations.
The associations spend years softening up the
turf.


NEGOTIATIONS
COLLECTIVE
AGREEMENT
MANAGEMENT
PROPOSAL
THIRD
PARTY
REFERENCE
TRADE UNIONS
DEMANDS
Issues of Collective Bargaining in Nursing
It clearly affirms that state nurses associations are
legitimate labour organizations.
States that the presence supervisor in the labour
organizations is visually irrelevant determining its
legal states.
The participation of management level nurses as
association members of office.
Firmly place on the employer the burden of
providing any case that there is unlawful
interference by supervisory nurses.

ADVANTAGES
Contract to guide standards
Participation in decision-making process.
All union members and management must confirm
to terms of contract without exception.
Process exists to question managers authority if
member feels something was done unjustly.

DISADVANTAGES
Reduced individuality.
Other union members may outvote ones
decisions.
Disputes are not handled with individual and
management only; less room for professional
judgement.
Must pay union dues even if one does not support
unionization.

THE NURSE MANAGERS ROLES
Participate in resolving grievances.
Grievances formal expressions of complaints,
generally classified as
a. Misunderstandings that came from lack
of familiarity with the contract or
inadequate labour agreement.
b. Contract violations
c. Violations of federal state or law
d. Failure of management to meet its
responsibilities.
e. Violation of agency rules

There is a need to be aware of the 5 categories of
unfair labour practices (NLRA Sec. 8A)
a. Interference with right to organize
b. Domination
c. Encouraging or discouraging union
membership
d. Discharging an employee for giving
testimony or filing a charge with the
NLRB
e. Refusal to bargain collectively.

UNION/ LABOUR ORGANIZATION
An organization in which employees participate for
the purpose of negotiating with the employer about
grievances, labour disagreement, wages, hours of
work, and conditions of employment.

MANAGERS ROLE DURING INTIATION OF
UNIONIZATION
Know the law, and make sure rights of the nurses
as well as management are clearly understood.
Act clearly within the law.
Find out the reasons the nurses want collective
action.
Discuss and deal with the nurses and the
problems directly and effectively.
Distribute lists of disadvantages of unionization,
such as paying dues.
Distribute examples of unions that did not help
with patient care issues.

NURSES ROLE DURING THE INITIATION OF
UNIONIZATION
Know your legal rights and the rights of the
manager.
Act clearly within the law at all times.
If a manager acts unlawfully, e.g., by firing an
employee for organizing, report the employers
action to the national labour relations board.
Keep all nurses informed through regular meetings
held close to the hospital.
Set meeting times conveniently around shift
changes and assist with child care during
meetings.

STRIKING
The organized stoppage of work by employees
within the union.
A collective bargaining agent cannot make the
decision to strike.
By law, 10-day notice must be given to allow
hospitals the opportunity to prepare for striking
nurses absences.
The decision to strike can be made only by a
majority of union members.

NURSES ASSOCIATIONS
ANA has an active interest in the economics
security of nurses.
The ANA is a registered labour organization, but it
does not engage in direct collective bargaining.

GOAL OF PROFESSIONAL ASSOCIATIONS
To make decisions on the basis of competence
rather than community.
To resolve conflicts through confrontation.
To maximize collaboration.
To develop interpersonal trust.
To resolve communication block and to speed up
communication.
To create a climate where human growth and
development become a function of organization.

FUNCTIONS OF ANA
Represents the interest of nurses in collective
bargaining.
Advances the nursing profession by fostering high
standards for nursing practice.
Lobbies congress and regulatory agencies on
health care issues affecting nurses and the
general public.
Initiates many policies pertaining to health care
reform.
Publishes its position on issues.


HEALTH CARE LABOUR LAWS
Minimum Wages Act (1948)
Strikes and Lock Outs
Protection of Service Conditions
Removal from Service
Regulation of Contract Labour
Health and Maternity Benefits
Retirement Benefits
Women Labour and Law


Your Rights at Work are worth fighting and voting for


Andico, Rose Anne L.
PLM SN Batch 2013
BSN IV-2


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