1. Delmar Learning Copyright © 2003 Delmar Learning, a Thomson Learning company Nursing Leadership & Management Patricia Kelly-Heidenthal 0-7668-2508-6

2. Delmar Learning Copyright © 2003 Delmar Learning, a Thomson Learning company 2 Chapter 25 Collective Bargaining

3. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company3 Objectives  Upon completion of this chapter, the reader should be able to: Review the history of collective bargaining and associated legislation. Discuss collective action models and associated terminology. Identify the American Nurses Association’s role and function in collective bargaining. Discuss professionalism in the context of unionization. List pros and cons of collective bargaining.

4. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company4 Collective Bargaining: Definitions  Collective action, or simply acting as a group with a single voice, is one method by which to deal with problems.  Collective bargaining is the practice of bargaining with reference to wages, work practice, and other benefits by employees in a collective group with management.

5. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company5 Collective Action Models: Shared Governance  Shared governance is where nurses and managers work together to define their roles and expected outcomes. It holds everyone accountable for his or her role and expected outcomes. Partnership Equity Accountability Ownership

6. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company6 Workplace Advocacy  Workplace advocacy refers to the activities nurses undertake to address problems in their everyday workplace setting.  Activities include forming committees to address problems, devising alternatives to achieve optimal care, and inventing new ways to implement change.

7. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company7 Collective Bargaining  Collective action is simply acting as a group with a single voice.  When a group acts with a single voice and brings ideas to management, it changes from collective action to collective bargaining.  If the group cannot achieve its desires through informal collective bargaining with management, the group may decide to form a union.

8. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company8 Whistleblowing  Whistleblowing is the act where an individual discloses information regarding a violation of a law, rule, or regulation or a substantial and specific danger to public health or safety.

9. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company9 Factors Influencing Nurses to Unionize  Feelings of powerlessness  Desire to eliminate discrimination and favoritism  Desire to communicate concerns to management without fear of losing jobs  Need to initiate change  Concerns over wages, staffing, safety, job security

10. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company10 Process of Unionization  A collective bargaining agent is an agent who works with employees to formalize collective bargaining though unionization.

11. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company11 Steps in Organizing a Collective Bargaining Unit  Assemble a group of nurses who support collective bargaining.  Arrange a meeting with a representative of the state nurses’ association.  Assess the feasibility of an organizing campaign.  Conduct necessary research to develop a plan of action.  Establish an organizing committee and subcommittees.  Begin the process of obtaining union authorization cards.

12. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company12 Steps in Organizing a Collective Bargaining Unit  Schedule an informal meeting for nurses eligible for the collective bargaining unit.  Keep the lines of communication open with nurses.  Seek voluntary recognition from the employer.  Move toward formal organization of the unit.  Seek certification by the National Labor Relations Board as the exclusive bargaining agent of the unit.  Initiate contract negotiations.

13. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company13 Manager’s Role During Process  Unions may increase the cost for the hospital and limit the authority of its managers.

14. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company14 Manager’s Role During Initiation of Unionization  Know the law, and make sure rights of the nurses as well as management are clearly understood.  Act clearly within the law, no matter what the organization delegates to you as manager.  Find out the reasons the nurses want collective action.  Discuss and deal with the nurses and the problems directly and effectively.

15. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company15 Manager’s Role During Initiation of Unionization  Distribute lists of disadvantages of unionization, such as paying dues.  Distribute examples of unions that did not help with patient care issues.

16. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company16 Employees’ Role During Process  Nurses desiring to choose a collective bargaining agent must be sure they know the laws that have been instituted and follow them carefully.

17. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company17 Nurses’ Role During 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 employer’s actions to the National Labor 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.

18. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company18 Striking  A collective bargaining agent cannot make the decision to strike.  The decision to strike can be made only by a majority of union members.  Most nursing collective bargaining agents put a no- strike clause in the contract.  The 1974 Health Care Amendments to the National Labor Relations Act contain provisions that guarantee the continuation of adequate patient care in a strike situation.

19. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company19 Collective Bargaining Agents  Service Employees International Union  State Nurses’ Associations of the American Nurses Association  National Union of Hospital and Health Care Employees of the Retail, Wholesale and Department Store Union

20. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company20 American Nurses Association (ANA)  The ANA is a full-service professional organization representing the nation’s entire registered nurse population.  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

21. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company21 Professionalism and Unionization  Characteristics of a profession include: requiring a long period of specialized education, having a service orientation, and having autonomy.  Many nurses believe that autonomy precludes involvement in a union.  Others believe unionization is the only way to achieve autonomy.

22. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company22 Definition of Supervisor  The National Labor Relations Act defines supervisor.  Many supervisory characteristics are exhibited by nurses.  The question exists of whether a supervisor can belong to a union.

23. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company23 Physician Unionization  In some health care settings, physicians are seen as employees, not supervisors.  This means they have the ability to join unions.  Factors influencing physicians to unionize: Loss of autonomy Low wages

24. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company24 Managing in a Union Environment  Nursing management may not be part of the union, but nurse managers must work with the union to manage within the rules and context of contract agreements.  A grievance is where a union member feels that management has failed to meet the terms of the contract or labor agreement and communicates this to management.  All union contracts specify grievance proceedings for their members.

25. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company25 Collective Bargaining: Advantages and Disadvantages  Advantages: Contract to guide standards Participation in decision-making process All union members and management must conform to terms of contract without exception Process exists to question manager’s authority if member feels something was done unjustly

26. Chapter 25Copyright © 2003 Delmar Learning, a Thomson Learning company26 Collective Bargaining: Advantages and Disadvantages  Disadvantages Reduced individuality Other union members may outvote one’s decisions All union members and management must conform to terms of contract without exception Disputes are not handled with individual and management only; less room for personal judgment Must pay union dues even if one does not support unionization