Law & legislation week6

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9781284538588_SLID_CH18.pptx

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Labor Relations

Chapter 18

LEARNING OBJECTIVES

Explain various federal & state labor acts.

Discuss rights & responsibilities of unions & management.

Describe purpose of an “Affirmative Action Plan.”

Describe patients rights during labor disputes.

Discuss types of discrimination that occur in the workplace.

Describe sexual harassment & forms it can take.

Federal & State Labor Laws

Relationships between employees & employers are regulated by state & federal laws.

Federal laws generally take precedence over state laws when there is conflict between state & federal laws.

State laws generally applicable when more rigid than federal laws.

U.S. Department of Labor

Cabinet level department

Functions

promote welfare of wage earners

improve working conditions

advance opportunities for profitable employment

National Labor Relations Act

Enacted 1935 to govern labor-management relations of business firms engaged in interstate commerce.

Act defines certain conduct of employers & employees as unfair labor practices

provides for hearings on complaints that such practices have occurred.

National Labor Relations Act – II

Act modified by

Taft-Hartley amendments of 1947

Landrum-Griffin amendments of 1959

National Labor Relations Board

NLRB enforces & administers the NLRA

has jurisdiction over matters involving proprietary & not-for-profit health care organizations.

agency independent of department of labor, that is responsible for preventing & remedying unfair labor practices by employers & labor organizations.

National Labor Relations Board – II

Unions & Healthcare Orgs

Through mid-1930s, little union organizational

slow growth until late 1950s.

Union activity successful in geographic areas in which unions have been active in other industries

Limitations on # of bargaining units

employees can form up to 8 bargaining units

upheld by U.S. Supreme Ct.

National Labor Relations Board – III

Elections

NLRA sets out procedures by which employees may select a union as their collective bargaining representative to negotiate employment and contract matters.

Unfair Labor Practices

Unlawful Interrogation

Failure to Discharge Non-Dues Paying Nurses

Unions & HC Organizations

Limitations on Bargaining Units

Elections

Unfair Labor Practices

State Employees Excluded from Paying Union Dues

Unlawful Interrogation

Norris-LaGuardia Act

Aimed at reducing number of injunctions to restrain strikes & picketing.

Sets procedures for handling labor disputes.

Creates board of inquiry if a dispute threatens to interrupt health care.

Board’s findings provide framework for arbitrators’ decisions.

Labor-Management Reporting & Disclosure Act

Places controls on labor unions & relationships between unions & membership.

Requires employers to report payments to representatives of labor orgs.

Expenditures made to influence way employees exercise rights.

Disclosure of agreements with labor consultants.

Fair Labor Standards Act

Establishes

minimum wages

maximum hours of employment

overtime pay provisions

exempt employees provisions

work week options

Civil Rights Act of 1964

Prohibits private employers & state & local governments from discrimination in employment in any business on basis of:

race,

color,

religion,

sex, or

national origin.

OSHA

Sets & enforces safety standards

Provides training, outreach, & education

Establishes partnerships

Encourages continual improvement in workplace safety & health

OSHA – II

Promulgation & Enforcement of OSHA Standards

Recordkeeping

Education

Infectious Body Fluids

Employee Complaints

State Regulation

Legal Liability

Rehabilitation Act of 1973

Protection for handicapped employees

Applied to public & private orgs

Requirement to perform self-evaluation of compliance

Jobs must not be designed to eliminate hiring of disabled persons

Family and Medical Leave Act

Enacted to grant employees temporary medical leave under certain circumstances.

Covered employers must grant eligible employees up to a total of 12 workweeks of unpaid leave during any 12-month period.

Family and Medical Leave Act – II

Leave granted for:

birth & care of employee’s child.

placement of adopted or foster child with employee.

care of immediate family member (spouse, child, or parent) with a serious health condition.

inability to work because of serious health condition.

Family and Medical Leave Act – III

Illegal to terminate health insurance coverage for an employee on FMLA leave.

Following FMLA leave, employee’s job—or an equivalent job with equivalent pay, benefits, & other terms & conditions of employment—must be restored.

State Labor Laws

Laws Vary State to State

Union Security Contracts & Right-to-Work Laws

Wage and Hour Laws

Child Labor Acts

Workers’ Compensation

Physical Injury

Job Stress

Labor Rights

Organize & bargain collectively

Solicit & distribute union info

Picket

Strike

Management Rights

Receive a strike notice

Hire replacement workers

Restrict union activity

Prohibit union activity during working hrs

Prohibit supervisors from participating union activity

Patient Rights & labor Disputes

Patient rights take precedence over labor-management rights

Patients have right to

privacy

well-being

Affirmative Action Plan – I

Prohibits discrimination on basis of age, race, color, religion, sex, national origin.

Affirmative action program includes

collection & analysis of data on the race and sex of all applicants for employment.

non-discrimination clause in manuals.

use of data to show compliance with the law.

Affirmative Action Plan – II

Failure to comply can result in denial of federal funds.

Health care orgs should have equal employment opportunity or affirmative action plan in place.

Injunctions

Court order directing that a certain act be performed or not performed.

Persons who fail to comply with court orders are said to be in contempt of court.

Earliest use of injunctions in labor relations was by employers to stop strikes or picketing by employees.

Availability of injunctive relief limited.

Administering Collective Bargaining Agreement

Administered in “good faith”

Supervisors should familiarize themselves with the agreement

Importance of recordkeeping

Grievance procedures

Arbitration

Discrimination in the Workplace – Age

Discrimination in Employment Act

Promotes employment of older persons

Prima facie case

complainant is in a protected age group

complainant is qualiﬁed for his or her job

complainant was discharged

discharge occurred in circumstances that give rise to inference of age discrimination

Workplace Discrimination – Disability

Americans with Disabilities Act

enacted by Congress to prohibit age discrimination

Tips for Employers

train managers as to ADA requirements

review & revise job descriptions for compliance

bring physical environment into compliance

post notice describing purpose of ADA

Workplace Discrimination – III

National Origin

Pay Discrimination

Equal Pay for Equal Work

Pregnancy Discrimination

Race

Religion

Sexual Harassment in the Workplace

Sexual Harassment

Unwelcomed sexual advance

Request for sexual favors

Verbal or physical conduct of a sexual nature

Creating an environment that is unreasonably intimidating or offensive

Preventing Sexual Harassment

Implement an anti-harassment policy.

Prompt action to prevent & correct any harassment.

Encourage employees to promptly report harassment.

REVIEW QUESTIONS

1. Provide a general overview of the NLRA.

2. Using the hospital as a setting, give two examples of what would violate the NLRA.

3. How do patients' rights come into play during a strike by nurses?

4. What is the purpose of OSHA?

REVIEW QUESTIONS – II

5. Why was the Norris-LaGuardia Act enacted by Congress?

6. Discuss various ways in which discrimination can occur in the workplace.

7. What steps can an organization take to prevent successful lawsuit brought forward on the basis of sexual harassment.