HRM Exam
csht
week_6_number_4_HCA_502revised.pptxLabor Relations and Healthcare Organizations
Week 6 session 4
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Step I: Organizing campaign
Group of employees approach union or union approaches employees
Informational meetings held by union for employees
Union assesses likelihood of a successful campaign
Step II: Authorization cards
NLRB requires 30% of employee group to sign authorization cards to hold a union election
If 30% or greater, then
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The Union Campaign Process
Representation Election
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Appropriate Bargaining Units in Healthcare
Example of a bargaining unit
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Should physicians be a bargaining unit?
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Step IV: Certification
Union becomes exclusive bargaining representative
Management or union can challenge results if they believe election was handled improperly or unfair labor practices occurred
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The Union Campaign Process (cont’d)
Simple majority reached
Simple majority not reached
No election for at least 12 months
Step III: Representation Election
Election is supervised by NLRB, union, & management
Determined by simple majority = 50% + 1 employee
Step IV: Certification (cont’d)
Employees may decertify the union
The employee group removes the union as their representative
Signatures from 30% of employee union members to hold de-certification election
Determined by simple majority = 50% + 1 employee
Step V: Collective Bargaining
Initial contract sets foundation for the union-management relationship
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The Union Campaign Process (cont’d)
Management rights clauses
- Right to manage, direct, and control its business
Union security clauses
- Right to bargain on behalf of represented employees
- Dues check-off process – union dues deducted from
paychecks
Wages and benefits
- Base and premium pay, shift differential, incentives
- Health, dental, life, disability benefits, etc.
Working conditions and scheduling
- Work schedules, workplace safety concerns, etc.
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Collective Bargaining – FOUR key Contractual Components
Grievance procedures
A formal process used to resolve issues between managers and workers
Arbitration
Union and company present their cases to a mutually selected arbitrator, who makes binding decision
Mediation
Third party facilitates discussions and proposes solutions to the two parties; suggestions not binding
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Contract Administration: Grievance Procedures
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Finalizing The Agreement
Constituents reject
Constituents accept
Formal agreement signed
Re-negotiate/strike/ratify
Negotiations complete
Draft of contract agreement prepared for review
Constituents review & hold ratification vote
Healthcare unions
In 2007 the Service Employees International Union (SEIU) created a national healthcare union
Largest healthcare union
Represents: hospitals, nursing homes, long-term care facilities, outpatient workers & physicians
In 2010, the CA Nurses Assoc, United American Nurses, MA Nurses Assoc merged to create National Nurses United
Largest nursing union in U.S.
Over 150,000 members
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Healthcare unions cont.
Three physician unions:
SEIU
Doctors Council
National Doctors Alliance
20,000 physician members
Independent contractors ineligible
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Board issues decision on appropriate units in non -acute health
care facilities
August 30, 2011
The 3-to-1 decision in Specialty Healthcare and Rehabilita tion Center of Mobile [4] finds
that Certified Nursing Assistants at a nursing home may comprise an appropriate unit
without including all other nonprofessional employees. It overrules the Board’s 1991
decision in Park Manor, which had adopted a special te st for bargaining unit
determinations in nursing homes, rehabilitation centers, and other non -acute health care
facilities.
Employees at such facilities will now be subject to the same “community -of-interest”
standard that the Board has traditionally appli ed at other workplaces. The Board majority
found that the 53 CNAs who sought an election in Specialty Healthcare constituted an
appropriate unit, and remanded the case to the region to schedule an election.
Third Coast Emergency Physicians, P.A. and Seton Third Coast
Emergency Physicians Association, Petitioner. Case 16–RC–10160
February 29, 2000
Having carefully reviewed the record testimony, we affirm the Acting Regional
Director’s findings that the emergency physicians are not statutory supervis ors
and that
the emergency physicians on the senior advisory council are neither statutory
supervisors nor managerial employees for the reasons stated by the Acting Regional
Director, with the exceptions set forth below. Further, we agree with the Acting
Regional Director that Dr. Calomeni is not a statutory supervisor and find that he is not a
managerial employee. In finding that the physicians at issue do not make ef fective
recommendations with regard to hiring, disci pline, or evaluations, and that t hey do not
formulate and implement management policy, the Acting Regional Di -rector reasoned,
inter alia, that the ultimate decision -making authority in these areas is retained by the
two medical directors rather than the physicians.
BENEDICTINE HOSPITAL v. NEW YORK STATE NURSES ASSOCIATION
The Union, pursuant to a Certification of Representative issued in Case 3 -RC-
11841 on November 13, 2008, is the exclusive representative of employees in
the following appropriate bargainin g unit, herein called the Unit:
All full-time, regular part-time and per diem levels I, II, III and IV registered
nurses, clinical nurse specialists, SWAT nurses, discharge nurses, care
coordination nurses, staff educators, admission assessment registered nurses,
and registered nurses on permit employed by the Employer, excluding office
clerical employees, service and maintenance employees, technical employees,
guards, all non-supervisory professional employees not working as registered
nurses, and all managerial and supervisory employees, including the chief
nursing officer, the program director of the rehabilitation unit, the director of
surgical services, the administrative director of patient care services, the
manager of infusion therapy, the director of care coordinators, denial
management coordinators, infection control coordinators, quality assurance
improvement (QAI) coordinators, risk management coordinator, the vice-
president of patient care services, nurs e managers, administrative directors,
clinical coordinators, nursing supervisors and evening/night charge nurses.
