Collective Bargaining

Front 1

Define Employment at will

Back 1

Employment may be terminated by the employer or employee at any time for any reason unless there is a contract specifying terms and duration of employment

Front 2

Exceptions to Employment at Will

Back 2

Exceptions:
1. Public Policy (we want to talk to the paper about how poor KUmed is, they can’t discharge us without some legal penalties if it was b/c we talked to the paper)
2. Implied contract and wrongful discharge (can change the contract without consulting anyone, employer prerogative and don’t have to ask if that’s okay)
3. Good faith and fair faith dealing

Front 3

Reasons For Collective Bargaining
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Back 3

Collective Bargaining
Reasons For:
1. Gives you a stronger voice
2. Allows input about wages and employment conditions
3. Protection from employer

Front 4

Reasons against Collective Bargaining
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Back 4

Reasons Against
1. Unprofessional
2. Divisive (not all RN’s can join a union, staff nurses vs. management)
3. Unethical
4. Doesn’t not provide job security

Front 5

Federal Laws about Collective Bargaining
National Labor Relations Act(Wagner Act - 1935)
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Back 5

Federal Laws about Collective Bargaining
National Labor Relations Act(Wagner Act - 1935)
1. Established the right for employees to bargain collectively
2. Established National Labor relations Board (NLRB)
3. Established process for selection of the bargaining agent
4. Established five unfair labor practices
5. Employees have the right to organize, form, join or assist labor organizations

Front 6

Employer Unfair Labor Practices, Section 8(a)

Back 6

Employer Unfair Labor Practices, Section 8(a)
1. Employers cannot interfere with, restrain or coerce employees (manager can’t tell u what union to join or fire u for doing it)
Examples:
– Threatening employees with loss of job should they vote to join a union
– Questioning employees about their union activities
– Grant wage increases deliberately timed to discourage employees from joining a union

Front 7

Employer Unfair Labor Practices, Section 8(a)2

Back 7

Employer Unfair Labor Practices, Section 8(a)2
1. Employers cannot dominate or interfere with the formation or administration of any labor organization
Examples:
– assisting or providing financial support
– conducting a straw vote
– exert pressure to join a certain union
– permit some union officers to leave their unit while others cannot

Front 8

Employer Unfair Labor Practices, Section 8(a)3

Back 8

Employer Unfair Labor Practices, Section 8(a)3
1. Prohibits discrimination in hiring or promotion based on union membership
Examples:
– Firing employees because they encourage union membership
– Not reinstating employees who participate in a lawful strike
– demoting employees for circulating union petitions

Front 9

Employer Unfair Labor Practices, Section 8(a)4

Back 9

Employer Unfair Labor Practices, Section 8(a)4
1. Prohibits discriminating against an employee because they filed charges or gave testimony
Examples:
– Demoting or firing someone for giving testimony at an NLRB hearing

Front 10

Employer Unfair Labor Practices, Section 8(a)5

Back 10

Employer Unfair Labor Practices, Section 8(a)5
1. Refusing to bargain collectively with the employees representative
Examples:
– Refusing to meet with union representatives
– insisting that the negotiating committee be members of the company
– granting a wage increase without consulting the union

Front 11

Labor Management Relations Act - 1947 (Taft-Hartley) (trying to bring a balance between employers and employees)

Back 11

Labor Management Relations Act - 1947 (Taft-Hartley) (trying to bring a balance between employers and employees)
1. Unions could not restrain or coerce employees
2. Unions could not cause employers to discriminate against employees
3. Unions could not refuse to bargain
4. Outlawed certain strikes and boycotts
5. Unions could not charge discriminatory dues
6. Employers could not be required to pay for work not performed

Front 12

Labor Management Reporting and Disclosure Act -1959 ( Landrum-Griffin Act)

Back 12

Labor Management Reporting and Disclosure Act -1959 ( Landrum-Griffin Act)
1. Gave equal rights and privileges to every member of a labor organization
2. Established procedures for union and employee financial disclosure
3. Established guidelines for dealing with union trusteeships
4. Outlined union election procedures
5. Established the use of union funds for union purposes

Front 13

Executive Order 10988 (written by JKF)(

Back 13

Executive Order 10988 (written by JKF)(
1. Extended collective bargaining to employees of the executive branch of government
Exceptions
– Could not strike
– No arbitration over contract negotiations
– No bargaining over salaries and wages set by Congress
(beginning in 47’ we couldn’t form a union)

Front 14

1974 Amendments to Taft-Hartley

Back 14

1974 Amendments to Taft-Hartley
1. Extended to private non-profit hospitals all available collective bargaining mechanisms
Established other safeguards
a. 10 day strike notice (so they can figure out how to conduct business if ppl don’t show up, and u must have a mediator before that 10 days, and show that both sides have been trying to work it out)
b. No undue union proliferation (we have to set some rules for how many unions the hospital can recognize) (put unions together that have a like cause,
c. Union meetings not allowed in patent area
(in 93’ said we can join our own union, RN’s in general can join a union and can’t subdivide into l&d, etc)

Front 15

State Laws

Back 15

State Laws
1. States have the right to establish how collective bargaining will be conducted within their borders
2. State laws must not conflict with federal laws
3. State laws can extend and clarify federal laws
(Don’t have to join the union is the right to work state means and don’t have to pay dues in KS)

Front 16

Local Laws
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Back 16

Local Laws
1. Cannot be in conflict with existing state or federal laws
2. Can extend or clarify existing laws

Front 17

Contract Laws
Positive
Negative

Back 17

Contract Laws
Positive: Contracts are legal documents enforceable in court
Negative: Contracts only pertain to non-supervisors and terms are not easily changed

Front 18

Mandatory Issues of Collective Bargaining
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Back 18

Mandatory Issues of Collective Bargaining
1. Wages
2. Hours of Work
3. Conditions of employment
4. Resolution of disputes

Front 19

Definition of Supervisor

Back 19

Definition of Supervisor
Definition of Supervisor - any “person” having authority... to hire, transfer, suspend,... promote, discharge,... or discipline... or effectively recommend such action.
National Labor Relations Act, Section 2(11)

Front 20

Supervisor Issues

Back 20

Supervisor Issues
1. NLRB vs Health Care and Retirement Corp of America
2. 1994 Supreme Court decided that nurses who assigned and directed the work of others were supervisors
3. Inclusion of RN’s who hold hospital administrative positions, and are on the Board of Directors or Committees of State Nurses Associations who participate in collective bargaining
4. NLRB vs. North Shore University Hospital, 1983

Front 21

Professional Issues Committees

Back 21

Professional Issues Committees
1. At issue is the question “Are committees of staff and management that discuss conditions of employment bypassing the right of employees to organize without employer interference?”