nursing now: today’s issues, tomorrow’s trends, 4th edition collective bargaining

Nursing Now: Today’s Issues, Tomorrow’s Trends, 4th Edition Nursing Now: Today’s Issues, Tomorrow’s Trends, 4th Edition

Collective Bargaining


Collective Bargaining Collective bargaining:

The uniting of employees for the purpose of increasing their ability to influence their employer and to improve working conditions

Based on the principle that there is greater strength in large numbers

Primary goal is to equalize the power between labor & management

Primary unit is the union


Image of Unions Unions were formed to protect workers

from exploitation by greedy & insensitive employers

Image was tarnished due to violence during strikes

Many HCPs regard this activity as unprofessional

Tend to automatically reject the idea of union membership

Unfair

More$$$

On Strike


Legislative Development of Collective Bargaining

The National Labor Relations Act Bargaining Units for Hospitals


Goals of Collective Bargaining

Equalize power between management & employees

Balance salary inequities

Protect the employee against arbitrary treatment & unfair labor practices

Maintain & promote professional practice

Improve benefits & working conditions (e.g., No. of hours per week, staffing ratios)


Interest-based Bargaining Also called mutual gains, win-win, and best-

practice bargaining

Eliminates some of the conflict of traditional collective bargaining

Based on the belief that the way to achieve a mutually beneficial contract is to create an environment in which all parties can openly discuss all issues to the fullest extent


Interest-based Bargaining Highly structured six-step process

1. Selection of issues

2. Discussion of interests

3. Generation of options

4. Establishment of standards to measure the options

5. Measurement of the options

6. Development of solutions


HCPs’ Questions About Collective Bargaining

Is it unprofessional? Is it unethical? Is it divisive? Closed shop or open shop? Is there a threat to job security?


Negotiating the Contract The contract is a legal document that

is binding for both management & the union

Contracts can be very specific and include just a few items or very broad and include many

Contracts often contain requirements for union membership by the employees and set the cost of dues for that membership.


Negotiating the Contract Representation

Negotiating teams are selected by both management & employee groups

Power & benefits Generally, management is reluctant to give up

power or relinquish money

Good-faith bargaining Law requires that each side must agree to meet at

reasonable times, send individuals to the negotiations who can make binding decisions, and be willing to bargain with the other side


Negotiating the Contract Mediation

Stalemate: failure to reach a settlement

Mediation uses a neutral third party provided by the Federal Mediation & Conciliation Service

The mediator meets with each side

Mediator brings the two sides together to attempt to work out a settlement

Both sides must work with the mediator

They are not required to accept the mediator’s recommendations


Negotiating the Contract Binding arbitration

An arbitrator with binding power may be appointed

The arbitrator investigates the conflict, meets with both sides, and makes a recommendation for settlement

The arbitrator’s recommendation must be accepted by both sides

Both labor & management try to avoid binding arbitration because it limits their negotiating powers and they may lose something gained during previous negotiations


Negotiating the Contract Threat of a strike When all else fails, the final step in the contract

negotiation process is work slowdowns or work stoppages (strikes)

Strikes are usually used by employees to gain power

Management can use a form of enforced strike called a lockout, whereby employees are not permitted to enter the work facility


Threat of a Strike The threat of a strike is usually

accompanied by more intense negotiations that may lead to a last-minute settlement

Strikes are detrimental to both sides

Alternative methods without a strike

Disruption of services on a random basis

Boycott of an organization


Ratifying the Contract After a settlement has been reached,

the contract must be ratified

The collective bargaining unit takes the contract back to the employees, who must approve it by vote

Once it is approved by a majority of the employees, the contract becomes legally binding for both management and employees


Collective Bargaining Concerns

Representation Unions vs State EMTs Association

Paramedic supervisors: employees or management?

In Civil defense as a military enterprise???

nursing now: today’s issues, tomorrow’s trends, 4th edition collective bargaining

Documents

todays issues

tomorrows trends

based bargaining

union slide

practice bargaining

selection of issues

strike slide

edition hcps questions