Nurses need collective bargaining collective bargaining is professional.
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Employees in the health care industry, including physicians, have recently taken more interest in unions and collective bargaining. At the present time the health care industry is approximately 20 percent unionized. Labor leaders believe that existing conditions are fertile ground for significant union activity that has been on a recent upswing after a decline during the early 1980s. While current attention is being drawn to the shortage of and increased union organizational activities by nurses, physicians may not be far behind. It is conceivable that by the year 2000 the majority of physicians in the United States will work in full-time salaried positions. In addition, the antitrust laws that currently restrain independent physicians from collective bargaining are being challenged and are likely to change as more physicians become salaried and begin to resemble other professional employee groups. The ruling determining that interns and residents are students rather than hospital employees is also certain to be challenged and changed, especially as pressures on the National Labor Relations Board (NLRB) are brought by house staff union organizations. After a 1987 ruling that the NLRB had been improperly interpreting the 1974 amendments to the Taft-Hartley Act, the NLRB was ordered to exercise its rule-making power in defining bargaining units for health care workers in acute care hospitals. Physicians would then be one of eight occupations defined as a separate health care bargaining unit.
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Collective bargaining in higher education is a phenomenon that is less than 20 years old. This article chronicles the development of legal jurisdiction and the growth of bargaining activity in the public and private sectors. It focuses on the relevant differences between two- and four-year institutions in the public and private sectors as well as several of the major problem areas in higher education and their current legal status, including the Yeshiva decision. The author cites a number of inconsistent rulings that cover collective bargaining in higher education and takes the position that, in spite of all diversity and inconsistencies, the collective bargaining process continues to grow.
Faculty attitudes toward collective bargaining at a prestigious public medical school indicate considerable ambivalence toward unionization. As might be expected, salary dissatisfaction is the greatest cause of faculty discontent; however, it is not the most important factor in favoring collective strength. The irony is that the faculty members most in favor of collective bargaining are least dissatisfied with their salary levels. Conversely, the highest earning faculty members are least in favor of unionization but most dissatisfied with their salary scale. The study reported here shows that faculties perceive the protection or enhancement of collegiality as the single most important factor influencing their attitudes toward unionization. This perception suggests that faculties see collective bargaining as a means of strengthening their position relative to greater inclusion in the decision-making processes of the medical school.
Negotiation of a collective bargaining agreement requires knowledge and preparation. This article outlines considerations and strategies for nursing administrators who are about to participate in labor negotiations. A "how-to" focus is presented by the author, an attorney who represents major hospitals in labor negotiations.
This article discusses both the history of physician collective bargaining and the applicability of the 1974 health amendments of the National Labor Relations Act to this subject. Gordon outlines the issues for housestaff programs as well as for hospital-based professionals. The scope of physician bargaining includes: wages, hours, working conditions and issues related to the quality of patient care. Housestaff collective bargaining often addresses the issues of on-duty meals, free laundry and uniforms, subsidized housing, parking facilities, and on-call rooms. The concerns of staff physicians include tenure, pensions, and insurance benefits. Gordon suggests that the difficulty and novelty of physician/ hospital collective bargaining will frequently result in an impasse. He states that the propriety or impropriety of a doctors' strike depends upon: (l) the patient-care implications of the grievance causing the strike; (2) the gravity of the grievance leading to work stoppage; (3) the consequences of the strike for patient care; and (4) the other alternatives available. In the view of the author, a doctors' strike may be justified when it arises from a grievance relating to patient care as well as to self-aggrandizement. He states,"...if the strike is the only effective method of making known conditions prejudicial to patient care, including conditions which regularly and systematically cause loss of health and life, the physician may be obliged to engage in such a strike, rather than desist from such action." He concludes that as professionals shift from being private entrepreneurs to salaried employees, they will be compelled to use a collective bargaining approach for professional as well as economic concerns.
There is little doubt that collective bargaining is here to stay in hospital nursing, and it adds a new dimension to the nursing administrator's area of responsibility. Careful planning and preparation for participation, trust and open communication, an attitude of acceptance, and a focus on the positive aspects of the negotiations will place the nursing administrator in an advantageous position in regard to collective bargaining in any practice setting.
Since the presence of collective bargaining is assured, more specific focus on the impact and implications of this presence for allied health education is increasingly meaningful. The departmental chair stands to be influenced more than other administrative positions by the appearance of collective bargaining. Indeed, resolution of the question of whether the allied health chair is appropriately included in or excluded from bargaining units predominantly made up of faculty members may have profound implications for faculty and central administration. The allied health chair itself may undergo substantive shaping prior or subsequent to the advent of collective bargaining at the university. This article selectively explores not only the impact of collective bargaining and unit determination in higher education but also bargaining unit placement criteria operative in private and public academic sectors. State and federal legislative and judicial action relative to the bargaining unit placement of department chairs is also addressed. The gravity of the issue of bargaining unit placement of allied health department chairs means that all concerned should broaden their awareness of the relevant factors in this process.
Collective bargaining has made substantial progress in the health care industry in recent years, especially among nurses. It is important for health care administrators to consider the underlying issues and the future prospects for collective bargaining by this critical group of health care providers.
The increasing influence of third parties on collective bargaining has continued to interest labor relations practitioners. The authors discusses the role of third-party payers and state regulatory agencies in labor-management negotiations at voluntary hospitals. Highlighted is the bargaining strategy adopted by negotiators when collective bargaining operates under a prospective rate-setting system. Also presented are the economic variables by which the payers influence hospital-union relationships and their effect on the outcomes of bargaining. The author describes the political context of health-care bargaining and the growing significance of cost control on hospital negotiations. He concludes that third-party payers cause health-care bargaining to change from a bilateral structure to a multilateral dimension.
Collective bargaining activity by nurses is a fairly recent event in the health care industry and labor-management relations. This article reports the findings of an exploratory study designed to identify the attitudes of baccalaureate nursing faculty toward collective bargaining in the service setting. The project is based on the premise that faculty attitudes are a fundamental factor in shaping the views of future practitioners. The attitude of faculty was found, at best, conditional. Consensus is lacking in such areas as professionalization vs. unionization and in feelings about the use of the strike.