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 More$$$ 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 On Strike Unfair

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 Selection of issues Discussion of interests Generation of options Establishment of standards to measure the options Measurement of the options 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???