Unit 4 Labor Relations

Labor Issues  Vicarious liability: one party is responsible for the actions of another  Employer liable for damages  Encourages employer to retain competent practitioners

Respondeat Superior  “Let the master respond”  Employer is given responsibility for negligent actions  Duling v. Bluefield - Landmark case in 1965

Scope of Respondeat Superior  Injured must show that the employer had control over the employee  Negligent act occurred within the course and scope of the employee’s employment

Borrowed Servant Doctrine  Applies when one employer lends completely the services or skills of an employee to another employer - such as in the case of a physician’s direction who is not employed by the agency

Ostensible Authority  Allows agency to be liable for acts and omissions by independent contractors working within the agency

Personal Liability  Individuals are responsible for their own actions  Supervisors may or may not be held liable for staff actions depending on situations

Indemnification  Allows employer to recover damages from the individual personally responsible

Labor Law  Wagner Amendment of 1974: Allowed nonprofit organizations to join unions; opened unionization in nursing

United American Nurses  National Labor Assembly  North Carolina holds membership  Affiliated with ANA  27 State memberships

American Federation of Government Employees (AFGE)  AFGE represents Salisbury VA  Contract negotiated every few years  Contract takes precedence over VA policy  Federal Labor Relations Board  Seniority major factor in decision making

American Federation of Government Employees (AFGE) - Continued  86% dues paying members in Salisbury  Not allowed to strike or bargain over pay  Pay set by Congress  Capitated budget  Grievance procedures followed