Copyright © 2006 Elsevier, Inc. All rights reserved Chapter 18 Collective Bargaining: Traditional and Non-Traditional Approaches

Copyright © 2006 Elsevier, Inc. All rights reserved The Evolution of Collective Bargaining in Nursing 1940s—Nurses subject to arbitrary schedules, uncompensated overtime, no health or pension benefits, and no sick or personal time 1940s—Nurses subject to arbitrary schedules, uncompensated overtime, no health or pension benefits, and no sick or personal time 1946—ANA approves resolution leading to collective bargaining 1946—ANA approves resolution leading to collective bargaining Many unions compete for right to represent nurses Many unions compete for right to represent nurses 1980s—National Labor Relations Board stopped approving all-RN bargaining units 1980s—National Labor Relations Board stopped approving all-RN bargaining units Legal battle between ANA and American Hospital Association Legal battle between ANA and American Hospital Association

Copyright © 2006 Elsevier, Inc. All rights reserved Who Represents Collective Bargaining in Nursing? Nontraditional process is referred to as Interest Based Bargaining (IBB) Nontraditional process is referred to as Interest Based Bargaining (IBB) Center for American Nurses (CAN) Center for American Nurses (CAN) Associate Organizational Member (AOM) Associate Organizational Member (AOM) United American Nurses (UAN) United American Nurses (UAN)

Copyright © 2006 Elsevier, Inc. All rights reserved CAN and UAN—What Are the Common Issues? Staffing issues Staffing issues Professional performance Professional performance Objection to an assignment Objection to an assignment Concept of shared governance Concept of shared governance Health hazards Health hazards Clinical or career ladder Clinical or career ladder Negotiations Negotiations

Copyright © 2006 Elsevier, Inc. All rights reserved Is There a Place for Collective Bargaining in Nursing? Administrators and nursing supervisors fail to recognize and address nurses’ individual and collective needs Administrators and nursing supervisors fail to recognize and address nurses’ individual and collective needs Many nurses support collective bargaining in the workplace as a way to control their practice by redistributing power within the health care organization Many nurses support collective bargaining in the workplace as a way to control their practice by redistributing power within the health care organization

Copyright © 2006 Elsevier, Inc. All rights reserved Nurse Participation in Collective Bargaining Collective bargaining for nurses usually occurs in states where there is also significant union activity Collective bargaining for nurses usually occurs in states where there is also significant union activity 80% of nurses belong to no association and have no professional affiliation 80% of nurses belong to no association and have no professional affiliation ANA’s efforts to address workplace concerns will result in larger membership numbers ANA’s efforts to address workplace concerns will result in larger membership numbers

Copyright © 2006 Elsevier, Inc. All rights reserved Where Does Collective Bargaining Begin? Nurses in private sector are guaranteed legal protection, as stated in National Labor Relations Act, if they seek collective bargaining agent Nurses in private sector are guaranteed legal protection, as stated in National Labor Relations Act, if they seek collective bargaining agent Your employer may choose to bargain in good faith Your employer may choose to bargain in good faith Your employer may appeal requests for representation to the National Labor Relations Board (NLRB) Your employer may appeal requests for representation to the National Labor Relations Board (NLRB)

Copyright © 2006 Elsevier, Inc. All rights reserved What Can a Contract Do? Wages Wages Job security versus career security Job security versus career security Seniority rights Seniority rights Resolution of grievances Resolution of grievances Arbitration Arbitration

Copyright © 2006 Elsevier, Inc. All rights reserved What Are the Elements of a Sound Contract? Membership Membership Retirement Retirement Access to health care benefits Access to health care benefits Family-leave policies Family-leave policies Scheduling of work hours Scheduling of work hours Addressing staffing issues Addressing staffing issues

Copyright © 2006 Elsevier, Inc. All rights reserved How Can Nurses Control Their Own Practice? Improve professional practice of nurses and nursing assistants Improve professional practice of nurses and nursing assistants Recommend ways and means to improve patient care Recommend ways and means to improve patient care Make recommendations to hospital management when, for example, a critical nurse staffing shortage exists Make recommendations to hospital management when, for example, a critical nurse staffing shortage exists Identify and recommend elimination of hazards in workplace Identify and recommend elimination of hazards in workplace Nurse practice committees Nurse practice committees Strikes and other labor disputes Strikes and other labor disputes