Chapter 22 - Assignment How Would You Handle This Petition? Betty Smith, a unit clerk, has come to see you, the nurse-manager of the medical unit, to complain of flagrant discriminatory practices against female employees of University General Hospital. She alleges that women are denied promotional and training opportunities comparable to those made available to men. She shows you a petition with 35 signatures supporting her allegations. Ms. Smith has threatened to forward this petition to the administrator of the hospital, the press, and the Department of Labor unless corrective action is taken at once. Being a woman yourself, you have some sympathy for Ms. Smith's complaint. However, you believe overall that employees at University General are treated fairly regardless of their sex. Ms. Smith, a fairly good employee, has worked on your unit for 4 years. However, she has been creating problems lately. She has been reprimanded for taking too much time for coffee breaks. Personnel evaluations that recommend pay raises and promotions are due next week. Instructions: 1. Read the scenario above and answer the following questions: a. How should you handle this problem? b. Is the personnel evaluation an appropriate time to address the petition? c. Outline your plan and explain your rationale 2. Your paper should be: o Typed according to APA style for margins, formatting and spacing standards. o Typed into a Microsoft Word document, save the file, and then upload the file Chapter 22 Collective Bargaining, Unionization, and Employment Laws Potential Constraints Affecting Directing Unions and Employment Laws • Collective bargaining • Historical perspective • Driving forces • Restraining forces • Labor standards Copyright © 2018 Wolters Kluwer · All Rights Reserved Manager Perspectives Managers must be able to see collective bargaining and employment legislation from four perspectives. 1. The organization 2. The worker 3. General historical/societal 4. Personal Copyright © 2018 Wolters Kluwer · All Rights Reserved Collective Bargaining • Activities occurring between organized labor and management that concern employee relations • Negotiation of formal labor agreements and day-today interactions between unions and management Copyright © 2018 Wolters Kluwer · All Rights Reserved The Relationship Between Labor and Management • The roots of union activity lie in poor relationships between employees and management. • The middle manager has the greatest impact on the quality of the relationship that develops between labor and management. • It is possible to create a climate in which labor and management can work together to accomplish mutual goals. Copyright © 2018 Wolters Kluwer · All Rights Reserved Historical Perspective • Unions have been present in America since the 1790s. • Union membership and activity increase during high employment and prosperity and decrease sharply during economic recessions and layoffs. • High demand for nurses correlates with increased union activity. • Nurses’ perceptions of quality of supervision have affected the unionization rates of nurses. Copyright © 2018 Wolters Kluwer · All Rights Reserved Union Representation of Nurses • California Nurses Association (CAN)/National Nurses Organizing Committee • Service Employees International Union (SEIU) • National Union of Healthcare Workers (NUHW) Copyright © 2018 Wolters Kluwer · All Rights Reserved Dual Role of ANA and Collective Bargaining ANA mission: nurses advance our profession to improve health of all ANA represents nurses and high standards of nursing practice. Copyright © 2018 Wolters Kluwer · All Rights Reserved State Associations • The states with the most union organizing for all industries, including health care, are New York, California, Pennsylvania, Michigan, and Illinois. • The use of state associations as bargaining agents has been a divisive issue among American nurses. Some nurse-managers believe they have been disenfranchised by their professional organization. • This conflict has manifested itself in recent splitting away of state nurses associations from the parent ANA organization. Copyright © 2018 Wolters Kluwer · All Rights Reserved Reasons Why Nurses Join Unions • Increase the power of the individual • Increase input into organizational decision making • Eliminate discrimination and favoritism • Because of social need to be accepted • Because they are required to do so by employer • Because they believe it will improve patient outcomes and quality of care Copyright © 2018 Wolters Kluwer · All Rights Reserved Reasons Why Nurses Do Not Want to Join Unions • Belief that unions promote the welfare state • Need to demonstrate individualism and promote social status • Belief that professionals should not unionize • Identification with management’s viewpoint • Fear of employer reprisal • Fear of lost income associated with a strike or walkout Copyright © 2018 Wolters Kluwer · All Rights Reserved Strategies for Averting the Union • • • • • • • • • • Knowledge and care of employees Personnel policies that are fair and well communicated Up and down talk Well-trained managers Procedure for handling employee grievances Competitive wages/benefits Performance appraisals Promotions and transfers Job security is equal to job performance. Policy on unionization Copyright © 2018 Wolters Kluwer · All Rights Reserved Organizing a Union • Employees have a right to participate in union organizing under the NLRA, and managers must not interfere with this right. • Generally, however, solicitation and distribution of union literature are banned entirely in “immediate patient care areas.” • Once management is faced with dealing with a bargaining agent, it has a choice of either accepting or opposing the union. Copyright © 2018 Wolters Kluwer · All Rights Reserved Question Tell whether the statement is true or false: Management must not interfere with the right of a union member to distribute literature. A. True B. False Copyright © 2018 Wolters Kluwer · All Rights Reserved Answer B. False Rationale: Management cannot interfere with the right of employees to unionize, but the distribution of literature in immediate patient care areas is forbidden. Copyright © 2018 Wolters Kluwer · All Rights Reserved Employment Legislation • Labor standards • Labor relations • Equal employment opportunity laws • Civil and criminal laws • Other legislation Copyright © 2018 Wolters Kluwer · All Rights Reserved Employment and Labor Laws Copyright © 2018 Wolters Kluwer · All Rights Reserved Labor Legislation Copyright © 2018 Wolters Kluwer · All Rights Reserved Question Which legislation revoked some powers previously given to unions, creating more balance between unions and management? A. Wagner Act B. Taft-Hartley Amendment C. Kennedy Executive Order 10988 D. Amendments to Wagner Act Copyright © 2018 Wolters Kluwer · All Rights Reserved Answer B. Taft-Hartley Amendment Rationale: This amendment restored some of the power to management that the Wagner Act had previously given to unions. Copyright © 2018 Wolters Kluwer · All Rights Reserved Question Tell whether the statement is true or false: A nurse who feels a strong need to get ahead on his or her own merits would be less likely to join a union. A. True B. False Copyright © 2018 Wolters Kluwer · All Rights Reserved Answer A. True Rationale: Nurses who tend to place individual values over those of the group are less likely to join a union. Copyright © 2018 Wolters Kluwer · All Rights Reserved Regulation State and federal employment legislation often overlap; as a general rule, the employer must abide by the stricter of the two regulations. Copyright © 2018 Wolters Kluwer · All Rights Reserved Equal Employment Opportunity Equal employment opportunities have fostered many profound changes in the American workplace. Women, minorities, and the handicapped have had some success in gaining jobs previously denied to them; however, only modest gains in achieving ethnic diversity have occurred in nursing. Copyright © 2018 Wolters Kluwer · All Rights Reserved Equal Pay • The Equal Pay Act of 1963 requires that men and women performing equal work receive equal compensation. • Four equal pay tests exist—equal skill, equal effort, equal responsibility, and similar working conditions. Copyright © 2018 Wolters Kluwer · All Rights Reserved Sexual Harassment The United States Equal Employment Opportunity Commission (USEEOC) (2007) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. Copyright © 2018 Wolters Kluwer · All Rights Reserved 
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