Lecture 10 Collective bargaining, unionization, and employment laws Flashcards
Collective bargaining involves _
Activities occurring between organized labor and management that concern employee relations.
Regarding collective bargaining, a decrease in nurse vacancy rates (i.e., a surplus of nurses) will result in _
A decrease in union membership and activity (because nurses feel less confident that management would be amenable to nursing demands).
A major driving force for unionization is _
Perceptions of the quality of supervision - feelings of powerlessness, that the administration does not care about the employees, etc., will increase union rates.
Unions thrive in a climate that perceives the organizational philosophy to be _
Insensitive to the worker.
Executive Order 10988
Signed by President Kennedy in 1962; began collective bargaining for nurses because it lifted restrictions preventing public employees from organizing.
The 1974 amendments to the Wagner Act allowed _ to join unions.
Private, nonprofit organizations (hospitals, nursing homes, health clinics, etc.).
In 1989, a ruling by the National Labor Relations Board (NLRB) allowed _
Nurses to form their own separate bargaining units; this increased union activity.
With the exception of five states who have disaffiliated, the _ is recognized by the NLRB as a collective bargaining agent.
American Nurses Association (ANA).
Reasons why nurses join unions
- To increase the power of the individual.
- To increase their input into organizational decision making.
- To eliminate favoritism and discrimination.
- A social need to be accepted.
- Required to do so as part of employment (closed shop).
- Belief that it will improve patient outcomes and quality of care.
Reasons why nurses do not want to join unions
- Belief that unions promote the “welfare state” and oppose the American system of free enterprise.
- A need to demonstrate individualism and promote social status.
- Belief that professionals should not unionize.
- Identifying with management’s viewpoint.
- Fear of employer reprisal.
- Fear of lost income associated with a strike or walkout.
Grievance procedure
- A statement of wrongdoing or a procedure to follow when one believes that a wrong has been committed.
- Formal procedures can help decrease the likelihood that employees will unionize.
Interest cards
- Brief form signed by employees who are interested in forming a union.
- The NLRB requires that at least 30% of employees must sign before an election for unionization can be held.
- Most unions, however, will require 60% to 70% of employees to sign before spending the time and money involved in an organizing campaign.
In an election for unionization, _ must vote in favor of unionization before the union can be recognized.
50% + 1
Decertification may occur when at least _ of the eligible employees in the bargaining unit initiate a petition asking to no longer be represented by the union.
30%
The Fair Labor Standards Act (1938) set _
Minimum wage and maximum hours that can be worked before overtime is paid.
The Civil Rights Act of 1964 established _
Equal employment practices.
Executive Order 11246 (1965) and Executive Order 11375 (1967) set guidelines for _
Affirmative action.
The Age Discrimination Act (1967) and its 1978 amendment protect against _
Forced retirement.
The Rehabilitation Act (1973) protects _
The disabled.
The Vietnam Veterans Act (1973/1974) provides _
Reemployment rights for veterans.
Labor standards
Regulations dealing with conditions of employees’ work, physical conditions, financial aspects, and number of hours worked.
The Wagner Act (1935) prohibited managers from _
- Interfering with, restraining, or coercing employees in a way that interfered with their rights (e.g., spying on gatherings, threatening employees with job loss for unionizing).
- Interfering with the formation of any labor organization or giving financial assistance to a labor organization.
- Discriminating with regard to hiring, tenure, etc. to discourage union membership.
- Discharging or discriminating against an employee who filed charges.
- Refusing to bargain in good faith.
The Taft-Hartley Amendment (1947) prohibited unions from _
- Requiring the self-employed to join unions.
- Forcing an employer to cease doing business with another person.
- Forcing an employer to bargain with one union when another union has already been certified as the bargaining agent.
- Forcing an employer to assign certain work to members of one union rather than another.
- Charging excessive or discriminatory initiation fees.
- Causing or attempting to cause an employer to pay for unnecessary services.
Equal employment opportunity laws prohibit discrimination on the basis of _
Age, disability, national origin, pregnancy, race/color, religion, gender, sexual harassment, etc.
Title VII of the Civil Rights Act of 1964
- Prohibits discrimination on the basis of race, religion, gender, and national origin.
- Promotes employment based on ability and merit.
The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as _
Unwelcome sexual advances, request 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.
The Occupational Safety and Health Act speaks to the employer’s requirements to provide _
A place of employment that is free from recognized hazards that may cause physical harm.
Historically, union activity increases during times of _
- Labor shortages.
2. Economic upswings.
Nurses who spend less than _ of their time as charge are considered staff nurses.
10-15% (nurses working more than 15% of their professional time as charge nurses are considered supervisors).
