Labor Relations and Healthcare Organizations

Hello, I have an exam and I need help. This is 100 mins class, with 4 essay type questions. Once i open it, I will attached the questions and you need to send me back in 100 min. NO Plagiarism because it will use Turnintin and plagiarism report must be attached. I attached the lectures for your help. No specific word limits to each questions but my guess it should be at least 300 words each buy main thing it should be properly answered.

 

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This exam requires you to answer 4 essay questions based upon class Panopto presentations. Each question is worth 25 points. You have 100 min to complete the exam. Once you start you cannot stop and go back to it at a later date. Do not open multiple course moodle sites. You may be unable to submit your exam responses.Good luck!

I will send you pics of the questions and you need to send answers within 100 mins.

Labor Relations and Healthcare Organizations

 

 

 

Week 6 session 3

1

 

Unions

Union

— A formal association of workers that promotes its members’ interest through collective bargaining

— The official employee representative

 

Unions in the United States

Represent about 11% of the U.S. civilian workforce

Union membership declining

Unions heavily concentrated in metropolitan areas

Union activity in healthcare industry likely to increase

2

Why Employees Unionize

Employees feel mistreated

Employees concerned about staff-to-patient ratios

Employees believe a union can negotiate financial & job security, and better working conditions

 

JOB DISSATISFACTION

Poor working conditions

Lack of recognition

Job stress

Lack of career opportunities

Competing personal family commitments

3

 

 

 

 

 

 

 

Manager’s role is to create positive work environment in order to avoid unionization

4

Unionization in Healthcare

A vote AGAINST management

A vote FOR the union

Unionization is frequently…

vs.

Labor-Relations Philosophy

 

Both parties try to control process & relationship

Information used selectively to gain advantages

Decisions made by compromise

Not favorable for long-term relationships

 

Shared responsibility to address mutual concerns from both sides

Openly share information

Decisions made by consensus

Favorable for long-term relationships

 

 

5

Union-management relationship

Adversarial

Collaborative

National Labor Code

6

National Labor Relations Act (NLRA)

Also known as: Wagner Act

 

Enforced by: National Labor Relations Board (NLRB.gov)

 

Federal Mediation and Conciliation Services

— Agency that mediates labor negotiations and conflicts

 

(http://www.fmcs.gov/)

7

Taft-Hartley Act

(rights of management)

 

Passed in1947

 

Designed to equalize the efforts of the NLRA

 

Defines and prohibits unfair labor practices by unions

Landrum-Griffin Act

(rights of union members & their unions)

 

Passed in 1959

 

Designed to protect workers from the unions that represent them

 

Curtails corrupt union practices

8

Taft-Hartley Act & Landrum-Griffin Act

Who’s covered by the NLRA?

9

NLRA rights

Employee Rights

 

to form, join, decertify, or assist a labor organization

to bargain collectively through representatives of their own choosing

to refrain from such activities.

Employees may also join together to improve terms and conditions of employment without a union (concerted activities)

 

Examples of concerted activities

Two or more employees addressing their employer about improving their pay.

Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other.

An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

 

10

Unfair Labor Practices

By Employers:

Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity.

Threatening to close the plant if employees select a union to represent them.

Questioning employees about their union sympathies or

Promising benefits to employees to discourage their union support.

Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity.

 

By Unions:

Threats to employees that they will lose their jobs unless they support the union.

Seeking the suspension, discharge or other punishment of an employee for not being a union member

Refusing to process a grievance because an employee has criticized union officials

Engaging in picket line misconduct, such as threatening, assaulting, or barring non-strikers from the employer’s premises.

 

11

Example of unfair labor practices by an employer

12

Example of unfair labor practices by an employer

13

Special provisions specific to healthcare industry

Purpose: To protect communities in case of strike

 

10-day strike notice

– required of unions who intend to strike

Negotiation Notification

– requires parties to notify FMCS 90 days prior to contract

expiration, of intent to begin negotiation

Impasse

– when the parties cannot resolve a dispute

– requires notification to FMCS & mediator is assigned

Board of inquiry

– investigates, reports, & recommends solutions to resolve

contract disputes

14

NLRA & the Healthcare Industry

Most employees in the private sector are covered by the NLRA. However, the Act specifically

excludes individuals who are:

 employed by Federal, state, or local government

 employed as agricultural laborers

 employed in the domestic service of any person or family in a home

 employed by a parent or spouse

 employed as an independent contractor

 employed as a supervisor (supervisors who have been discriminated against for refusing

to violate the NLRA may be covered)

 employed by an employer subject to the Railway Labor Act, such as railro ads and airlines

Mek Arden, LLC d/b/a Arden Post Acute Rehab, Board Case No. 20 -CA-156352 (reported at 365 NLRB

No. 109) (D.C. Cir. decided December 7, 201 8)

In an unpublished judgment, the Court enforced the Board’s order issued against this operator of a long –

term-care and rehabilitation facility in Sacramento, California. The Board’s order remedies several

violations of Section 8(a)(1) committed during t he weeks leading up to an election in which a unit of

certified nursing assistants, cooks, housekeepers, and maintenance workers voted 41 to 45 not to be

represented by Service Employees International Union, Local 2015.

The Board found that the Employer unlawfully directed employees to wear attire associated with its

anti-union campaign, created the impression that employees’ union and protected activities were under

surveillance, prohibited the posting of union literature and removed such postings, and directed

employees not to wear union scrubs or to visit areas of the facility to which they were not assigned. The

Board also found that the Employer unlawfully s olicited employee grievances and impliedly promised to

remedy them. Finally, the Board set aside the election and remanded the case to the Regional Director

to conduct a new election.

Linwood Care Center (04-CA-146362, et al.; 367 NLRB No. 14 ) Linwood, NJ, October 10, 2018.

The Board adopted the Administrative Law Judge ’s conclusions that the Respondent violated: (1) Section

8(a)(1) by coercively interrogating employees about their union sympathies, and creating the impression

that their union activities were under surveillance; and (2) Section 8(a)(5) and (1) by unilate rally

changing the parties’ agreement concerning the Union’s access to its facility, and unreasonably delaying

in furnishing information the Union requested about personnel files of disciplined employees. The

Board also affirmed the judge’s dismissal of a llegations that the Respondent violated Section 8(a)(1) by

creating the impression of surveillance concerning employee support for the Union.

Moreover, ruling on complaint allegations that the judge did not address, the Board unanimously found,

based on uncontested facts, that the Respondent violated Section 8(a)(1) by: soliciting employees’

grievances and impliedly promising to remedy them; promising better working conditions and terms of

employment if employees voted to get rid of the Union; promising inc reased staffing and retroactive pay

increases in order to discourage employees’ support for the Union; telling an employee that a pay

increase could not be made because of the Union; and promising to discharge a disliked supervisor, train

a supervisor, increase wages, and change management in order to discourage employees from

supporting the Union.

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