Lecture 10 Collective bargaining, unionization, and employment laws Flashcards Preview

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Flashcards in Lecture 10 Collective bargaining, unionization, and employment laws Deck (29):

*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

1. To increase the power of the individual.
2. To increase their input into organizational decision making.
3. To eliminate favoritism and discrimination.
4. A social need to be accepted.
5. Required to do so as part of employment (closed shop).
6. Belief that it will improve patient outcomes and quality of care.


Reasons why nurses *do not* want to join unions

1. Belief that unions promote the "welfare state" and oppose the American system of free enterprise.
2. A need to demonstrate individualism and promote social status.
3. Belief that professionals should not unionize.
4. Identifying with management's viewpoint.
5. Fear of employer reprisal.
6. Fear of lost income associated with a strike or walkout.


Grievance procedure

1. A statement of wrongdoing or a procedure to follow when one believes that a wrong has been committed.
2. Formal procedures can help decrease the likelihood that employees will unionize.


Interest cards

1. Brief form signed by employees who are interested in forming a union.
2. The NLRB requires that *at least 30%* of employees must sign before an election for unionization can be held.
3. 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.



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 _

1. 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).
2. Interfering with the formation of any labor organization or giving financial assistance to a labor organization.
3. Discriminating with regard to hiring, tenure, etc. to discourage union membership.
4. Discharging or discriminating against an employee who filed charges.
5. Refusing to bargain in good faith.


The Taft-Hartley Amendment (1947) *prohibited unions* from _

1. Requiring the self-employed to join unions.
2. Forcing an employer to cease doing business with another person.
3. Forcing an employer to bargain with one union when another union has already been certified as the bargaining agent.
4. Forcing an employer to assign certain work to members of one union rather than another.
5. Charging excessive or discriminatory initiation fees.
6. 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

1. Prohibits discrimination on the basis of race, religion, gender, and national origin.
2. 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 _

1. 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).