Code of ethics Introduction A code of ethics is a formal statement of a groups ideals and values.

It is a set of ethical principles that is shared by members of the group, reflects their moral judgements over time, and serves as a standard for their professional actions. Code of ethics is usually higher than legal standards, and they can never be less than the legal standards of the profession. International, national, state, and provisional nursing associations have established code of ethics. The international council of nurses(ICN) developed and adopted their first code of ethics in 1953. The ICN code was revised in 1965 and again in 1973. The American nurses association(ANA) first adopted a code of ethics in 1950, it was revised in 1968, 1976, and 1985. In 1980, the Canadian nurses association(CNA) adopted a code of ethics, it was revised in 1991. Increasingly, professional nursing associations are taking an active part in improving and enforcing standards. Nurses are responsible for being familiar with the code that governs their practice. American nurses association Code for nurses 1. The nurse provides services with respect for human dignitary and the uniqueness of the client unrestricted considerations of social or economic status, personal attributes, or the nature of health problems. 2. The nurse safeguards the clients right to privacy by judiciously protecting information of a confidential nature. 3. The nurse acts to safeguard the client and the public when health care and safety are affected by the incompetent, unethical, or illegal practice of any person. 4. The nurse assumes responsibility and accountability for individual nursing judgements and actions. 5. The nurse maintains competence in nursing. 6. The nurse exercises informed judgement and uses individual competence and qualifications as criteria in seeking consultation, accepting responsibilities, and delegating nursing activities to others. 7. The nurse participates in activities that contribute to the ongoing development of the professions body of knowledge. 8. The nurse participates in the professions efforts to implement and improve standards of nursing. 9. The nurse participates in the professions effort to establish and maintain conditions of employment conductive to high quality nursing care. 10. The nurse participates in the professions effort to protect the public from misinformation and misrepresentation and to maintain the integrity of nursing. 11. The nurse collaborates with members of the health professions and other citizens in promoting community and national efforts to meet the health needs of the public. Functions of ethical code 1. To inform the public about the minimum standards of the profession and to help them understand professional nursing conduct. 2. To provide a sign of the professions commitment to the public it serves. 3. To outline the major ethical considerations of the profession. 4. To provide general guidelines for professional behaviour. 5. To guide the profession in self regulation.

6.

To remind nurses of the special responsibility they assume when caring for the sick.

Because the wording in a code of ethics intentionally vague, such codes can serve as general guide. They do not give direction for actions to take in specific cases. E.g. the first item in the ANA code for nurses refers to respect for human dignity and states that in caring for clients, nurses should be unrestricted by considerations of the nature of health problems when making ethical decisions, nurse should consider their code of ethics together with a more unified ethical theory, ethical principles, and the relevant data about each situation. Types of ethical problems Nurses encountered two broad types of problems; decision focused problems and action focused problems. In decision focused problems, the difficulty lies in deciding what to do. The question is, What should i do? In this case, two principles clearly apply, so no matter what the nurse does, an important value must be sacrified. This is the typical moral dilemma that people commonly equate with ethics, sometimes referred to as being between a rock and a hard place. The nature of a dilemma dictates that there are no easy solutions. However, because the difficulty is personal and internal, nurses can address decision focused problems by learning to make better decisions. E.g. reviewing their own personal value systems, taking advantage of staff development offerings, and attending ethics rounds. In action focused problems, the difficulty lies not in making the decision, but in implementing it, in these situations, nurses usually feel secure in their judgement about what is right but act on their judgement only at personal risk. Moral distress, one type of action focused problem, occurs when the nurse knows the right course of action but cannot carry it out because of institutional policies or their constraints. This result in feeling of anger, guilt, and loss of integrity on the part of nurse and can impact client care. Unlike decision focused problems, action focused problems cannot be resolved by improving ones decision making skills. Action focused problems require knowledge, experience, communication, and the ability to make integrity preserving compromises. To deal successfully with these problems, nurse must shift their attention away from making the right decision and focus on the factors that are preventing the right action. Resolving ethical problems Nurses need to be aware of ethical theories and principles, the nursing code of ethics, and their own hierarchy of values. These components enter in to their decision making process along with the facts of a specific situation. Good decision making requires nurses to be aware of factors that contribute to and/ or hinder ones ability to make a choice. These factors include cultural values, social expectations, degree of commitment, lack of time, lack of experience, ignorance or fear of the law, and conflicting loyalties. Responsible ethical reasoning is rational thinking. It is also systematic and based upon principles. It should not be based upon emotions, intuition, fixed policies, or precedents (A precedent is an earlier similar occurence). However, intuition may actually improve the quality of ones ethical decisions. Bibliography Kozhier, erb, blais, Wilkinson. Fundamentals of nursing. 5th ed. Pg. 207-210. Addison Wesley longman publications.

Collective bargaining (http://en.wikipedia.org/wiki/Collective_bargaining)

From Wikipedia, the free encyclopedia
Jump to: navigation, search In organized labor/industrial relations, collective bargaining involves workers organizing together (usually in unions) to meet, discuss, and negotiate upon the work conditions with their employers. Such bargaining normally results in a written contract setting forth the wages, hours, and other conditions which the parties agree on for a stipulated period.[1] It is the practice in which union and company representatives meet to negotiate a new labor contract.[2] In various national labor- and employment-law contexts, the term collective bargaining takes on a more specific legal meaning. In a broad sense, however, it implies the coming together of workers to negotiate their employment-conditions. A collective agreement functions as a labor contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and employers (generally represented by management, in some countries[which?] by an employers' organization) in respect of the terms and conditions of employment of employees, such as wages, hours of work, working conditions and grievance-procedures, and about the rights and responsibilities of trade unions. The parties often refer to the result of the negotiation as a collective bargaining agreement (CBA) or as a collective employment agreement (CEA).

Contents
[hide]

1 Theories 2 United States 3 References 4 External links

[edit] Theories
A number of theories from the fields of industrial relations, economics, political science, history and sociology (as well as in the writings of activists, workers and labor organizations) have attempted to define and explain collective bargaining. Collective bargaining consists of a type of negotiation between organized workers or employees and their employer or employers - usually to determine wages, hours, rules, and working conditions. One theory[which?] suggests that collective bargaining is a human right and thus deserving of legal protection. Article 23 of the Universal Declaration of Human Rights identifies the ability to organise trade unions as a fundamental human right.[3] Item 2(a) of the International Labor Organization's Declaration on Fundamental Principles and Rights at Work defines the "freedom of association and the effective recognition of the right to collective bargaining" as an essential right of workers.[4] In June 2007 the Supreme Court of Canada extensively reviewed the rationale for regarding collective bargaining as a human right. In the case of Facilities Subsector Bargaining Assn. v. British Columbia, the Court made the following observations:

The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives, namely their work. Collective bargaining is not simply an instrument for pursuing external endsrather [it] is intrinsically valuable as an experience in self-government. Collective bargaining permits workers to achieve a form of workplace democracy and to ensure the rule of law in the workplace. Workers gain a voice to influence the establishment of rules that control a major aspect of their lives.[5]

Different economic theories provide a number of models intended to explain some aspects of collective bargaining: 1. The so-called Monopoly Union Model (Dunlop, 1944) states that the monopoly union has the power to maximise the wage rate; the firm then chooses the level of employment. (Recent literature has started to abandon this model.[citation needed] 2. The Right-to-Manage model, developed by the British school during the 1980s (Nickell) views the labour union and the firm bargaining over the wage rate according to a typical Nash Bargaining Maximin (written as = U1-, where U is the utility function of the labour union, the profit of the firm and represents the bargaining power of the labour unions). 3. The efficient bargaining model (McDonald and Solow, 1981) sees the union and the firm bargaining over both wages and employment (or, more realistically, hours of work).[citation needed]

Bargaining stage (http://changingminds.org/disciplines/change_management/kubler_ross/bargaining_stage.htm)

Disciplines > Change Management > The Kbler-Ross grief cycle > Bargaining stage Symptoms | Treatment | See also

In the Kbler-Ross Grief Cycle, the fourth stage is one of desperate bargaining. In order, the stages are: Shock, Denial, Anger, Bargaining, Depression, Testing, Acceptance.

Symptoms
After the fires of anger have been blow out, the next stage is a desperate round of bargaining, seeking ways to avoid having the bad thing happen. Bargaining is thus a vain expression of hope that the bad news is reversible. Bargaining in illness includes seeking alternative therapies and experimental drugs. In organizations, it includes offering to work for less money (or even none!), offering to do alternative work or be demoted down the hierarchy. One's loyalties, debts and dependants may be paraded as evidence of the essentiality of being saved.

Treatment

When people are bargaining, you should not offer them any false hope. Although there may be practical things they can do which you can offer them, never offer them something that cannot be fulfilled. Sometimes the best you can do at this stage is point even more at the inevitable, even though this may well tip them into depression (which may well be a necessary move). When they are in a bargaining mood, sometimes there are things you can offer them, such as support for change or new opportunities. In these cases you may be able to strike a win-win deal, where they get an improved deal and you get collaboration or some other contribution. In a business setting, this may include finishing off some important work before they leave and receiving a special bonus for doing so.

What is Collective Bargaining? (http://www.wisegeek.com/what-iscollective-bargaining.htm) Written by S.E. Smith Last Modified: 14 December 2009 copyright 2003 - 2010 conjecture corporation

Collective bargaining is a type of negotiation used by employees to work with their employers. During a collective bargaining period, workers' representatives approach the employer and attempt to negotiate a contract which both sides can agree with. Typical issues covered in a labor contract are hours, wages, benefits, working conditions, and the rules of the workplace. Once both sides have reached a contract that they find agreeable, it is signed and kept in place for a set period of time, most commonly three years. The final contract is called a collective bargaining agreement, to reflect the fact that it is the result of a collective bargaining effort. Ads by Google Talco, Inc. Rotary Unions Multi-passage, Semicon, H2O joints Coolant, Stock & Custom, Visa & MC www.rotaryunions.net Be Beautiful Join the Be Beautiful Club. Sign Up today & win yourself a gift hamper www.BeBeautiful.in The roots of collective bargaining lie in the late nineteenth century, when workers began to agitate for more rights in their places of employment. Many skilled trades started using their skills as bargaining tools to force their employers to meet their workplace needs. Other workers relied on sheer numbers, creating general strikes to protest poor working conditions. Several labor pioneers started to establish a collective bargaining system so that labor negotiations could run more smoothly. Typically, the employees are represented by a union. Collective bargaining actually begins with joining a union, agreeing to abide by the rules of the union, and electing union representatives. In general, experienced people from the union will assist the employees with putting together a draft of a contract, and will help them present their desires to the company. Numerous meetings between representatives of employer and employees will be held until the two can agree on a contract. As the contract is being negotiated, general employees also have input on it, through their union officers. Thus, the agreement reflects the combined desires of all the employees, along with limitations that the employer wishes to see put in place. The result is a powerful document which usually reflects cooperative effort. In some cases, however, the union or the employer may resort to antagonistic tactics such as striking or creating a lockout, in order to push the agreement through.

For workers, collective bargaining is an excellent tool. Many workplaces benefit from unionization, which allows workers to speak together as a body to assert their rights. Employers also benefit from collective bargaining agreements, which set out clear expectations for both sides. The experience of collective bargaining can also be a learning experience for both sides of the discussion, as it encourages employers and employees alike to consider each other's positions.

Differing Approaches to Employee Relations at the Collective and Individual Level (http://www.revisionguru.co.uk/business/relations.htm)
Managing the relationships between employees and employers grows more complex and more critical every year

. You need a strong relationship between employers and employees to navigate the human resource minefields of sexual harassment, employee threats of violence, equal employment opportunity, executive compensation, plant closing and relocations, and downsizing and workforce restructuring.

Basically, employees have a relationship with their employer/s, and the success of this relationship influences the success of the company Collective and Individual relations refers to two of the main types of relationship between the two parties. What is individual Bargaining? Individual bargaining is the process by which an employer and an employee negotiate an individual contract of employment, regulating the terms and conditions of employment. Individual Bargaining: Advantages

The main advantage of individual bargaining is it is a single voice and thus there is no conflict in matters

Another advantage of individual bargaining is that it expresses the views and opinions of one person and thus there is no compromising

Individual Bargaining: Disadvantages

The main disadvantage of individual bargaining is that the manager will not take a lot of notice of just one persons views or opinions and therefore nothing will happen

Thus there is not a lot of chance that individual bargaining will have an influence on company decisions and policies.

Collective bargaining

What is Collective Bargaining?

It is one way of minimising conflict in the workplace. It involves determining conditions of work and terms of employment through negotiations between employers and employee representatives, such as trade unions These bodies represent the views of all their members and try to negotiate in their interests

Collective Bargaining: Advantages

The main advantage of collective bargaining is that the manager will not take a great deal of time in deciding on what action to take on an individual level.

The employees have greater influence in the final decision the manager will take.

There is also a chance of the employees getting what they demand.

Collective Bargaining: Disadvantages

The main disadvantage of collective bargaining is that it is seen as depriving the individual worker of their individual liberty and voice.

Full Time work Versus Part time work

Full-Time Employees Full-time employees are generally considered to be those scheduled to work 40 hours per week. However, employers have discretion in setting such hours.

Full time - Advantages

Full-time employees are the most likely to develop company loyalty, and to feel a sense of ownership in the business. This results in a committed, hardworking workforce, willing to go through any tough times the business may encounter. Full-timers also tend to hold only one job, giving you more control over their time and efforts. For many employers, full-time employees provide a sense of security that someone could manage things in their absence

Full time - Disadvantages

For some employers, the advantages of full-time employees are outweighed by the burdens involved in hiring and maintaining such a staff. If you choose to hire full-time employees, you will face the burden of payroll taxes. In addition, in order to attract and maintain strong employees, you may be required to offer such benefits as health insurance and paid vacation.

Part time work

The Internal Revenue Code defines part-time employees as those who work 1,000 hours or less in any 12month period.

Part time - Advantages

Part-time employees can be an excellent staffing option for small or young businesses, due to the potential for flexibility and the relatively low cost. Such workers necessarily work fewer hours, so will cost less in wages. Also employers may vary the number of hours a part time employee works based on the amount of work available. In addition, part-time employees typically do not qualify for company-sponsored benefits.

Part time - Disadvantages

Part-time employees often hold more than one job, meaning possible competition for time and loyalty. Also part time employees often leave if offered full-time employment by one of their other parttime employers, possibly creating a turnover problem.

Collective Bargaining( http://www.ilo.org/public/english/dialogue/themes/cb.htm)

See also... Dispute Prevention and Resolution ILO Standards concerning Social Dialogue Social Dialogue Social Dialogue and Gender Social Dialogue Indicators Social Pacts Tripartism Wages Projects and Activities Publications ILO Conventions and Recommendations Collective bargaining serves a dual purpose. It provides a means of determining the wages and conditions of work applying to the group of workers covered by the ensuing agreement through free and voluntary

negotiations between the two independent parties concerned. It also enables employers and workers to define by agreement the rules governing their relationship. These two aspects of the bargaining process are closely interrelated. Collective bargaining takes place between an employer, a group of employers or one or more employers' organisations on the one hand and one or more workers' organisations on the other. It may take place at many different levels, with one level sometimes complementing the other: a unit within an enterprise, enterprise level, sectoral, regional and national level. Collecting bargaining can be advantageous for both workers and employers. For workers, collective bargaining, more so than individual employment relations, ensures adequate wages and working conditions by providing them with a "collective voice". It also allows them to influence personnel decisions and to achieve a fair distribution of gains from technological progress and productivity increases. For employers, collective bargaining helps to stabilise industrial relations by maintaining industrial peace that otherwise may be disrupted by labour unrest. Through collective bargaining employers can also address the need for adjustment to facilitate modernisation and restructuring. Contrary to the conventional belief, an ILO study (Ozaki ed. 1999) argued that collective bargaining has been one of the main consensual means of introducing labour market flexibility in many countries. There are certain legal and structural pre-conditions for collective bargaining to function properly. The democratic foundations and the appropriate legal framework with which to ensure independence and the effective participation of social partners are essential. The ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (C 87) and Right to Organise and Collective Bargaining Convention, 1949 (C 98), two of the fundamental ILO Conventions, is essential to provide a legal basis. There are many other ILO Conventions and Recommendations related to collective bargaining which stipulate the rights and principles of workers belonging to specific sectors (see list below). If there exists an extension mechanism, the coverage of collective agreements can be extended to those who are not directly involved in collective bargaining. A proper enforcement mechanism (legal, regulatory or soft regulations) is essential for collective agreements to become effective. As for structural and institutional conditions, legitimate, strong, consistent and pragmatic workers' and employers' organisations on equal footing facilitate fair negotiation and effective bargaining. The ILO has been undertaking technical assistance and cooperation in many countries to build the capacity of employers' and workers' organisations to engage in collective bargaining from which both sides can benefit.

Levels of Collective Bargaining

Industrial Relations Home Levels Of Collective Bargaining

Collective bargaining operates at three levels: 1. National level 2. Sector or industry level 3. Company/enterprise level Economy-wide (national) bargaining is a bipartite or tripartite form of negotiation between union confederations, central employer associations and government agencies. It aims at providing a floor for lower-level bargaining on the terms of employment, often taking into account macroeconomic goals.

Sectoral bargaining, which aims at the standardization of the terms of employment in one industry, includes a range of bargaining patterns. Bargaining may be either broadly or narrowly defined in terms of the industrial activities covered and may be either split up according to territorial subunits or conducted nationally.

The third bargaining level involves the company and/or establishment. As a supplementary type of bargaining, it emphasizes the point that bargaining levels need not be mutually exclusive. (http://industrialrelations.naukrihub.com/levels-of-cb.html)

International Council of Nurses

From Wikipedia, the free encyclopedia Jump to: navigation, search

ICN

International Council of Nurses Founded Members Country Key people Office location Website 1899 128 International Hiroko Minami, president Geneva, Switzerland www.icn.ch

The International Council of Nurses (ICN) is a federation of more than 120 national nurses associations. It was founded in 1899 and was the first international organization for health care professionals. It is headquartered in Geneva, Switzerland. The organization's goals are to bring nurses' organizations together in a worldwide body, to advance the socio-economic status of nurses and the profession of nursing worldwide, and to influence global and domestic health policy. Membership is limited to one nursing organization per nation. In most cases, this is the national nurses' association (such as the American Nurses Association, the Slovak Chamber of Nurses and Midwives or the Nursing Association of Nepal).[1] In 2001, the ICN permitted its members to adopt alliance or collaborative structures to be more inclusive of other domestic nursing groups.[2] However, few member organizations have adopted the new structures.

Contents
[hide]

1 History and organization 2 Conferences and projects 3 References 4 See also 5 External links

[edit] History and organization

The ICN was founded in 1899 with Great Britain, the United States, and Germany as charter members.[3] The ICN is governed by a Council of National Representatives (CNR). The CNR is the governing body of the ICN and sets policy, admits members, selects a board of directors, and sets dues. As of 2007, there were 128 National Representatives (one for each member organization). National Representatives are selected by each member association. The CNR meets every two years. Between meetings of the CNR, the ICN is governed by a 15-member board of directors. Members of the board include the ICN president and 14 directors elected on the basis of proportional representation from the ICN's seven geographic areas. Directors are term-limited to two consecutive four-year terms of office. The board meets at least once a year, although it usually meets three to four times a year. The ICN has four officers. They include a president and three vice presidents. The officers function as an executive committee for the board, and as the board's budget and finance committee. The president is elected by the CNR. The president serves a four-year term of office, and is limited to one term in office. The vice presidents are elected from among the board members. The highest vote-getter is the First Vice President, the second-highest vote-getter the Second Vice President and the third-highest vote-getter the Third Vice President. Day-to-day operations of the ICN are overseen by a chief executive officer (CEO). In practice, the CEO exercises most of the power within the ICN.

[edit] Conferences and projects

The ICN hosts a quadrennial conference every four years in conjunction with the meeting of the CNR. The conference hosts a large number of professional practice workshops, poster sessions, luncheons, speaking events and plenary sessions. ICN hosts other conferences on an as-needed basis. Recent conferences have covered topics such as international nurse migration issues, regulation of the profession of nurses, rural nursing, leadership issues, advance practice issues, and workplace violence. The ICN sponsors International Nurses' Day every May 12 (the anniversary of Florence Nightingale's birthday). The ICN is an official supporting organization of HIFA2015 (Healthcare Information For All by 2015). http://en.wikipedia.org/wiki/International_Council_of_Nurses

National Student Nurses Associations (NSNA)

The National Student Nurses Association (NSNA) is the professional organization for student nurses. NSNA is a nonprofit organization dedicated to fostering the professional development of nursing students. Following is the mission of NSNA:

Bring together and mentor students preparing for initial licensure as registered nurses, as well as those enrolled in baccalaureate completion programs; Convey the standards and ethics of the nursing profession;

Promote development of the skills that students will need as responsible and accountable members of the nursing profession; Advocate for high quality, evidence-based, affordable and accessible health care; Advocate for and contribute to advances in nursing education; Develop nursing students who are prepared to lead the profession in the future;

The Nevada State College Student Nurses Association is a chapter of the NSNA.
Membership and Dues

Students may apply online at: www.nsna.org. Click on Member Services. NSNA dues are $30 per year plus state dues ($20 for the first year and $30 for renewal for Nevada). New members receive a $10 discount for their first year of NSNA membership. Students choosing the convenient two-year membership option receive a $10 discount (total two-year dues are $50 plus two years state dues).
Benefits of membership

Receive NSNAs official magazine, Imprint, which is published by and for nursing students. This is the only publication addressing nursing student perspectives and serving student needs. Career Planning and Job Opportunities. Imprints Career Planning Guide offers profiles of hospitals with positions and internships for new graduates, as well as informative articles about nursing specialties and landing your first graduate nursing position. Conventions and conferences provide specialty nursing panel presentations, educational mobility workshops and a state board examination review. Reduced rates on nursing magazines, computer software, nursing apparel and accessories, reduced registration rates for the convention and conferences. Health and Accident Insurance Affordable Malpractice Protection Scholarships

What is ILO? (http://www.wisegeek.com/contest/what-is-ilo.htm)

SorensenWeijers&Koarbeidsrecht advocaten employment law lawyerswww.swnk.nl Youth For Human RightsHelp Encourage Our Youth To Learn & Champion Human Rights. Free DVD.YouthForHumanRights.org Furnished flats Geneve2 or 3 bedrooms, all-inclusive rent free of agency commissionswww.swiss-lakeside.com Measuring GovernanceFree tools for evaluating democratic governance.www.Eldis.org

ILO is any acronym for International Labor Organization, a specialized agency of the United Nations. ILO was established in 1919 (the end of World War I) by the Treaty of Versailles, which brought the League of Nations into being. The need for such an organization had been advocated in the nineteenth century by two industrialists: Robert Owen (1771-1853) of Wales and Daniel Legrand (1783-1859) of France. Despite the demise of the League of Nations, after the Second World War, ILO became the specialized agency of the United Nations: League of Nations successor. ILOs Constitution was adopted by the Peace Conference in April of 1919. In the summer of 1920, The ILO was set up in Geneva, Switzerland. ILO received Noble Peace Prize in 1969. The ILO formulates international labour standards in the form of Conventions and Recommendations setting minimum standards of basic labour rights: freedom of association, the right to organize, collective bargaining, abolition of forced labour, equality of opportunity and treatment, and other standards regulating conditions across the entire spectrum of work related issues. It provides technical assistance primarily in the fields of: vocational training and vocational rehabilitation; employment policy; labour administration; labour law and industrial relations; working conditions; management development; cooperatives; social security; labour statistics and occupational safety and health. ILO also supports technical assistance to the creation of employers and employees organizations. Within the UN system, the ILO has a unique tripartite structure with workers and employers participating as equal partners with governments in the work of its governing organs. At present, the ILO's work is organized into four thematic groupings or sectors: (1) Standards and fundamental principles and rights at work; (2) Employment; (3) Social Protection; and (4) Social Dialogue. How ILO Work: To proceeds its operation, the organization is constituted of: 1. a General Conference of representatives of the Members (or International Labour Conference). The Conference is hosted by ILO in Geneva every year in June. At the Conference, Conventions and Recommendations are crafted and adopted by majority decision. The Conference also makes decisions on the ILO's general policy, work programme and budget. Each member state is represented at the International Labour Conference by four delegates: two government delegates, an employer delegate and a worker delegate. 2. ILOs Governing Body consisted of fifty-six persons: twenty-eight representing governments; fourteen representing the employers; and fourteen representing the workers. 3. An International Labour Office controlled by the Governing Body.

Nurses and Collective Bargaining: (http://www.minurses.org/Labor/nursescollectbgn.shtml

Basic Facts and Considerations)

How the Bargaining Process Works

Employee interest in unions has always met with fierce resistance from employers in all industries. Within the healthcare industry, opponents of unions argue that they create internal struggles which detract from a hospital's mission to provide high quality service to patients. However, there is concrete evidence that collective bargaining, when used effectively, actually facilitates delivery of the best care and services. For collective bargaining to occur, eligible employees must select a

bargaining agent like Michigan Nurses Association, usually by secret ballot election. The following information provides a basic overview of how collective bargaining works in the private sector.

The Legal Framework for Collective Bargaining

The National Labor Relations Act (NLRA), amended by the Labor Management Relations Act (Taft-Hartley Act), is the federal agency governing labor relations in the private sector. Section 7 of the NLRA states that employees have the right to selforganize; to form, join, or assist labor organizations; and to bargain collectively through representatives of their own choosing. Since enactment of the National Labor Relations Act in 1935, nurses and other employees of private, for-profit healthcare institutions have been protected in their right to organize for collective bargaining purposes. Under the provisions of the Act, as amended in 1974 (Health Care Amendments), employees of voluntary, not-for-profit health care institutions also were granted the same rights and protections.

The National Labor Relations Act of 1935

Over the years, there has been considerable debate over the composition of bargaining units in the healthcare industry.

Over the years, there has been considerable debate over the composition of bargaining units in the healthcare industry. After much deliberation, the National Labor Relations Board (NLRB) issued rules in 1989 on unit composition. Under the rules, eight units (including one limited in its composition to registered nurses) were deemed appropriate. As expected, employer opposition to the NLRB's rulemaking resulted in litigation challenging and delaying the implementation of this ruling However, in April 1991, the U.S. Supreme Court unanimously upheld the National Labor Relations Board's rulemaking authority. This ruling is regarded as a significant victory in support of the workplace rights of nurses.

Organizing a Union
It would be extremely difficult for one person to organize an entire hospital nursing staff. Consequently, it is important to identify a core group of nurses who share common issues and concerns and who are supportive of organizing. If possible, this group should be representative of different shifts and practice areas and be well known and respected by the nursing staff and other per-sonnel. These nurses will assume initial responsibility for personally soliciting other supporters and stimulating general interest in organizing activities. The nature and extent of nurses' issues and concerns are key factors in determining the degree of support for an organizing campaign. Oftentimes, professional and personal concerns are stronger motivating forces for organizing than economic considerations. To conduct an effective campaign, there needs to be a broad base of issues and concerns common to nurses in various departments and units and on different shifts.

Research
Before launching a campaign, it is important to know as much as possible about the history, structure, organization, finances and administration of the hospital as well as other rules and regulations as well as an accurate picture of the treatment of nurses in all areas of the facility with regard to wages, benefits and employment practices. Planning an organizing campaign should include: a) selection of an organizing committee, b) identification of major campaign issues, c) delineation of specific organizing activities with a projected timetable, d) development of specific strategies for countering employer tactics, and e) determination of a system for keeping lines of communication open with nurses.

Structure
In the early stages, attention should focus on the organizing campaign. Once there is a strong indication of support (close to filing a petition for a representation election or during a pre-election campaign), it is time to move toward a more permanent structure and a more formal relationship with MNA. This phase of the process involves the adoption of bylaws and the election of officers.

Recognition

An employer's formal recognition or NLRB certification of a representative of the majority of the unit is necessary before the process of negotiating a bar-gaining agreement can begin. To seek voluntary recognition by the employer, a public petition must be signed by a majority of nurses. The larger the majority, the better. More than likely, an employer will refuse to voluntarily recognize the bargaining unit of nurses and its designated representative. When this occurs, it is necessary to establish majority status through a representation election conducted by the National Labor Relations Board. To file a petition for a representation election, the public petition must be signed by at least 30 percent of the nurses in the proposed unit. However, it is advised that a petition not be filed with the regional NLRB office until signatures have been obtained from a clear and substantial majority, excluding supervisors and managers. Upon receipt of a petition, the regional director of the NLRB will attempt to reach agreement between the employer and the union/Michigan Nurses Association on several issues, including the definition and scope of the proposed unit. In the event that agreement is not reached, a hearing may be scheduled.

Election
After the pre-election issues have been determined, the NLRB will set the date for an election by mutual agreement of the two parties (employer and MNA). After the NLRB has set the date of the election, copies of the Board's official Notice of Election will be posted at the employer's facility in places where notices to employees are normally posted. This notice will include the date, hours and places of the election; payroll period for voter eligibility; description of the voting unit; a sample of the ballot; and general rules as to the conduct of the election. If the majority of voting nurses (50 percent plus one) select MNA, it will be certified by the NLRB as the exclusive bargaining agent. The employer is then required to recognize this agent and to bargain in good faith for a collective bargaining agreement. If a majority of voting nurses opposes representation, the Board will certify these results; a tie is considered a loss.

Negotiating a Contract
Once the NLRB has certified MNA as the exclusive bargaining representative, the next step is for the bargaining unit to elect a negotiating committee and to request the employer to start contract negotiations. For the nurses covered under a collective bargaining agreement, the contract outlines the terms and conditions of employment. Topics commonly covered include: employee status, work time, salary and related pay, fringe benefits, discipline, grievance procedure, health and safety, nondiscrimination, inservice education, continuing education, leaves of absence, holidays, management rights, strikes and lockouts, layoffs, retraining and termination. Many contracts also address professional issues. Contracts negotiated by MNA often include language on the role of the nurse, non-nursing duties, staffing, professional practice committees, tuition reimbursement, mandatory overtime and benefits after retirement.

Negotiating Committee
Throughout the organizing process, nurses in the unit will have identified major areas of concern. More than likely, these concerns will form the basis for key contract proposals. The negotiating committee will explore ideas for contract proposals with unit members. With the assistance of the Michigan Nurses Association, the committee will develop written proposals. Throughout negotiations, the committee should keep bargaining unit members apprised of the progress or lack of progress on contract provisions and seek direction from the membership as needed. When a tentative agreement is reached, the negotiating committee will present the agreement to the membership for ratification (acceptance) or rejection.

Scope of Bargaining
There are usually three broad categories into which negotiations may be classi-fied: mandatory, prohibited and permissive. All three categories are addressed in both public and private sector bargaining. However, the subjects in each category can vary greatly depending on applicable law and judicial interpretation. Parties are obligated to negotiate on mandatory subjects of bargaining. In the private sector, wages, hours and other terms and conditions of work are considered mandatory subjects. In the public sector, the scope of mandatory subjects of

bargaining is often far narrower. Legislatures may decide that certain subjects may not be appropriate for bargaining (prohibited subjects). In the federal sector, for example, wages -- a mandatory item in the private sector -- is a prohibited subject. One example of a prohibited subject in the private sector is a closed shop cause. It is illegal to negotiate a union security arrangement requiring union membership as a condition of obtaining a job. The third category, permissive subjects, consists of items that the parties may not insist that negotiations go to impasse over.

Good Faith Bargaining

The National Labor Relations Act requires that parties negotiate in good faith. Both bargaining unit and management representatives must demonstrate a sincere and honest intent to consummate a labor agreement and exhibit reasonableness in their bargaining position, tactics and activities. If either party fails to live up to this bargaining obligation, an unfair labor practice charge may be filed. However, the fact that an impasse is reached does not necessarily show lack of good faith. The National Labor Relations Act does not specifically require that a party must agree to the other's proposal or make a concession to the other. In other words, as long as an employer is willing to discuss mandatory subjects with the bargaining representative at reasonable times and places, the employer is not required to make any compromises.

Dispute Resolution
Should impasse occur in the collective bargaining process, several options exist, including mediation, interest or contract arbitration, mediation-arbitration and fact-finding. These four resolution approaches utilize third parties to either facilitate the negotiation process or to resolve the bargaining differences in a binding matter. In an effort to minimize work stoppages (strikes), the 1974 Health Care Amendments to the National Labor Relations Act include various negotiation modification procedures for health care facilities. This legislation provides for contract expiration notice, advance strike notices, mandatory mediation and the option of establishing boards of inquiry prior to a work stoppage. In the health care industry, strikes occur less than two percent of the time.

Enforcing the Contract

Once an agreement is ratified by both parties, a contract will be signed by the duly authorized representatives of management and the bargaining unit. Signing the contract, however, does not mean that collective bargaining is suspended until it is time to negotiate a new contract. There remains an everyday need for an agreement on everyday matters. Even with the most carefully written contract and in the best-run institutions, this need exists. The solution to day-to-day difficulties between nurses and their employer is reached through a grievance procedure. A formal plan is established in the contract outlining the channels for adjustment of grievances through progressively higher levels of administration.

Grievance Handling

From the individual nurse's point of view, grievance handling may well be the most important aspect of collective bargaining since grievances are matters that affect an employee in very personal ways. Thus, the grievance procedure becomes a very significant provision in the contractual agreement. Through the grievance mechanism, the agreement ceases to be a piece of paper and collective bargaining comes alive. The ideal grievance procedure assures that an employee's complaint is handled fairly, quickly and without fear of reprisal. The essential components should:

Nurses and Collective Bargaining: Nurses Representing Nurses

"Protecting nurses and nursing interests requires more than knowledge in labor relations. Nursing expertise is essential. Only with MNA can nurses have both!"

Provide for consideration of all complaints so that important problems are not ruled out due to technicalities. Provide for simple steps and time limits, as this encourages fixing of responsibility and results in prompt settlement at the lowest possible level. Provide for employee representation at each step so that complaints are presented properly and are assured of a fair hearing. "No one can force a bargaining Provide for ultimate decision making by an objective and impartial third party, unit to strike. Only unit or, at the very least, examination/review by an independent, neutral party. members themselves can make such a decision." A key element in a fair grievance procedure is the orderly series of steps, progressing upward through successively higher levels of administration and ending in binding arbitration. Time schedules for handling grievances may vary from contract to contract, but the ultimate objective is to expedite the grievance as quickly as possible

6/19/07

All content 2009 Michigan Nurses Association

Maintain standards of conduct They are also responsible for creating a Code of Ethics for nurses. 1. "The nurse, in all professional relationships, practices with compassion and respect for the inherent dignity, worth and uniqueness of every individual, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems. 2 The nurse's primary commitment is to the patient, whether an individual, family, group, or community. 3 The nurse promotes, advocates for, and strives to protect the [health], [safety], and [rights of the patient]. 4 The nurse is responsible and accountable for individual nursing practice and determines the appropriate delegation of tasks consistent with the nurse's obligation to provide optimum patient care. 5. The nurse owes the same duties to self as to others, including the responsibility to preserve integrity and safety, to maintain competence, and to continue personal and professional growth. 6. The nurse participates in establishing, maintaining, and improving health-care environments and conditions of employment conducive to the provision of quality health care and consistent with the values of the profession through individual and collective action. 7. The nurse participates in the advancement of the profession through contributions to practice, education, administration, and knowledge development. 8 The nurse collaborates with other health professionals and the public in promoting community, national, and international efforts to meet health needs.

9. The profession of nursing, as represented by associations and their members, is responsible for articulating nursing values, for maintaining the integrity of the profession and its practice, and for shaping social policy." B1.5 Regulatory bodies and enforcement agencies Characteristics Regulatory and enforcement bodies have an extremely important role in establishing and ensuring the effective application of tools for building IWRM. Their functions include the allocation of water rights, environmental management related to water use, water quality, land use planning and the financial management of water resources management by the state. Regulatory bodies also have a function in setting prices and performance standards for service providers (economic regulation). The actual function of regulatory and enforcement bodies should be set out in a clear legal framework reflecting water policies. In some cases the same body undertakes regulation and enforcement; in other cases they are separate. Regulatory and enforcement agencies normally have a range of tools for enforcement fines, taxes, penalties, withdrawal of permits and licences etc. Regulatory bodies and enforcement agencies may be financed through central government funds, or by user fees (e.g. pollution charges) or fines for non-compliance. If the latter applies, the terms need to be very clear or there is a potential risk of conflict of interest. The specific functions of regulatory bodies and enforcement agencies are determined by government policy on water resources management (A1). These bodies and agencies are usually in the government sector but may subcontract specific activities (e.g. monitoring and testing samples) to non-governmental organisations, including private companies. It is important that they can act without day-to-day political interference. Effective capacity in regulation and enforcement (C6) is essential and this applies whether traditional regulatory instruments or innovative pricing and economic instruments are used (C7). However, capacity in regulatory and enforcement bodies varies widely from region to region and a focus on capacity building and support is essential. The legitimacy of the regulatory body is critical in ensuring compliance. Lessons learned Important priorities for enforcement and regulatory agencies include:

Sufficient staff of adequate capability to enforce regulations (enforcement agencies) and make appropriate assessments about water management needs (regulatory bodies); Statutes which are practical, enforceable and are based on accurate knowledge of resource management and environmental impacts (see also A2.2); Staff who are knowledgeable about good management practices and have appropriate scientific knowledge in water resources management; A sense of ownership on the part of stakeholders so that they accept the monitoring, enforcement and regulation procedures; ownership can by built through use of awareness raising techniques (C4.2 and C4.3) and participatory management (B2.1); Adequate financial resources to support the staff and operations, and transparency in financial management, to minimise regulatory capture; Selecting meaningful indicators for technical, economic and social issues and appropriate benchmarks (see C1.5); A programme of legal education and awareness building for the regulating parties and public at large goes a long way towards putting legal instruments into practice and ensuring that the use

of regulatory instruments is not limited to specialists.

Regulatory Bodies
Regulatory bodies, which today comprise national governmental entities, are responsible for formulating and enforcing laws that protect the safety of patients and set basic quality standards for genetic testing. The quality of a genetic test is contingent upon the many components of the genetic testing process, from sample collection to the communication of test results, so the responsibility of genetic test quality regulation is often divided amongst several organizations, which safeguard different elements of the testing process. Laboratory Accreditation Bodies - The process of carrying out the genetic test is usually the responsibility of a clinical laboratory. Laboratory procedures, setup, and general quality assurance mechanisms may be held to standards, which are mandated and enforced by laboratory accreditation organizations. Although the statutory power of mandatory laboratory accreditation comes from the government, the process of laboratory accreditation may be outsourced to organizations external to the government. Additionally, these laboratories may be regulated in a more specific manner depending on the types of tests they perform. However specific regulations for laboratories performing genetic tests are not in place(in most countries).

Clinical Laboratory Improvement Amendments (CLIA) United Kingdom Accreditation Service (UKAS) European Co-operation for Accreditation (EA) International Laboratory Accreditation Cooperation (ILAC) International Accreditation Forum (IAF) The American Association for Laboratory Accreditation (A2LA) International Accreditation New-Zealand (IANZ)

Consumer Protection Agencies - Consumer protection agencies are responsible for maintaining legal quality and safety standards for products used by consumers. Genetic tests fall under this regulatory umbrella, and are subject to regulations mandated by these organizations, where they exist. Both the number and the types of genetic tests available are expanding, so regulation must ensure that tests that are offered to patient testing are of an acceptable efficacy. Tests that are marketed and distributed by private genetic test developers to laboratories in self-contained kits for use can be checked for their accuracy and reliability. However, most genetic tests are produced "in-house" by the clinical laboratory itself, so their quality cannot be as easily monitored. In reality, even when regulatory standards exist, these tests are rarely regulated very strictly.

US Food and Drug Administration EU - IVD-Directive 98/79 European Medicines Agency (EMEA)

Professional Licensing Organizations- Clinical geneticists, nurses, and lab workers are often required to have special training to properly perform required tasks pertaining to genetic testing. Professional licensing organizations uphold the quality of clinical staff, who play an important part in the delivery of genetic testing services, by licensing only those professionals who have been trained to perform required tasks. Certification of professionals

may also require that those involved in genetic testing participate in continuing education to maintain and develop professional knowledge and certificates be revoked in light of inadequate performance.

American Board of Medical Genetics (ABMG)

Other Regulatory Bodies - Many other areas of regulatory need are emerging, and must be addressed by an array of actors. Protection of patient information and patient rights have implications for regulating the collection, management, and use of patients' genetic data, as well as access of that information by third parties. Direct-to-consumer tests, genetic biobanks and still other issues will need to be addressed within the national regulatory framework. They will likely need a response by several governmental agencies, and may require lawmakers to enact new laws or develop additional regulatory structures to address emerging challenges.

< Return to Quality and Safety in Genetic Testing

Corporate links Contacts | E-mail scams | Employment | FAQs | Feedback | Privacy | RSS feeds WHO 2010

`Regulatory and Professional Nursing Organizations (http://www.hcsc.gc.ca/fniah-spnia/pubs/services/_home-domicile/2003_handbook-guide_nursinfirm/4_regulation-reglementation-eng.php)

Introduction
Each province/territory has regulatory bodies, which provide a vital role:

to ensure the public's right to quality health care service; and to support and assist professional members.

Health professionals such as nurses, doctors, pharmacists and many others are regulated and licensed by regulatory bodies as required by provincial/territorial legislation. All nurses are required to be licensed to practice with their designated provincial/territorial nursing regulatory body.

Role and Purpose of Regulatory and Professional Nursing Organizations

Nursing regulatory bodies, also known as Colleges or Associations, are responsible for the licensing of nurses within their respective province/territory. Nursing regulatory bodies receive their authority from legislation, which gives them the ability to:

set and enforce standards of nursing practice; monitor and enforce standards for nursing education; monitor and enforce standards for nursing practice; and set the requirements for registration of nursing professionals.

All of these activities are vital to ensure protection of the public interest.

Provincial / Territorial Laws

Each provincial/territorial jurisdiction has legislation in place governing their respective regulatory body. In some jurisdictions, the law is all encompassing and covers all health professions while in other areas it is specific to each discipline. Nursing Colleges and Associations establish their respective regulations in accordance with their own provincial/territorial legislation.

Quality Assurance Programs

In order for regulatory bodies to guarantee the public that its members are adhering to the Standards of Practice and are delivering safe and competent care, they require members to participate in quality assurance programs. These quality assurance programs vary in each jurisdiction, are typically determined by the nursing regulatory bodies, promote continuing competence for practicing nurses, and enable nurses to undergo a reflective practice process. Compentencies describe integrated knowledge, skills, abilities, attitudes and judgement required of the Home and Community Care nurse to provide safe and effective care (practice). Nursing self-assessment is a process whereby nurses identify the knowledge and skills they possess, as well as those they need to strengthen in order to improve their practice. Nurses then participate in a peer review process that confirms areas of strength and areas for future development. The next step in a reflective practice process is to develop a learning plan based on the identified developmental needs of the nurse. This is an ongoing annual process, as nurses must continually evaluate their learning needs and improve their practice. Regulatory bodies have several methodologies that nurses can utilize to review their practice. Selfassessment is only one of many tools. They have also developed programs that will assist employers in assessing the workplace as a quality practice environment. More information on these and other practice review programs are available on each provincial/territorial regulatory body's website. Appendix B provides a list of all jurisdictions with associated contact information.

Mandatory Reporting Requirements

Many regulatory nursing bodies have established guidelines for employers of nurses regarding mandatory reporting requirements. For example, termination of a nurse from employment requires the employing agency to report this incident to the nursing regulatory body. It is important for employers and nurses alike to verify the mandatory reporting requirements from their respective jurisdictional regulatory body (see appendix B for a full listing of regulatory bodies)