LABOR RELATIONS PROJECT AND PRESENTATION

Labor Relations Project and Presentation LT A October 24, 2011 University of Phoenix MGT 434 Employment Law Instructor

Labor Relations Project and Presentation Happy Trails Labor Relations Happy Trails, LLC is a suburban independent for-profit eldercare living facility. Intending on becoming more competitive and attractive, Happy Trails took on certain measures such as reducing its seasoned patient care staffs overtime allotments and terminated several registered nurses. In taking on these measures Happy Trails can build on its long-term care for patients in

the surrounding areas. Because of to the patient access to the city and the changing economy, the realignment was necessary. In the realignment Licensed Practical Nurses (LPNs) replaced Registered Nurses (RNs) receiving lower compensation with fewer benefits. According to University of Phoenix Course Syllabus (2009) with the discovery of other health facilities as unionized members, the LPNs also found that experienced union business agents represent the other facilities. This Teams dissertation gears toward exploring the parameters associated with the decision of the LPNs' at Happy Trails. In addition, this dissertation will also discuss Happy Trails' solution along with addressing each one in depth. Lastly, this dissertation will describe the basic labor laws as it pertains to each situation. The LPNs The LPNs have a great opportunity here to mold what they would like to do. The LPNs should accept the attention from the union and see what they can do to help the LPNs and all staff establish some ground work for benefits, wages, and hours. It seems Happy Trails might be a little carried away with changes and are forgetting about quality service to the patients and employees. Unions are not the first choice here but may be able help to take protect and take care of the LPNs and the staff to make it worth working for this facility over another. Advantages of unionizing would be negotiating better wages and increases, better benefits packages, and generous vacation packages. Some disadvantages of unionizing would be paying initial and

Labor Relations Project and Presentation monthly dues to be a part of the union. Also once a company becomes a union they may not hire for that same position outside the union. Another disadvantage is strikes in a union. If the union decides to go on strike the union employees do not work or earn a paycheck. If the union employees go against the union he or she is fined for their actions. In the efforts of organizing a union issues could arise. Some of those issues could be Happy Trails wanting to punish or terminate those employees which is against the law. Happy Trails may show they unwilling to work with a union, making the conditions even harder to work in. Also the organizers may have a difficult time getting enough people on board to form the union. Steps LPNs Must Follow to Unionize The LPNs at Happy Trails have the ability to unionize themselves due to the National Labor Relations Act of 1935. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such

activities [National Labor Relations Act of 1935, 29 USC. 151-169, 157, Section, Section 7.] (Bennett-Alexander, & Hartman, 2007, p. 645). Research. LPNs at Happy Trails should research all union information of the existing experienced union business agent (University of Phoenix, 2009, p. 5) in which the health care facilities in the city are unionized (University of Phoenix, 2009, p. 5) with. Once research is done, LPNs can gather together and form their own union if they feel they do not want to be represented by the existing union business agent.

Labor Relations Project and Presentation Contact employees. LPNs should gather as many employees possible to join in their cause in formulating their union. Fill out union membership and authorization cards. All LPNs interested in unionization need to fill out membership and authorization cards, which will formulate the next step in the unionization process.

Once sufficient interest has been indicated by the employees (usually by signing union authorization cards), the National Labor Relations Board (NLRB) conducts elections to determine what union, if any, will represent the employees in collective bargaining. The NLRB also decertifies unions that employees no longer wish to represent them, issues labor regulations, hears unfair labor practice cases at the agency level, and otherwise administers the NLRA (Bennett-Alexander, & Hartman, 2007, p. 657). Know your rights. The LPNs at Happy Trails must know their rights as employees and as union members. LPNs have the right to be informed of such rights and their entitlements as employees and union members. Collective Bargaining and Community of Interests. Collective bargaining will then take place and community of interests are formulated and discussed. In collective bargaining, employees with a community of intereststhat is, similar workplace concerns and conditions come together as a bargaining unit that the union will represent. The community of interests is based on such factors as similarity of the jobs the employees perform, similar training, or skills, and so on. Employees may unionize either by signing a sufficient number authorization cards, by voting in a union during a union representation election, or in some cases, by the NLRB ordering the employer to

Labor Relations Project and Presentation

bargain with a union. NLRB supervises the union election and certifies the results (Bennett-Alexander, & Hartman, 2007, p. 657). Concerted Activities. When the above steps are completed, the LPNs can engage in concerted activities. Section 7 of the NLRA guarantees employees the right to engage in concerted activities for mutual aid or protection. Typical protected concerted activities include union organizing, the discussion of unionization among employees, and the attempt the attempt by one employee to solicit union support from another employee (Bennett-Alexander, & Hartman, 2007, p. 658). Vote. The LPNs at Happy Trails can move on to the voting process of union delegates. Five main delegates are needed to be voted on by union members: President, Vice President, Secretary, Shop Steward, and Treasurer. Collective Bargaining Agreements. If the unionization is running smoothly, collective bargaining agreements can begin between the LPNs and Happy Trails. Discussions included in collective bargaining agreements are: job and union security, wage and hours, information on strikes, arbitration of labor disputes, seniority, benefits, and employment classifications (Bennett-Alexander, & Hartman, 2007, p. 666). All collective bargaining should be done with good faith; if not unfair labor practices can occur. What unfair labor practices need to be avoided by LPNs? Unfair Labor Practices Unfair labor practices can occur during the negotiation of bargaining agreements. Unions and employers should know what the unfair labor practices are and be sure not to commit them.

Labor Relations Project and Presentation

Refusal to bargain in good faith is not the only unfair labor practice that an employer can commit. Others include engaging in activities that would tend to attempt to control or influence the union, or to interfere with its affairs, and discriminating against employees who join or assist unions (Bennett-Alexander, & Hartman, 2007, p. 666). The Independent Living Home Management Team What would you advise the independent living home management to do? The advice is to strategically and legally avoid the unionization of their organization. The National Labor Relations Act promotes collective bargaining between labor and management, and assures workers the right to organize and join a union without fear of reprisal. Despite this federal law protecting workers union rights, there are many effective and perfectly legal steps you can take to keep unions out of your workplace. Should they oppose unionization? Yes, because there many good reasons from managements perspective for remaining union-free such as maintaining operational control over the organization and its employees. What arguments or defenses might the hospital raise to the unions organizing issues? The company maintains control over the terms and conditions of employment, and over its workplace. Costs are generally lower in nonunion organizations and operating efficiency is often higher. There are generally fewer delays and interruptions in production, since there are no strikes or other union-related work actions. Also Independent Living Home will be advised that they can bar nonemployee union organizers from your property but they cannot control organizing activities that take place off your property or outside of work hours. If the company elects to resist unionization, what steps must the company follow?

Labor Relations Project and Presentation Independent Living Home Management must understand that its employees have the right to join unions without fear of reprisal. Management must make sure they understand the requirements of labor laws regarding union organizing. Independent Living Home Management must also identify the reasons the employees are joining the union and the reasons they reject unions, so that they can develop effective and legal strategies to discourage unionization. What unfair labor practices need to be avoided by management? The advice to Independent Living Home Management is to not interfere with employee activities that are protected under NLRA. Independent Living Home Management cannot threaten employees with a loss of pay or other privileges and benefits for any union-related activity, nor may they promise improvement in pay, privileges, or benefits to induce employees not to join a union. The company cannot try to intimidate employees who support a union or discriminate against workers for engaging in any legal union-related activities, such as organizing, filing a grievance, or making a complaint to the National Labor Relations Board (NLRB) about unfair labor practices; or fire or discipline employees for filing charges or participating in union-related activities. Advise on Engagement in Unionization Activities The management team of Happy Trails has many options for activities that they can engage in during their battle with unionization. However, not all options are good; some need to be looked at very carefully. Countering union exaggerated claims on flyers

Countering union exaggerated-claims on flyers is a good option because, just as the union organizers do, employers have the right to campaign. This could be a pamphlet that discusses the pros and cons of unionization and what unionization could mean to Licensed Practical Nurses

Labor Relations Project and Presentation (LPNs) in the health care industry. This information should try to be as non-biased as possible to show the staff that the organization can be trusted not to provide false claims. Telling employees they do not need to talk to union organizers, that they can vote against the union, and that the independent living home does not welcome the union The employer has every right to campaign against the union; however, the organization should not actively discourage employees from talking with the union representatives. The National Labor Relations Board (NLRB) has strict guidelines for conducting campaigns. If followed, these guidelines ensure that either side does not unduly pressure the LPNs. Soliciting Employees to Request the Return of their Authorization Cards Happy Trails must not, at any time, suggest a request for the return of employees union

authorization cards. They can tell LPNs that whether or not employees want to be represented by a union is strictly up to employees and that Happy Trails respects and will honor whatever decision employees may make on this issue. Telling employees they will be replaced if they vote for the union Telling employees they will be replaced if they vote for the union is a bad idea. Discriminating against employees wishing to participate actively in organizing a union is not only illegal, but also a guaranteed way to increase the unions strength or position. The NLRB (2007) web site makes it understandable that an employer may not fire or threaten to fire any employee for his or her actions to promote unionization. Appealing to the employees to defeat the union Appealing to the employees to defeat the union is perhaps the number one option to choose. Employers can educate employees on the business vision and the potential impact of unionization. Happy Trails should do this in writing, to give employees an opportunity to think

Labor Relations Project and Presentation about unionization without pressure. Additionally, it will ensure that no future claims are filed against Happy Trails to suggest that they threatened, intimidated or made promises for employees not to unionize, or interrogated employees about their interest in a union (NLRB, 2007). Happy Trails must also make a strong case against the union and be prepared to follow

through with their promised actions. They should be sure to include historical facts on the failure of unions in the health care industry to help the LPNs make informed decisions on whether or not they want to unionize. LPNs should also be reminded that they are health care providers who swore an oath to put their patients needs ahead of their own. Conclusion - Debra

References American Rights At Work. 2010. Advancing Democracy in the American Workplace. Retrieved October 21, 2011 from http://www.americanrightsatwork.org/component/option,com_issues/Itemid,93/view Bennett-Alexander, Dawn D., & Hartman, Laura P. (2007). Employment Law for Business (5th ed.). New York: McGraw-Hill. Retrieved October 22, 2011, from https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx NLRB. (2007). Unfair Labor Practices. National Labor Relations Board. Retrieved October 2011, from http://www.nlrb.gov/nlrb/shared_files/brochures/engulp.pdf

Labor Relations Project and Presentation University of Phoenix. (2009). Title VII Paper. Retrieved from University of Phoenix, MGT/434 Version 4 Employment Law Syllabus website. University of Phoenix. (2009). Course Syllabus: Labor Relations Project and Presentation. Retrieved from University of Phoenix, MGT/434 Version 4 - Employment Law website.

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