Unions. What do they do for us?

I really do not know much about unions. They must be good though, isnt there primary duty is to get our wages increased. More money is always good isnt it. Doesnt more money always make work situations better. At least that is what I get from reading here.

Who are your unionized with?

Lindarn, RN, BSN, CCRN
Spokane, Washington

I am a nursing student at the University of Oklahoma and I have an assignment to interview a nurse that is a member of a nursing union. I read your discussion above and saw that some of you are opposed to unions while others are for unionization. I just wanted to know you guys thought were some of the pro's and con's of nursing unions. Thanks for your help!

I think most people believe they have a basic right to fair and decent treatment, such as "due process" in the environment of care when they walk through their employer's door and clock in. However, without a union contract, hospitals consider you an "at will" employee. If you're a believer in "just cause" discipline, "blame free environment", and "just culture", then belonging to an all RN union is an imperative if you're serious about advocacy for your patient and your profession, and you want to keep your job.

Often times, our duty as patient advocates, to act to change circumstances that are against the wishes or interests of our patients, may be in conflict with our employer's bottom line. Errors may occur under adverse circumstances or onerous working conditions that have been identified by The Institute of Medicine. Employers may choose to blame, discipline, or fire an RN when an error occurs, rather than take responsibility for changing those working conditions that have significantly increased the likelihood that such errors will occur.

One important benefit of belonging to a union is that you have Weingarten Rights. “Weingarten Rights” are Union Member protection rights that were handed down by the United States Supreme Court: the right of employees to have union representation at investigatory interviews. An investigatory interview occurs when a supervisor questions an employee to obtain information which could be used as a basis for discipline or asks an employee to defend his or her conduct.

If you have a reasonable belief that discipline or other adverse consequences may result from you say, (that could in any way lead to your being disciplined or terminated, or affect your personal working conditions), then you have the right to request union representation.

RULE 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

RULE 2: After the employee makes the request, the employer must choose from among three options. The Employer must either: grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; deny the request and end the interview immediately; or give the employee a choice of having the interview without representation or ending the interview.

RULE 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.

In this era of restructuring, increased "through put," deliberate "lean and mean" short-staffing, mandatory overtime, lack of meals and breaks, coupled with the introduction of electronic documentation systems with known convergence technology problems, there are increasing delays of care, omissions, and med errors that threaten patient safety. RN licenses and jobs are being threatened because RNs are being blamed as individuals for these system problems.

That's why belonging to an all RN union and collective patient and professional advocacy is so important.

Another concise argument for the protection of a labor contract at http://www.alternet.org/story/131152...reated_fairly/

Thanks, Viking.
Another site that I've found useful and sent to my colleagues is maintained by
Interfaith Worker Justice. It's called, "Can My Boss Do That?"
Here's a link:
http://www.canmybossdothat.com/

It's posted with the caveat, "Many laws do not have good enforcement or retaliation protection." Those of us who've tried to assert our rights to control our practice and provide health care in the best interests of our patients, without the benefit of collective union power, have been retaliated against by managers who use constructive discharge practices. No one can stand alone against that level of injustice and no one should have their job threatened or be forced to leave the profession by unscrupulous employers who retaliate against RNs for asserting their rights. We're professional employees and need to belong to an all RN labor union that protects our unique position as direct care RNs: our right and duty to provide care in the exclusive interest of the patient.

Multiple studies show that onerous working conditions created by employers cause nurses to leave the profession. We are able to stop abusive practices, and fight for decent working conditions in California that include "first in the nation" legislated minimum, safe RN-to-patient ratios...staffing standards, that must be flexed up based on patient acuity. Other affiliated NNOC nurses in Arizona, Texas, Massachusetts, Illinois, Ohio, Maine and Nevada are working to do the same. By standing together with collective unity and in solidarity as union members, are we able to be more effective patient, professional, and social advocates.

Believe me when I tell you that employers in unionized facilities can still retaliate against employees who assert their rights. They're just a lot more devious about it. They use terrorist tactics like frequent summons to the office for what could have been handled on the unit or just commented upon in the break room. Or they might pass over a clearly qualified nurse for a coveted opportunity in favour of someone less qualified but also less vocal. Or deliberately and obviously prevent someone from advancing because they don't like what they're being told about working conditions, and while they're at it, make sure that everyone knows that's why the nurse is being held back. Then there are the nasty assignments that no one else ever seems to get. Oh, trust me there are ways of hurting a unionized nurse.
That could be why, despite the presence of a very comprehensive collective agreement, nurses are leaving my unit in droves.

Sure, there's lots of ways for devious people to hurt good people. Yeah, I know about the nasty assignments and schedules--see my last post and link to "constructive discharge" practices. The bullies are out there, contract or not. It was Frederick Douglass who said, "Find out just what any people will quietly submit to and you have the exact measure of the injustice and wrong which will be imposed on them."

So, it's up to us to enforce our contract by collective, concerted action--employee activity undertaken together by two or more employees or by one employee on behalf of others, when the activity can be reasonably seen as affecting the terms or conditions of employment . Our right to concerted activity, "for the purposes of collective bargaining, or other mutual aid or protection," is protected by federal labor law, whether we have a contract or not. Commonly refered to as Section 7 Rights, under the NLRA. With a contract you have additional protection in the form Weingarten Rights and just cause discipline. With a union, you have the benefit of professional member/organizers, a labor rep, legal advice, shop stewards, nurse reps, and the tools to help you accomplish the work.

As you've observe, having a contract, whether it's a union contract, sales contract, or product warranty is no guarantee that the employer or business or manufacturer will live up to the terms of it in good faith. We have to act to protect our rights. Sure, people get tired of fighting or choose not to fight. But they shouldn't whine and blame the union for their own failure to act and organize, or for the employer's "bad."

Just goes to show the bosses are organized too. They may have more money, but there's more of us than there are of them and the contract codifies the rights and obligation of the parties who agreed to its terms. Frederick Douglass also said, "Power concedes nothing without a demand. It never did and it never will". I do know this: when nurses unite collectively, and mobilize in unity they're an unstoppable force for good on behalf of their profession and their patients.

We have the means if we have the will to demand respect for and enforcement of our contracts through direct collective action and/ or the grievance/binding arbitration process. The grievance route takes a bit longer, but results are more readily achieved by direct action. If the employer sees a united workforce, they almost always back down and comply with the terms of the contract. Devious terrorist tactics? Yes, bad behavior on the bosses part, I agree. That doesn't go away just because you have a contract. Collective union member mobilization, in unity? Yes, for our good, and the benefit of our patients.

I've been working very hard for about 2 years to improve the conditions in my workplace. My management team is cordial to my face and ruthless in their retribution behind my back. I've tried hard to show them how problems in the unit are impacting on morale with limited success. I've tried even harder to organize and encourage my coworkers in the struggle, only to be met with systemic apathy. I'm rapidly reaching the saturation point where I have to decide what's more important... my coworkers' wellbeing or my own.

A sad example of the reality of the workplace for too many nurses. I continue to believe firmly that it's a lot easier to deal with these issues in a unionized setting. But even then, a lot of fights still need to be won one at a time through activism, and sometimes it can be frustratingly hard to motivate our co-workers. So we pick our battles and continue the best we can.