Why is unionization a subject of taboo?? - Page 10
Register Today!- Jan 4, '12 by Chico David RNI don't know wage and hour law inside out or anything, but I am just sure that the staffing/pay practices you describe are in fact illegal. A phone call to the state department of labor might be a start or, if you live in one of the Southern states where the state government thinks workers have no rights, going to the US department of Labor might be worthwhile.
Here is a link:
http://www.dol.gov/whd/overtime_pay.htm
You'll find a fair bit on info there on overtime and also how to contact them. This just sounds like absolute garbage to me.Ruthfarmer and lindarn like this. - Jan 4, '12 by KelRN215Quote from Chico David RNI am fairly certain said practices are illegal as well. I had this conversation with them a few months back when I was informed that I would not be paid for the extra hour I worked on Nov 5th (the "fall back" night) because I was a "salaried, exempt employee". RNs can be considered "exempt" if they are paid on a salary basis and this is precisely WHY my employer came up with this backwards system. Mind you, if I ever work less than my 36 hrs/week, I get CHASED to make up those other hours and I "owe" them these hours. I pointed out to them in a "meeting" they asked me to attend that this does not happen with salaried employees because their hours don't matter/there's no such thing as "owing" hours and their response was basically "this is the way we do things here."I don't know wage and hour law inside out or anything, but I am just sure that the staffing/pay practices you describe are in fact illegal. A phone call to the state department of labor might be a start or, if you live in one of the Southern states where the state government thinks workers have no rights, going to the US department of Labor might be worthwhile.
Here is a link:
U.S. Department of Labor - Wage and Hour Division (WHD) - Overtime Pay
You'll find a fair bit on info there on overtime and also how to contact them. This just sounds like absolute garbage to me.
I have gone as far as to speak with an investigator at the Attorney General's office in my state who informed me that they could/would file a criminal complaint against my employer but that they couldn't protect my job. I do not have a union and am therefore an "at-will" employee. They can fire me because I have blue eyes if they feel like it. I don't particularly want to work for them anymore but I am stuck until at least September because of student loan obligations and I need a steady income and health insurance. Several of my colleagues and I have met with the nurses' union in our state... In my heart I just feel like if I leave because of their bs, I'm giving them the message that they can continue with it and force all those who disagree out the door and I strongly believe that one needs to fight for the change that one believes is necessary. - Jan 4, '12 by nicurn001KelRN Do you have whistleblower laws in your state or if your employer is a large corporation do they have a corporate ethics department ( it is in corporates best interest to know this timekeeping practice because it presents a large liability of back pay to previous emloyees ).As you have already stuck your neck out this far , I wonder if it is the lesser of evils for you to report this behaviour , as I am sure your days are already numbered at this employer ( even if they don't fire you , they will probably slow your advancement or make life so uncomfortable you will leave ).Sorry to be such a pessimist ,but whatever happens as soon as you can look for another employer who is hopefully more ethical .
As to those who are antiunion , I would love to hear how you think this problem can be solved other than by collective action ?brandy1017 and lindarn like this. - Jan 4, '12 by Chico David RNQuote from KelRN215I really like your spirit. I have the strong impression - again, I'm not an expert - that there are rules on who can be classified as exempt and that staff nurses are not generally one of them. But it's a subject loaded with grey areas. Back in the 90s we got new corporate oriented, bottom-line oriented management at our place. Lots of things changed for the worse. Their constantly repeated mantra was "if you don't like it, so somewhere else". Some did, but some of us stayed and organized instead. Now we're still here and all that management team are gone - every last one of the top level people that forced us to unionize. Outlast 'em.I am fairly certain said practices are illegal as well. I had this conversation with them a few months back when I was informed that I would not be paid for the extra hour I worked on Nov 5th (the "fall back" night) because I was a "salaried, exempt employee". RNs can be considered "exempt" if they are paid on a salary basis and this is precisely WHY my employer came up with this backwards system. Mind you, if I ever work less than my 36 hrs/week, I get CHASED to make up those other hours and I "owe" them these hours. I pointed out to them in a "meeting" they asked me to attend that this does not happen with salaried employees because their hours don't matter/there's no such thing as "owing" hours and their response was basically "this is the way we do things here."
I have gone as far as to speak with an investigator at the Attorney General's office in my state who informed me that they could/would file a criminal complaint against my employer but that they couldn't protect my job. I do not have a union and am therefore an "at-will" employee. They can fire me because I have blue eyes if they feel like it. I don't particularly want to work for them anymore but I am stuck until at least September because of student loan obligations and I need a steady income and health insurance. Several of my colleagues and I have met with the nurses' union in our state... In my heart I just feel like if I leave because of their bs, I'm giving them the message that they can continue with it and force all those who disagree out the door and I strongly believe that one needs to fight for the change that one believes is necessary. - Jan 4, '12 by KelRN215Quote from Chico David RNThat's my goal at this point and my institution has the same mantra as the place you describe. "This is how we do things here, we're not going to change the way we do things and if you don't like it, you can leave." I am slowly collecting people who are interested in unionizing... so many people want to but didn't want to be the one to actually reach out to the union/make the first contact. Others don't know enough about it/have believed management's lies for too long.I really like your spirit. I have the strong impression - again, I'm not an expert - that there are rules on who can be classified as exempt and that staff nurses are not generally one of them. But it's a subject loaded with grey areas. Back in the 90s we got new corporate oriented, bottom-line oriented management at our place. Lots of things changed for the worse. Their constantly repeated mantra was "if you don't like it, so somewhere else". Some did, but some of us stayed and organized instead. Now we're still here and all that management team are gone - every last one of the top level people that forced us to unionize. Outlast 'em.
- Jan 6, '12 by RuthfarmerQuote from AprettynewRNExtremely well said. Extremely! Your overview of the policies and and economy and the focus of attention of the masses is spot on.How depressing. I suppose as a newbie with an outsider viewpoint what's going on is as more people don't have insurance (read aren't getting profitable elective surgeries), as health care costs rise, and as fewer wage-earners are paying taxes (either because of job loss or a lower paying job), extensions of tax reductions on the big players, etc. CMS has to cut back given this large role of tax and of course the private insurers are happy to follow. I do believe many healthcare organizations are truly struggling and in these circumstances there has to be an accelerated, incentive based move to economies of scale which we see before us in the form of ARRA Hitech (Meaningful Use), consolidations and buyouts of large health networks on smaller ones, formerly independent practices aligning with hospitals and more.
I also believe that people who invest in their education and in being the best have a right to expect a return on that investment and reasonable working conditions...and that the patient (er, no, the "customer"!) has a right to safe, decent nursing care in an environment where s/he will not leave with a HA nosocomial present or otherwise an inoptimal outcome. After all, without all this what in the heck is the point? ("First, do no harm").
Unfortunately we live in a tough time where near all the courts in the country are rigged with anti-labor appointees from two terms of Reagan and three of Bush. Nonstop emotionally appealing talking points have convinced people (despite all evidence to the contrary) that their interests as wage-earners are the same as the uberwealthy and people are just too busy trying to survive to really invest the time and effort to cut through all the bull. Yet I sense ( as opposed to know) that many people DO know what's going on though but are really really afraid. You get punished, ridiculed and sometimes worse for sticking up for the working people in this country. Recently what was predominantly unemployed working Americans and educated college graduates unable to find jobs were dismissed by near the entire media as a bunch of "dirty hippies".
With devastatingly high unemployment for now a decade, people are really over the barrel. Nobody wants a low paying, back breaking job with poor working conditions but nobody wants their kids to go without dinner and a roof over their heads. Unfortunately it has in fact come down to that. Employers are ruthless in these times.
Maybe this is why some people feel they are re-fighting the same battles over and over and it's taking all they have to hold onto modest gains/improvements.
Incidentally other unions have also taken devastating losses, needless to say workers in Wisconsin and Ohio, from teachers to police officers but also including ALPA and some of the pilots union. I think it's easier for pilots because the idea of a horrific aviation accident resulting form unsafe conditions, tired pilots or unqualified ones is simpler for people to understand than how a substandard nurse could do something to give them a life-threatening infection.
So now that we've established the problem and many of the reasons for it ranging from big monied propoganda mills to the psychology of nurses, to an economy increasingly at odds with favorable labor negotiating, I suppose the million dollar question is what to do about it...
Anyway, just surfing and throwing in my own NY .02.
Enjoy! - Jan 12, '12 by WhichWayIsUp?I think most employers have done a great job of setting up an adversarial relationship with employees all on their own without any union activity. Unions are declining in the USA except in nursing. They are growing for a reason. Where there is smoke there is usually fire.
- Jan 12, '12 by GuttercatThis thread has been fascinating to read.
My thanks to those who contributed their insights.
The first half of my near-twenty year career, was spent in non-union workplaces/states. The last ten, have been in a unionized workplace.
The differences between the two decades, are immense. I much prefer the latter. - Jan 12, '12 by WhichWayIsUp?I have been anti-union all of my life. It was drilled into me first by my business owning dad and then MBA school. Now, after having to return to nursing to make a living due to the economy and finding the state of nursing in the condition it is in I have a different sentiment. I still don't like unions. Except for nursing. If any group needed organizing I can't think of one that needs it more. Over 2 million strong but yet we have no voice in the decisions made that affect us. We are used, abused and thrown away like trash. It is time for nurses to come together and take control of their workplace issues. Staffing, pulling and resources should be controlled by nursing. I fully believed that no one should be allowed to be the administrator of a hospital unless they are a nurse first. You can't decide how to deliver care unless you have delivered it!
- Jan 13, '12 by talaxandraMy father also ran his own small business, and has been strongly anti-union. I have no idea where my strong sense of social justice came from, but it's been an integral part of who I am since I was a teen - and supporting unions is part of that. They give a voice to the voiceless and power to those who would otherwise be rolled over in the quest for money at any price.
I know the situation in Australia is quite different from that in the US - corruption appears to be far less common in the blue-collar unions, and we have only one nursing union, with different branches in each state. The ANF represents all nurses, members and non-members, when negotiating terms and conditions during Enterprise Bargaining (every three or four years), and it's very much run bottom up: the Executive do as the members vote. ANF's the second largest union in the country, and in Victoria it represents just over 75% of nurses.