Published Feb 22, 2008
walk6miles
308 Posts
Is there anyone who has had some experience with this problem? Those of us in pool who take no benefits and receive 25% "no-benefit" pay are being called into the office and told the hospital is arbitrarily lowering the percentage (not sure if it goes to 15 or 10%).... this just weeks after an accross-the-board 50 cent an hour raise.
I am upset because I am not sure they are doing this to ALL nurses or just pool nurses. There is a definite need for nurses for this hospital (daily phone call begging us to work extra shifts). Additionally, we are being given extra patients in the ICU areas whenever it calls for taking an additional patient (call-ins, no-shows, etc.).
I have my meeting next week and would like to be armed with some rebuttal.
Thanks for your help! I am in a right-to-work state, just so you know.
EmmaG, RN
2,999 Posts
I am in a right-to-work state, just so you know.
Doesn't matter if you have a union or not.
Sec. 7. [ 157.] 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 except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title].Sec. 8. [ 158.] (a) [unfair labor practices by employer] It shall be an unfair labor practice for an employer--(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 [section 157 of this title];http://www.nlrb.gov/nlrb/legal/manuals/rules/act.pdf
Sec. 8. [ 158.] (a) [unfair labor practices by employer] It shall be an unfair labor practice for an employer--
(1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 [section 157 of this title];
http://www.nlrb.gov/nlrb/legal/manuals/rules/act.pdf
The National Labor Relations Act (NLRA) protects employees' rights to engage in protected concerted activities with or without a union, which are usually group activities (2 or more employees acting together) attempting to improve working conditions, such as wages and benefits. Some examples of such activities include:
a) 2 or more employees addressing their employer about improving their working conditions and pay;
b) 1 employee speaking to his/her employer on behalf of him/herself and one or more co-workers about improving workplace conditions;
c) 2 or more employees discussing pay or other work-related issues with each other.
The NLRA also protects any individual employee's right to engage in union support, membership, and activities.
The NLRA protects an individual employee's right not to engage in union activities or in other protected, concerted activities.
http://www.nlrb.gov/workplace_rights/i_am_new_to_this_website/what_are_protected_concerted_activities.aspx
Can the NLRB Help Me?
The
The NLRA protects workers who form, join, support or assist unions, also known as labor organizations, and protects groups of workers (two or more employees) who engage in protected concerted activities without a union seeking to modify their wages or working conditions. The Act protects non-union and union employees against employer and union discrimination based on union-related activities or other protected concerted activities. Please read the "Basic Guide to the National Labor Relations Act" [PDF]
Employees, who are not in a union or part of a recognized bargaining unit, and deemed to be employed "at-will" may be fired, suspended, transferred, demoted, or otherwise disciplined by their employer for any reason, [i]provided the employer's conduct does not violate the NLRA[/i], which would be considered an "unfair labor practice", or another federal or state statute. Some states have laws that extend rights to at-will employees. Anyone employed "at-will", who wants to pursue a case against an employer for alleged wrongful discipline, discharge or other retaliation, should seek advice from a private attorney. There are many other labor issues that affect employees and the workplace that do not fall under the NLRB's jurisdiction. Click here for a list of industries not covered by the NLRA. You may also go to the Referral Guide or the Frequently Asked Questions for information about the responsibilities of various other federal and state agencies that may assist you with different job-related problems. If you have a question about a workplace problem, call an NLRB Information Officer. Information Officers are available by phone or by walking into our Regional Offices during business hours. Because questions about your rights warrant a full understanding of the facts involved, we generally discourage communications about your workplace problems by E-mail. Find the nearest NLRB office by visiting the page titled Locating Our Offices.*can you tell I'm still reading The Book? LOL [/left] [/left] [/left]
Employees, who are not in a union or part of a recognized bargaining unit, and deemed to be employed "at-will" may be fired, suspended, transferred, demoted, or otherwise disciplined by their employer for any reason, [i]provided the employer's conduct does not violate the NLRA[/i], which would be considered an "unfair labor practice", or another federal or state statute. Some states have laws that extend rights to at-will employees. Anyone employed "at-will", who wants to pursue a case against an employer for alleged wrongful discipline, discharge or other retaliation, should seek advice from a private attorney.
There are many other labor issues that affect employees and the workplace that do not fall under the NLRB's jurisdiction.
Click here for a list of industries not covered by the NLRA.
You may also go to the Referral Guide or the Frequently Asked Questions for information about the responsibilities of various other federal and state agencies that may assist you with different job-related problems.
If you have a question about a workplace problem, call an NLRB Information Officer. Information Officers are available by phone or by walking into our Regional Offices during business hours. Because questions about your rights warrant a full understanding of the facts involved, we generally discourage communications about your workplace problems by E-mail. Find the nearest NLRB office by visiting the page titled Locating Our Offices.
*can you tell I'm still reading The Book? LOL
[/left]
llg, PhD, RN
13,469 Posts
I think the evidence that will help you most (or maybe work against you) is the information on how much other "non-benefit" nurses are being paid in your region. If that 25% figure was way higher than that of any hospital in your area, you really can't blame the hospital for trying to bring its salaries in line with the regional standard. However, if that 10-15% (or whatever) figure is significantly lower than that of other employers in your region, then you will be able to make a decent case.
So ... check with other area hospitals and see what their compensation rates are. You'll need that information as you head into your meeting.
oramar
5,758 Posts
I have heard reports of wage and benefit cuts from many bedside nurses recently. I have read complaints here and recieved them out here in the real world. I think there is a big push to control cost and they have decided to do it off the backs of nurses.( so what else is new ) In the past, when wages flatten or go down a big shortage occurs within two years. We will see if history repeats itself here.
Jolie, BSN
6,375 Posts
I think the evidence that will help you most (or maybe work against you) is the information on how much other "non-benefit" nurses are being paid in your region. If that 25% figure was way higher than that of any hospital in your area, you really can't blame the hospital for trying to bring its salaries in line with the regional standard. However, if that 10-15% (or whatever) figure is significantly lower than that of other employers in your region, then you will be able to make a decent case.So ... check with other area hospitals and see what their compensation rates are. You'll need that information as you head into your meeting.
Another valuable piece of data (which won't be immediately available) is the increase in unfilled shifts after this pay change is implemented. Your pool staff will be less likely to pick up shifts if they don't believe they are being adequately compensated.
Of course it will.
I've heard some say that the new Medicare regs will result in hospitals working to hire and retain nursing staff. That would make sense, as lower nurse/patient (and satisfied, less-stressed staff) has been shown to improve patient outcomes and decrease the incidence of complications.
However.
I believe we're going to see a repeat of years past. Hospital administrations are notorious for knee-jerk panic reactions, seeing only the bottom line (Oh my God! We're going to lose money!). They view safe and adequate staffing as cost-prohibitive. Nurses are expensive and expendable. Hospitals do not look ahead or at the bigger picture, nor do they employ preventative measures that, while perhaps somewhat costly in the short term, will most certainly pay off in the end.
Just my prediction, for what it's worth...
Thanks to all ... I will be busy getting my ducks in a row.... appreciate all the info and will let you know how things are as soon as I know.
elkpark
14,633 Posts
I work as a prn RN, and, while I haven't had my base rate cut, all the prn nurses at my facility were recently informed that we will no longer receive shift differentials.
That is still a cut in pay.
Yes, that was my point! Since the facility's shift differential is fairly generous and they use my almost exclusively on 3rd shift, it's quite a significant cut in pay!
File a grievance... you + at least one other = protection under the NLRA.
:)