Unions. What do they do for us?

HM2VikingRN, RN · Mar 14, 2009

Another concise argument for the protection of a labor contract at http://www.alternet.org/story/131152/%22can_my_employer_do_that_to_me%22_find_out_if_you%27re_being_treated_fairly/

RN4MERCY · Mar 14, 2009

Another concise argument for the protection of a labor contract at http://www.alternet.org/story/131152/%22can_my_employer_do_that_to_me%22_find_out_if_you%27re_being_treated_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.

Pediatric Critical Care Columnist · Mar 14, 2009

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.

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.

Multiple studies show that onerous working conditions created by employers cause nurses to leave the profession.

That could be why, despite the presence of a very comprehensive collective agreement, nurses are leaving my unit in droves.

RN4MERCY · Mar 14, 2009

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.

Pediatric Critical Care Columnist · Mar 14, 2009

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.

Chico David, BSN, RN · Mar 14, 2009

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.

lindarn · Mar 14, 2009

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.

This just goes to prove what I have said countless times. An individual can only achieve so much by themselves. Individuals who mistakenly believe that they can make the necessary changes to achieve a fair and smooth running workplace, are in la la land, and suffer from delusions of grandeur. If your co-workers don't want to fight for what they deserve, than I suggest that you move on, and go where nurses are appreciated, and leave the marty marys behind to stew in their own misery.

Unfortunately, learned helplessness is an unfortunate reality that is drummed into nurses from the time that they are students. Hospitals count on it when they hire new grads, and it is cultivated day after day of back breaking work that is neither recognized nor appreciated by management, administration, or even our patients. JMHO and my NY $0.02.

Lindarn, RN, BSN, CCRN

Spokane, Washington

Pediatric Critical Care Columnist · Mar 15, 2009

I won't say you're wrong, Linda. There are quite a few nurses on my unit who have never worked anywhere else, so they think the dysfunction is normal. They've also watched people like me, spinning our wheels and getting exactly nowhere, and aren't interested in bestirring themselves enough to get involved. They're quite happy to sit in the break room and whine about how awful things are but when it comes time to actually do something about it, they have better things to do. As I said, I'm very well aware that I can't do it by myself and if they're not interested in raising their voices with mine, I'm done. I know that there will be another huge outcry over the vacation planner when the final version is posted, and there will be major complaints about the schedule for July to October when it's posted, but no one will take their issues to their logical conclusion.

I've been actively looking for another job for several months. The difficulty is that there is only one peds hospital within any sort of commute (next closest one is 3 hours away) and things in the other areas of our hospital are at least as bad... same upper management. At this stage of my career, I'm not excited about taking up a totally new specialty but I may find myself with no choice. I don't want to trade one dysfunctional unit where I know what I'm doing for another equally dysfunctional unit where I'm the new kid on the block. If I didn't love my work so much I might find it easier to leave my job.

RN4MERCY · Mar 18, 2009

I won't say you're wrong, Linda. There are quite a few nurses on my unit who have never worked anywhere else, so they think the dysfunction is normal. They've also watched people like me, spinning our wheels and getting exactly nowhere, and aren't interested in bestirring themselves enough to get involved. They're quite happy to sit in the break room and whine about how awful things are but when it comes time to actually do something about it, they have better things to do. As I said, I'm very well aware that I can't do it by myself and if they're not interested in raising their voices with mine, I'm done. I know that there will be another huge outcry over the vacation planner when the final version is posted, and there will be major complaints about the schedule for July to October when it's posted, but no one will take their issues to their logical conclusion.
I've been actively looking for another job for several months. The difficulty is that there is only one peds hospital within any sort of commute (next closest one is 3 hours away) and things in the other areas of our hospital are at least as bad... same upper management. At this stage of my career, I'm not excited about taking up a totally new specialty but I may find myself with no choice. I don't want to trade one dysfunctional unit where I know what I'm doing for another equally dysfunctional unit where I'm the new kid on the block. If I didn't love my work so much I might find it easier to leave my job.

This is an interesting discussion. Anyone else see these hospitals' and employers' behaviors and the nurses' responses as being similar, as though we were discussing domestic abuse? Or victims of hostile/involuntary captivity (Stockholm) syndrome?...where nurses begin to identify with and support their boss's policies and their oppressive working conditions?

Feed 'em and flog 'em--token acts of kindness: free hot dogs and Dove bars on nurses' day, pizza delivered to the desk but no lunch relief nurse for most days of the month, and a token, "great teamwork, atta-boy" from management--during days when there is deliberate short staffing and the unit is full of high acuity patients. Employers abuse the good will of the nurses and many will turn around and say, "See they're not so bad, and at least I have a job."

During a union organizing drive when an activist calls management out for such backhanded and token "support" of nursing, organizers are targeted and retaliated against by management This helps to create a climate in which good people are afraid to speak out for fear they will also be targeted. Unfortunately, this collective silence condones and even exacerbates the bullying--and that's what it is; without a dissenting voice, perpetrators become even more emboldened.

In order to justfy bad choices, people will often rationalize, sympathize with and defend their tormenters. Maybe people will think that's a harsh judgement, but one of the rationalizations I hear is, "if you think it's bad here, you should go work at xyz hospital". Like you were saying, janfrn, that feeling of "dysfunctional" just kind of beats us down and lowers our expectations so that we begin to lose hope that there could be anything better out there. As Florence Nightingale said, "were there none who hoped for better, there would never be any better."

Why should you, or any nurse be the ones who feel like they have to leave their community hospitals after investing their time and talent on behalf of their patients? I say it's time to organize and get rid of bad management and support laws, like EFCA, single payer healthcare, and safe minimum standards for RN to patient ratios, that include a provision for "staffing up" to meet the needs of patients. High patient to RN ratios have been shown to increase the risk of complications and cause RNs to leave the profession.

If nurses don't organize and form an all RN union, then they are at risk of becoming "accomplices in their own subordination, " to the male dominated/corporate heirarchy, according to professional nursing pioneer and social activist, Lavinia Dock.

lindarn · Mar 18, 2009

This is an interesting discussion. Anyone else see these hospitals' and employers' behaviors and the nurses' responses as being similar, as though we were discussing domestic abuse? Or victims of hostile/involuntary captivity (Stockholm) syndrome?...where nurses begin to identify with and support their boss's policies and their oppressive working conditions?
Feed 'em and flog 'em--token acts of kindness: free hot dogs and Dove bars on nurses' day, pizza delivered to the desk but no lunch relief nurse for most days of the month, and a token, "great teamwork, atta-boy" from management--during days when there is deliberate short staffing and the unit is full of high acuity patients. Employers abuse the good will of the nurses and many will turn around and say, "See they're not so bad, and at least I have a job."
During a union organizing drive when an activist calls management out for such backhanded and token "support" of nursing, organizers are targeted and retaliated against by management This helps to create a climate in which good people are afraid to speak out for fear they will also be targeted. Unfortunately, this collective silence condones and even exacerbates the bullying--and that's what it is; without a dissenting voice, perpetrators become even more emboldened.
In order to justfy bad choices, people will often rationalize, sympathize with and defend their tormenters. Maybe people will think that's a harsh judgement, but one of the rationalizations I hear is, "if you think it's bad here, you should go work at xyz hospital". Like you were saying, janfrn, that feeling of "dysfunctional" just kind of beats us down and lowers our expectations so that we begin to lose hope that there could be anything better out there. As Florence Nightingale said, "were there none who hoped for better, there would never be any better."
Why should you, or any nurse be the ones who feel like they have to leave their community hospitals after investing their time and talent on behalf of their patients? I say it's time to organize and get rid of bad management and support laws, like EFCA, single payer healthcare, and safe minimum standards for RN to patient ratios, that include a provision for "staffing up" to meet the needs of patients. High patient to RN ratios have been shown to increase the risk of complications and cause RNs to leave the profession.
If nurses don't organize and form an all RN union, then they are at risk of becoming "accomplices in their own subordination, " to the male dominated/corporate heirarchy, according to professional nursing pioneer and social activist, Lavinia Dock.

I have frequently compared nurses to abused wives, who allow our abusive husbands to keep us, "barefoot and pregnant" (undereducated-you don't need a BSN. You are just a nurse, and don't need college to clean buts, and fill pitchers with ice water). They threaten us when we want to unionize. Who tells us this stuff? Our abuser,of course. And we identify with our abusers by not asking for a higher salary for nurses who have BSNs, specialty certification- "you all do the same job". We cower when they abuse us, and then when the abusive husband comes home with flowers and candy, we say, "see, he has changed. He won't beat me any more".

This is what nursing has come down to. Being compared to abused wives who keep going back for more. It is pitiful. The situation, as it is, will continue to perpetuate this attitude, as more and more individuals will flock to nursing to escape unemployment in other fields ( I am so lucky to have a job!). Schools also perpetuate this attitude, by abusing students who apply there, and who finally get accepted.

We are on the brink of being replaced with unlicensed assistive personnel, because the PTB do not see any difference in the lower educated individuals, and the nurses who only went to school and earned a diploma, or associates degree.

While other health care professionals have INCREASED THEIR ENTRY INTO PRACTICE, nurses talk about lowering the standards, and going back to diploma programs. Instead if emulating the other successful health care professions, we continue to make excuses for our lack of education. And those of us who have increased our educational levels, are not making any more money than the ones who stayed with the lower eduational levals.

We should be DEMANDING THAT THE ANA INCREASE THE ENTRY INTO PRACTICE TO A BSN FOR RNS, ASSOCIATES DEGREE FOR LPNS, AND AT LEAST A ONE YEAR PROGRAM FOR CNAS.

Physical Therapy ASSISTANTS HAVE A TWO YEAR Associates Degree as entry into practice. What does that say about us? We are a repressed profession, who fear making waves, making our 'husband' mad. They are accomplises in their own subjugation, and instead of turning on our oppressors, we turn on each other, especially the ones who make waves, and try to change the status quo. JMHO and my NY $0.02.

Lindarn, RN, BSN, CCRN

Spokane, Washington

Pediatric Critical Care Columnist · Mar 18, 2009

RN4Mercy, I AM a union member. Our management violates our collective agreement in dozens of small ways every day. From scheduling mandatory education as an "extra" shift for part timers to refusing to pay for legitimate end-of-shift overtime to denying PTO that has already been earned, they find a lot of ways to keep us in line.

I'm not sure if it was on this thread but I've described the difficulty our union has in holding the employers' feet to the fire. We have a single-payer system and in this province the government, while telling the world that they don't have control of the health care system while playing puppetmaster to the employer bargaining committee, has stacked the labour relations deck with their lackeys. In arbitration, the union loses about 95% of the time. They've made it illegal for essential services to strike; without any weapons at our disposal our negotiations are always long, drawn-out, frustrating experiences. Our last contract was ratified in July, 2007 with an expiry date of March 31, 2010. There were several items the employer brought to the table to increase recruitment and retention, things like weekend worker, flexible part-time and benefits-eligible casual positions that as of this date have still not been implemented because they didn't have a plan for implementing. There are no repercussions to them for failing to meet the terms of the collective agreement.

The analogy of battered spouse/Stockholm syndrome is quite apt in this situation.

Within 2 years, all of Canada will require a BScN for entry to practice. LPNs are already required to complete a 2 year diploma course in all provinces but BC.

RN4MERCY · Mar 18, 2009

Do you and some of your more activist minded colleagues have some ideas about how to solve this, but maybe you've been stymied from implementing them? What is the biggest obstacle in your opinion? Fatigue or belief that the problem is overwhelming or perhaps you need more internal organizing help to build momentum? You've expressed some common concerns and I'd appreciate your suggestions.