Chapter 20Labor Relations
Federal & State Labor Laws• Relationships between employees &  employers are regulated by state & federal  laws.• Federal ...
Department of Labor• Functions  – promote welfare of wage earners  – improve working conditions  – advance opportunities f...
Unions & Healthcare Organizations• Through mid-1930s, union organizational  activity in health care industry minimal  – co...
National Labor Relations Act - I• Enacted 1935 to govern labor-management  relations of business firms engaged in  interst...
NLRA – II• Act modified by  – Taft-Hartley amendments of 1947  – Landrum-Griffin amendments of 1959                       ...
National Labor Relations Board• NLRB enforces & administers the NLRA  – has jurisdiction over matters involving    proprie...
NLRB – II• Elections   – NLRA sets out procedures by which employees     may select a union as their collective bargaining...
Norris-LaGuardia Act• Aimed at reducing # of injunctions to restrain  strikes & picketing.• Sets procedures for handling l...
Labor-Management       Reporting & Disclosure Act• Places controls on labor unions & relationships  between unions & membe...
Fair Labor Standards Act• Establishes  – minimum wages  – maximum hours of employment  – overtime pay provisions  – exempt...
Civil Rights Act of 1964Prohibits private employers & state & local  governments from discrimination in  employment in any...
OSHA – I•   Sets and enforces safety standards•   Provides training, outreach, and education•   Establishes partnerships• ...
OSHA – II•   Promulgation & Enforcement of OSHA Standards•   Recordkeeping•   Education•   Infectious Body Fluids•   Emplo...
Rehabilitation Act of 1973• Protection for handicapped employees• Applied to public & private orgs• Requirement to perform...
FMLA – I• Enacted to grant employees temporary medical  leave under certain circumstances.• Covered employers must grant e...
FMLA – II• Leave granted for:  – birth & care of employee’s child.  – placement of adopted or foster child with    employe...
FMLA – III• Illegal to terminate health insurance coverage  for an employee on FMLA leave.• Following FMLA leave, employee...
State Labor Laws – I• NLRB excludes from coverage health care  orgs operated by state• State Labor-Managementt Relations A...
State Labor Laws – II• Union Security Contracts & Right to Work  Laws  –   Closed shop contract  –   Union shop contract  ...
State Labor Laws – IIIWage and hour laws• Child Labor Acts– working papers– forbids employment of minors at night– prohibi...
Workers’ CompensationProgram whereby an employee can receive wage  benefits due to job injury  – Physical Injury  – Job St...
Limitations on Bargaining UnitsSupreme Court upholds NLRB ruling  – Hospital workers may form up to eight    bargaining un...
Labor Rights•   Organize & bargain collectively•   Solicit & distribute union info•   Picket•   Strike                    ...
Management Rights•   Receive a strike notice•   Hire replacement workers•   Restrict union activity•   Prohibit union acti...
DHHS EEO     Affirmative Action Plan – I• Prohibits discrimination on basis of age, race,  color, religion, sex, national ...
DHHS EEO    Affirmative Action Plan – II• Failure to comply can result in denial of  federal funds.• Health care orgs shou...
Patient Rights & labor Disputes• Patient rights take precedence over labor-  management rights• Patient’s have right to  –...
Injunctions• Court order directing that a certain act be  performed or not performed.  – Persons who fail to comply with c...
Administering Collective        Bargaining Agreement• Administered in ―good faith‖• Supervisors should familiarize themsel...
Workplace Discrimination•   Age•   Disability•   National Origin•   Pay•   Pregnancy•   Race•   Religious•   Sex/Sexual Ha...
DisabilityAmericans with Disabilities Act  – Tips for Employers  – Train managers as to ADA requirements  – Review & revis...
REVIEW QUESTIONS - I1. Provide a general overview of the NLRA.2. Using the hospital as a setting, give two  examples of wh...
REVIEW QUESTIONS - II5. Why did Congress enact the Norris-LaGuardia  Act?6. When is the Equal Pay Act applicable? What  is...
REVIEW QUESTIONS - III8. Describe the rights of both labor and  management.9. Describe the various ways in which  discrimi...
5530: Chapter 20
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5530: Chapter 20

  1. 1. Chapter 20Labor Relations
  2. 2. Federal & State Labor Laws• Relationships between employees & employers are regulated by state & federal laws.• Federal laws generally take precedence over state laws when there is conflict between state & federal laws.• State laws generally applicable when more rigid than federal laws. 3
  3. 3. Department of Labor• Functions – promote welfare of wage earners – improve working conditions – advance opportunities for profitable employment 4
  4. 4. Unions & Healthcare Organizations• Through mid-1930s, union organizational activity in health care industry minimal – continued that way with relatively slow growth until late 1950s.• Union activity successful most often in geographic areas in which unions have been active in other industries. 5
  5. 5. National Labor Relations Act - I• Enacted 1935 to govern labor-management relations of business firms engaged in interstate commerce.• Act defines certain conduct of employers & employees as unfair labor practices – provides for hearings on complaints that such practices have occurred. 6
  6. 6. NLRA – II• Act modified by – Taft-Hartley amendments of 1947 – Landrum-Griffin amendments of 1959 7
  7. 7. National Labor Relations Board• NLRB enforces & administers the NLRA – has jurisdiction over matters involving proprietary & not-for-profit health care organizations. – agency independent of department of labor, that is responsible for preventing & remedying unfair labor practices by employers & labor organizations. 8
  8. 8. NLRB – II• Elections – NLRA sets out procedures by which employees may select a union as their collective bargaining representative to negotiate employment and contract matters.• Unfair Labor Practices 9
  9. 9. Norris-LaGuardia Act• Aimed at reducing # of injunctions to restrain strikes & picketing.• Sets procedures for handling labor disputes.• Creates board of inquiry if a dispute threatens to interrupt health care.• Board’s findings provide framework for arbitrators’ decisions. 10
  10. 10. Labor-Management Reporting & Disclosure Act• Places controls on labor unions & relationships between unions & membership.• Requires employers to report payments to representatives of labor orgs.• Expenditures made to influence way employees exercise rights.• Disclosure of agreements with labor consultants. 11
  11. 11. Fair Labor Standards Act• Establishes – minimum wages – maximum hours of employment – overtime pay provisions – exempt employees provisions – work week options 12
  12. 12. Civil Rights Act of 1964Prohibits private employers & state & local governments from discrimination in employment in any business on basis of race, color, religion, sex, or national origin. 13
  13. 13. OSHA – I• Sets and enforces safety standards• Provides training, outreach, and education• Establishes partnerships• Encourages continual improvement in workplace safety and health 14
  14. 14. OSHA – II• Promulgation & Enforcement of OSHA Standards• Recordkeeping• Education• Infectious Body Fluids• Employee Complaints• State Regulation• Legal Liability 15
  15. 15. Rehabilitation Act of 1973• Protection for handicapped employees• Applied to public & private orgs• Requirement to perform self-evaluation of compliance• Jobs must not be designed to eliminate hiring of disabled persons 16
  16. 16. FMLA – I• Enacted to grant employees temporary medical leave under certain circumstances.• Covered employers must grant eligible employees up to a total of 12 workweeks of unpaid leave during any 12-month period. 17
  17. 17. FMLA – II• Leave granted for: – birth & care of employee’s child. – placement of adopted or foster child with employee. – care of immediate family member (spouse, child, or parent) with a serious health condition. – inability to work because of serious health condition. 18
  18. 18. FMLA – III• Illegal to terminate health insurance coverage for an employee on FMLA leave.• Following FMLA leave, employee’s job—or an equivalent job with equivalent pay, benefits, & other terms & conditions of employment—must be restored. 19
  19. 19. State Labor Laws – I• NLRB excludes from coverage health care orgs operated by state• State Labor-Managementt Relations Act – Laws vary from state to state 20
  20. 20. State Labor Laws – II• Union Security Contracts & Right to Work Laws – Closed shop contract – Union shop contract – Some state statutes forbid such contracts – Right-to-work laws 21
  21. 21. State Labor Laws – IIIWage and hour laws• Child Labor Acts– working papers– forbids employment of minors at night– prohibits minors from operating certain machinery 22
  22. 22. Workers’ CompensationProgram whereby an employee can receive wage benefits due to job injury – Physical Injury – Job Stress – Influenza Vaccination – Exposure to Hazardous Material 23
  23. 23. Limitations on Bargaining UnitsSupreme Court upholds NLRB ruling – Hospital workers may form up to eight bargaining units 24
  24. 24. Labor Rights• Organize & bargain collectively• Solicit & distribute union info• Picket• Strike 25
  25. 25. Management Rights• Receive a strike notice• Hire replacement workers• Restrict union activity• Prohibit union activity during working hrs• Prohibit supervisors from participating in union activity 26
  26. 26. DHHS EEO Affirmative Action Plan – I• Prohibits discrimination on basis of age, race, color, religion, sex, national origin.• Affirmative action program includes – collection & analysis of data on the race and sex of all applicants for employment. – non-discrimination clause in manuals. – use of data to show compliance with the law. 27
  27. 27. DHHS EEO Affirmative Action Plan – II• Failure to comply can result in denial of federal funds.• Health care orgs should have equal employment opportunity or affirmative action plan in place. 28
  28. 28. Patient Rights & labor Disputes• Patient rights take precedence over labor- management rights• Patient’s have right to – privacy – well-being 29
  29. 29. Injunctions• Court order directing that a certain act be performed or not performed. – Persons who fail to comply with court orders are said to be in contempt of court.• Earliest use of injunctions in labor relations was by employers to stop strikes or picketing by employees.• Availability of injunctive relief limited. 30
  30. 30. Administering Collective Bargaining Agreement• Administered in ―good faith‖• Supervisors should familiarize themselves with the agreement• Importance of recordkeeping• Grievance procedures• Arbitration 31
  31. 31. Workplace Discrimination• Age• Disability• National Origin• Pay• Pregnancy• Race• Religious• Sex/Sexual Harassment 32
  32. 32. DisabilityAmericans with Disabilities Act – Tips for Employers – Train managers as to ADA requirements – Review & revise job descriptions for compliance – Bring physical environment into compliance – Post notice describing purpose of ADA 33
  33. 33. REVIEW QUESTIONS - I1. Provide a general overview of the NLRA.2. Using the hospital as a setting, give two examples of what would violate the NLRA.3. How do patients rights come into play during a strike by nurses?4. What is the purpose of OSHA? 34
  34. 34. REVIEW QUESTIONS - II5. Why did Congress enact the Norris-LaGuardia Act?6. When is the Equal Pay Act applicable? What is the purpose of the EPA?7. Discuss the various ways in which discrimination can occur in the workplace 35
  35. 35. REVIEW QUESTIONS - III8. Describe the rights of both labor and management.9. Describe the various ways in which discrimination can occur in the workplace.10. What is sexual harassment and what must an employee show to demonstrate that the conduct complained of was sufficiently severe that would qualify it as sexual harassment? 36

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