1) Unions in the healthcare industry have gained momentum in organizing nurses and other healthcare workers. Labor laws allow healthcare workers to unionize and collectively bargain.
2) There are typically eight presumptively appropriate bargaining units in hospitals including registered nurses, physicians, and other professional and non-professional staff. Determining appropriate bargaining units can impact union organizing success.
3) During a union organizing campaign, both employers and unions can communicate their messages but cannot threaten or coerce workers. Employers must apply any rules limiting solicitation or use of facilities equally to union and non-union activities.
Collective Bargaining/ Unionization
Learning Objectives
Identify major legislation that has impacted the ability of nurses to unionize
Identify factors that influence whether nurses join unions
Describe the relationships between national economic prosperity, the existence of nursing shortages and surpluses, and the unionization rates of nurses
Identify the largest unions representing health-care employees and nurses in particular
Identify the steps necessary to start a union
Debate philosophically the potential conflicts inherent in having a professional organization also serve as a collective bargaining agent
Reflect on whether going on strike can be viewed as an ethically appropriate action for professional nurses
Explore labor laws regarding overtime and working conditions present in the state in which he or she lives or will seek employment
Explain how equal employment legislation has affected employment and hiring practices
Describe current legislation that seeks to eliminate gender-based differences
Identify how the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination and Employment Act have attempted to reduce discrimination in the workplace
Identify the purpose of the Occupational Safety and Health Act (OSHA)
Identify strategies for eliminating sexual harassment in the workplace
Underlined is done!!
Collective bargaining video
https://youtu.be/5ulJqK3KxEE
Terminology associated with unions and collective bargaining
Agency shop: Also called an open shop. Employees are not required to join the union.
Arbitration: Terminal step in the grievance procedure where a third party reviews the grievance, completes fact finding, and reaches a decision. Always indicates the involvement of a third party. Arbitration may be voluntary on the part of management and labor or imposed by the government in a compulsory arbitration.
Collective bargaining: Relations between employers, acting through their management representatives, and organized labor
Grievance: Perception on the part of a union member that management has failed in some way to meet the terms of the labor agreement
Lockout: Closing a place of business by management in the course of a labor dispute for the purpose of forcing employees to accept management terms
National Labor Relations Board (NLRB): Labor board formed to implement the Wagner Act. Its two major functions are
(a) determine who should be the official bargaining unit when a new unit is formed and who should be in the unit
(b) adjudicate unfair labor charges.
Union shop: Also called a closed shop. All employees are required to join the union and pay dues.
What Is Collective Bargaining?
A process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment
Chapter 22, examines the leadership roles and management functions necessary to create a climate in which unionization and employment legislation are ...
This paper compares 3 entities from 3 different types of health care financial environments, for-profit, not-for-profit, and government. It describes the financial structure of the different financial environments. It also identifies policies which are unique to each particular financial environment. It w identifies financial management practices prevalent in the different financial environments.
By Thomas C. Ricketts and Erin P. FraherReconfiguring Heal.docxclairbycraft
By Thomas C. Ricketts and Erin P. Fraher
Reconfiguring Health Workforce
Policy So That Education,
Training, And Actual Delivery
Of Care Are Closely Connected
ABSTRACT There is growing consensus that the health care workforce in
the United States needs to be reconfigured to meet the needs of a health
care system that is being rapidly and permanently redesigned.
Accountable care organizations and patient-centered medical homes, for
instance, will greatly alter the mix of caregivers needed and create new
roles for existing health care workers. The focus of health system
innovation, however, has largely been on reorganizing care delivery
processes, reengineering workflows, and adopting electronic technology
to improve outcomes. Little attention has been paid to training workers
to adapt to these systems and deliver patient care in ever more
coordinated systems, such as integrated health care networks that
harmonize primary care with acute inpatient and postacute long-term
care. This article highlights how neither regulatory policies nor market
forces are keeping up with a rapidly changing delivery system and argues
that training and education should be connected more closely to the
actual delivery of care.
H
ealth care professionals are be-
ing challenged to find new ways
to organize care and develop
systems that hold providers ac-
countable for the quality, cost,
and patient experience of care.1 The once in-
cremental pace of change is accelerating, and
there is evidence that long-standing paradigms
are dramatically shifting.2 For example, the rela-
tively slow acceptance of prepaid and managed
care systems is being replaced by the rapid adop-
tion of bundled and risk-based payment mod-
els.3,4 Early adopters of accountable care organi-
zations (ACOs) are finding that their workforce
is shifting from acute care to community- and
home-based settings with increasing roles for
physicians, nurses, social workers, patient navi-
gators and outreach coordinators, and other
clinicians in providing enhanced care coordina-
tion, better medication management, and im-
proved care transitions.5
The training of health professionals, however,
lags behind these reforms because it remains
largely insulated from change behind the walls
of schools of medicine, dentistry, pharmacy, and
nursing. Medical training is done primarily in
hospitals, while the greatest challenges are
found in coordinating care in multiple out-
patient settings. This article describes how
health workforce policy was done in the past.
It illustrates some of the specific changes under
way and how they are changing the health care
workforce. Further, it suggests that closer links
should be built between the day-to-day caring for
patients and the training of the people who de-
liver that care.
Workforce Policy Center Stage Again
Health workforce policy took center stage in an
earlier Health Affairs thematic issue in 2002.6
Articles in that issue described future efforts to
doi: 10.1377/.
By Thomas C. Ricketts and Erin P. FraherReconfiguring Heal.docxjasoninnes20
By Thomas C. Ricketts and Erin P. Fraher
Reconfiguring Health Workforce
Policy So That Education,
Training, And Actual Delivery
Of Care Are Closely Connected
ABSTRACT There is growing consensus that the health care workforce in
the United States needs to be reconfigured to meet the needs of a health
care system that is being rapidly and permanently redesigned.
Accountable care organizations and patient-centered medical homes, for
instance, will greatly alter the mix of caregivers needed and create new
roles for existing health care workers. The focus of health system
innovation, however, has largely been on reorganizing care delivery
processes, reengineering workflows, and adopting electronic technology
to improve outcomes. Little attention has been paid to training workers
to adapt to these systems and deliver patient care in ever more
coordinated systems, such as integrated health care networks that
harmonize primary care with acute inpatient and postacute long-term
care. This article highlights how neither regulatory policies nor market
forces are keeping up with a rapidly changing delivery system and argues
that training and education should be connected more closely to the
actual delivery of care.
H
ealth care professionals are be-
ing challenged to find new ways
to organize care and develop
systems that hold providers ac-
countable for the quality, cost,
and patient experience of care.1 The once in-
cremental pace of change is accelerating, and
there is evidence that long-standing paradigms
are dramatically shifting.2 For example, the rela-
tively slow acceptance of prepaid and managed
care systems is being replaced by the rapid adop-
tion of bundled and risk-based payment mod-
els.3,4 Early adopters of accountable care organi-
zations (ACOs) are finding that their workforce
is shifting from acute care to community- and
home-based settings with increasing roles for
physicians, nurses, social workers, patient navi-
gators and outreach coordinators, and other
clinicians in providing enhanced care coordina-
tion, better medication management, and im-
proved care transitions.5
The training of health professionals, however,
lags behind these reforms because it remains
largely insulated from change behind the walls
of schools of medicine, dentistry, pharmacy, and
nursing. Medical training is done primarily in
hospitals, while the greatest challenges are
found in coordinating care in multiple out-
patient settings. This article describes how
health workforce policy was done in the past.
It illustrates some of the specific changes under
way and how they are changing the health care
workforce. Further, it suggests that closer links
should be built between the day-to-day caring for
patients and the training of the people who de-
liver that care.
Workforce Policy Center Stage Again
Health workforce policy took center stage in an
earlier Health Affairs thematic issue in 2002.6
Articles in that issue described future efforts to
doi: 10.1377/ ...
Collective Bargaining/ Unionization
Learning Objectives
Identify major legislation that has impacted the ability of nurses to unionize
Identify factors that influence whether nurses join unions
Describe the relationships between national economic prosperity, the existence of nursing shortages and surpluses, and the unionization rates of nurses
Identify the largest unions representing health-care employees and nurses in particular
Identify the steps necessary to start a union
Debate philosophically the potential conflicts inherent in having a professional organization also serve as a collective bargaining agent
Reflect on whether going on strike can be viewed as an ethically appropriate action for professional nurses
Explore labor laws regarding overtime and working conditions present in the state in which he or she lives or will seek employment
Explain how equal employment legislation has affected employment and hiring practices
Describe current legislation that seeks to eliminate gender-based differences
Identify how the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination and Employment Act have attempted to reduce discrimination in the workplace
Identify the purpose of the Occupational Safety and Health Act (OSHA)
Identify strategies for eliminating sexual harassment in the workplace
Underlined is done!!
Collective bargaining video
https://youtu.be/5ulJqK3KxEE
Terminology associated with unions and collective bargaining
Agency shop: Also called an open shop. Employees are not required to join the union.
Arbitration: Terminal step in the grievance procedure where a third party reviews the grievance, completes fact finding, and reaches a decision. Always indicates the involvement of a third party. Arbitration may be voluntary on the part of management and labor or imposed by the government in a compulsory arbitration.
Collective bargaining: Relations between employers, acting through their management representatives, and organized labor
Grievance: Perception on the part of a union member that management has failed in some way to meet the terms of the labor agreement
Lockout: Closing a place of business by management in the course of a labor dispute for the purpose of forcing employees to accept management terms
National Labor Relations Board (NLRB): Labor board formed to implement the Wagner Act. Its two major functions are
(a) determine who should be the official bargaining unit when a new unit is formed and who should be in the unit
(b) adjudicate unfair labor charges.
Union shop: Also called a closed shop. All employees are required to join the union and pay dues.
What Is Collective Bargaining?
A process in which working people, through their unions, negotiate contracts with their employers to determine their terms of employment
Chapter 22, examines the leadership roles and management functions necessary to create a climate in which unionization and employment legislation are ...
This paper compares 3 entities from 3 different types of health care financial environments, for-profit, not-for-profit, and government. It describes the financial structure of the different financial environments. It also identifies policies which are unique to each particular financial environment. It w identifies financial management practices prevalent in the different financial environments.
By Thomas C. Ricketts and Erin P. FraherReconfiguring Heal.docxclairbycraft
By Thomas C. Ricketts and Erin P. Fraher
Reconfiguring Health Workforce
Policy So That Education,
Training, And Actual Delivery
Of Care Are Closely Connected
ABSTRACT There is growing consensus that the health care workforce in
the United States needs to be reconfigured to meet the needs of a health
care system that is being rapidly and permanently redesigned.
Accountable care organizations and patient-centered medical homes, for
instance, will greatly alter the mix of caregivers needed and create new
roles for existing health care workers. The focus of health system
innovation, however, has largely been on reorganizing care delivery
processes, reengineering workflows, and adopting electronic technology
to improve outcomes. Little attention has been paid to training workers
to adapt to these systems and deliver patient care in ever more
coordinated systems, such as integrated health care networks that
harmonize primary care with acute inpatient and postacute long-term
care. This article highlights how neither regulatory policies nor market
forces are keeping up with a rapidly changing delivery system and argues
that training and education should be connected more closely to the
actual delivery of care.
H
ealth care professionals are be-
ing challenged to find new ways
to organize care and develop
systems that hold providers ac-
countable for the quality, cost,
and patient experience of care.1 The once in-
cremental pace of change is accelerating, and
there is evidence that long-standing paradigms
are dramatically shifting.2 For example, the rela-
tively slow acceptance of prepaid and managed
care systems is being replaced by the rapid adop-
tion of bundled and risk-based payment mod-
els.3,4 Early adopters of accountable care organi-
zations (ACOs) are finding that their workforce
is shifting from acute care to community- and
home-based settings with increasing roles for
physicians, nurses, social workers, patient navi-
gators and outreach coordinators, and other
clinicians in providing enhanced care coordina-
tion, better medication management, and im-
proved care transitions.5
The training of health professionals, however,
lags behind these reforms because it remains
largely insulated from change behind the walls
of schools of medicine, dentistry, pharmacy, and
nursing. Medical training is done primarily in
hospitals, while the greatest challenges are
found in coordinating care in multiple out-
patient settings. This article describes how
health workforce policy was done in the past.
It illustrates some of the specific changes under
way and how they are changing the health care
workforce. Further, it suggests that closer links
should be built between the day-to-day caring for
patients and the training of the people who de-
liver that care.
Workforce Policy Center Stage Again
Health workforce policy took center stage in an
earlier Health Affairs thematic issue in 2002.6
Articles in that issue described future efforts to
doi: 10.1377/.
By Thomas C. Ricketts and Erin P. FraherReconfiguring Heal.docxjasoninnes20
By Thomas C. Ricketts and Erin P. Fraher
Reconfiguring Health Workforce
Policy So That Education,
Training, And Actual Delivery
Of Care Are Closely Connected
ABSTRACT There is growing consensus that the health care workforce in
the United States needs to be reconfigured to meet the needs of a health
care system that is being rapidly and permanently redesigned.
Accountable care organizations and patient-centered medical homes, for
instance, will greatly alter the mix of caregivers needed and create new
roles for existing health care workers. The focus of health system
innovation, however, has largely been on reorganizing care delivery
processes, reengineering workflows, and adopting electronic technology
to improve outcomes. Little attention has been paid to training workers
to adapt to these systems and deliver patient care in ever more
coordinated systems, such as integrated health care networks that
harmonize primary care with acute inpatient and postacute long-term
care. This article highlights how neither regulatory policies nor market
forces are keeping up with a rapidly changing delivery system and argues
that training and education should be connected more closely to the
actual delivery of care.
H
ealth care professionals are be-
ing challenged to find new ways
to organize care and develop
systems that hold providers ac-
countable for the quality, cost,
and patient experience of care.1 The once in-
cremental pace of change is accelerating, and
there is evidence that long-standing paradigms
are dramatically shifting.2 For example, the rela-
tively slow acceptance of prepaid and managed
care systems is being replaced by the rapid adop-
tion of bundled and risk-based payment mod-
els.3,4 Early adopters of accountable care organi-
zations (ACOs) are finding that their workforce
is shifting from acute care to community- and
home-based settings with increasing roles for
physicians, nurses, social workers, patient navi-
gators and outreach coordinators, and other
clinicians in providing enhanced care coordina-
tion, better medication management, and im-
proved care transitions.5
The training of health professionals, however,
lags behind these reforms because it remains
largely insulated from change behind the walls
of schools of medicine, dentistry, pharmacy, and
nursing. Medical training is done primarily in
hospitals, while the greatest challenges are
found in coordinating care in multiple out-
patient settings. This article describes how
health workforce policy was done in the past.
It illustrates some of the specific changes under
way and how they are changing the health care
workforce. Further, it suggests that closer links
should be built between the day-to-day caring for
patients and the training of the people who de-
liver that care.
Workforce Policy Center Stage Again
Health workforce policy took center stage in an
earlier Health Affairs thematic issue in 2002.6
Articles in that issue described future efforts to
doi: 10.1377/ ...
This Handbook is designed to give the public, patients (their carers and families) and NHS staff all the information they need about the NHS Constitution for England.
Exploring Hospital-Physician Business Relationships: What Trustees Need to Knowjhdgroup
This monograph discusses the key role of the health care organization governing board in working with physicians to frame the value exchange between both parties in the context of the organization’s mission, goals and market position. Our findings and recommendations address:• Guiding organizations in moving beyond transactional relationships• Specific opportunities for hospital/physician collaboration• Building an infrastructure to enable collaboration
4 hours ago
Amy Miller
RE: Discussion - Week 7
Collapse
NURS 6050C: Policy and Advocacy for Improving Population Health
Main Question Post. The Patient Protection and Affordable Care Act of 2010 created several positive healthcare policies such as affordable health care, lifting the preexisting health condition clause from health insurance, requiring facilities to make healthcare charges public knowledge, and enforcing healthcare providers to become active in improving quality and health outcomes for patients (Library of Congress, n.d.). The act addressed a combination of the health care drivers of cost, quality, and access. According to a report released by the White House Press Secretary on April 17, 2014, “The Affordable Care Act is working. It is giving millions of middle class Americans the health care security they deserve, it is slowing the growth of health care costs and it has brought transparency and competition to the Health Insurance Marketplace.” (The White House, 2014). However, the price some healthcare providers had to pay a heavy financial - forcing some providers out of business. The negative side of the act is seldom portrayed in the news and media.
Section 3131(a) of the act required payment for home health services to be rebased over a period of four years (Centers for Medicare & Medicaid Services, 2013); resultant in a 2.8% reduction beginning in 2014 for four consecutive years totaling a reduction in payment of 11.6%. The reductions were placed along with mandates for quality reporting, new forms, and new processes resulting in increased administrative overhead costs while shouldering the burden of financial reductions.
Initiating a Change in Policy Process
Living in a rural community, I witness firsthand the lack of access to care as there are limited numbers of primary care providers. Couple the limited access to providers with the amount of paperwork and forms that must be signed by a physician and patients are not referred to home health services as often as one should be – the result is the patient presenting to the emergency room or a hospitalization to have one’s health care needs met. Currently, Medicare and Medicaid do not allow physician assistants or advanced practice registered nurses (APRNs) to sign the necessary orders and plan of care for home health services – only a “doctor of medicine, osteopathy, or podiatric medicine” may sign for services (Government Publishing Office, 2014, p. 693). I would like to use the knowledge gained as an APRN to legislate for this mandate to be changed and allow both physician assistants and APRNs to sign for coverage of home health services.
The Kingdon Model would be utilized for the legislation process by finding the three streams of problem, policy, and politics to coordinate with the above-mentioned issue (Milstead, 2019, p. 24). The problem would consist of the burdensome amount of paperwork imposed upon.
Health Reform Bulletin – Implementation Update: Women’s Preventive Health Se...CBIZ, Inc.
The women’s health services component of the Affordable Care Act’s (ACA) preventive services mandate continues to evolve. As background, the ACA requires non-grandfathered plans to provide specified preventive services at no cost to plan participants. These preventive services require coverage of certain women’s health services including contraceptive coverage. Recent challenges to this requirement have reached the Supreme Court.
Peer support and DPULOs: three case studies (DRUK)Rich Watts
Three excellent case studies from Disability Rights UK on how DPULOs can help commissioners with peer support in different ways. You can find the original on the DRUK website here: http://www.disabilityrightsuk.org/dpulocasestudies.htm
714Representation Elections Under the National Labor Rel.docxalinainglis
71
4Representation Elections Under the National Labor
Relations Act
Robert Churchill/iStock/Thinkstock
Learning Objectives
After completing this chapter, you should be able to:
• Evaluate the steps of union formation under the National Labor Relations Act.
• Analyze employers’ use of unfair labor practices such as coercion, interrogation, and surveillance.
• Assess employers’ use of unfair labor practices such as regulating solicitation, relocating the workplace, and
holding captive audience meetings.
• Examine union activities that may invalidate union representation elections, the process by which the work-
force votes for or against union representation in the workplace.
• Summarize the ways in which labor relations consultants may assist employers in the union representation
election process to determine if workers wish to be represented by a union.
sea81813_04_c04_071-096.indd 71 12/9/14 11:22 AM
Section 4.1 How Unions Are Formed Under the NLRA
Introduction
This chapter and the next offer a detailed explanation of the National Labor Relations Act
(NLRA), the federal law initially enacted in 1935 that first granted workers the right to form
a labor union. We will examine how to form a union and achieve recognition pursuant to the
act. Then we will study how employers sometimes violate the act and examine ways employ-
ers can stay within the parameters of the law.
Much of this chapter will refer to elections under the NLRA. Elections refer to the process in
which workers vote at their workplace to determine whether they wish to be represented
by a union; other ways to refer to this process include representation elections or the elec-
tion process.
4.1 How Unions Are Formed Under the NLRA
This section discusses how a labor union is formed in a private business under the National
Labor Relations Act. We will begin by covering who is qualified to start the unionization pro-
cess and then examine how the petition is actually filed with the National Labor Relations
Board (NLRB), the administrative agency entrusted with overseeing representation elections
and resolving labor disputes under the act. Defining who is an employee is an important first
step to determining which workers are eligible to vote for union representation.
Defining Employees
The first step in forming a union is to identify which members of the working unit qualify to
participate in the representation election. Union formation is limited to particular employ-
ees, which begs the question: Who is an employee? Generally, employees are workers with
two characteristics: (a) they are compensated for their service to the employer, and (b) the
way in which they carry out their duties is under the employer’s control and direction.
Simply declaring a worker an employee does not make it so. Nor is it necessarily obvious that
some people are employees at all. For example, football players at Northwestern University
sought recognition as a barga.
· 7.4 Assignment Comparing Between-subjects and Within-subjects R.docxgerardkortney
· 7.4 Assignment: Comparing Between-subjects and Within-subjects Research
Design or locate a published study that illustrates application of between and within subjects design. Explain the merits of each and the limitations of each (between and within). Indicate which you believe is more informative of the results.
· Demonstrate understanding of the task and be able to address requirements using creativity and application of research design knowledge.
· Must demonstrate ability to analyze existing research to compare strengths and limitations of between-subjects and within-subjects analysis.
1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
1. Compare and contrast health services organizations within the healthcare system.
1.1 Explain the primary organizational components of the healthcare system and the
commonalities and differences among health services organizations.
Reading Assignment
Chapter 2:
Why and How Health Care Organizations Need to Change, pp. 13-34
Chapter 11:
Leading Change: First Steps in Employing Strategic Intelligence to Get Results, pp. 259-310
Unit Lesson
The Ideal Health System
Imagine you are now the Secretary of Health and Human Services; you have a magic wand and you can
create the perfect healthcare system. What components would it have? Would it include:
1. improving health outcomes for individuals, families and communities,
2. defending your population against threats to their health,
3. protecting your population against financial the consequences of bad health,
4. providing access to all with equality and no disparity, and
5. making it possible for people to make decisions in their own plans of care as well as have input into
the decisions that affect your country’s overall health system?
If you answered yes to these components, your definition matches the World Health Organization’s
Components of a Healthcare System (2010).
How This Course & Content Have Real-Word Application
We are witness to history and are living in one of the most active times in our country’s history for healthcare
reform. In 1966, the Medicare Act was signed into law by President Johnson, the most significant piece of
healthcare legislation in our country to that point. Fast forward from 1966 to 2010 and the passing of the
Affordable Care Act, which arguably is the second most impactful piece of legislation on U.S. health care
since the Medicare Act.
Medicare has grown significantly since 1966 and is now about 14% of our national budget, covering 47 million
Americans (Kaiser Family Foundation, 2015). Government health plans (Medicare, Medicaid, Tri-Care,
Veteran’s Administration) are growing and are on pace to insure more lives in the near future than lives
covered by commercial plans (Cigna, United, Blue Cross, etc.)
Speaking of this growth, Sylvia Burwell, Health & Human Secretary Director, announced that by 2018 the
Centers for Medicar.
Communiqué features articles focusing on the latest hot topics for anesthesiologists, nurse anesthetists, pain management specialists and anesthesia practice administrators.
Communique is created by Anesthesia Business Consultants (ABC), the largest physician billing and practice management company specializing exclusively in the practice of anesthesia and pain management.
ABC serves several thousand anesthesiologists and CRNAs nationwide with anesthesia billing software solutions.
Please send your email address to info [at] anesthesiallc [dot] com if you would like to join the Communique mailing list!
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July 22, 2016 David J. Shulkin, MD Under Secretary f.docxLaticiaGrissomzz
July 22, 2016
David J. Shulkin, MD
Under Secretary for Health
Department of Veterans Affairs
810 Vermont Ave. NW, Room 1068
Washington, DC 20420
Re: RIN 2900–AP44-Advanced Practice Registered Nurses; Proposed Rule (May 25, 2016)
The undersigned physician organizations representing national specialty and state medical societies are
writing to provide comments on the Veterans Health Administration’s (VHA) Advanced Practice
Registered Nurses (APRNs) Proposed Rule which, if finalized, would permit all VHA-employed APRNs to
practice without the clinical supervision of physicians and without regard to state law.
Nurses are an integral part of physician-led health care teams that deliver high quality care to patients.
They are often the first and last person to interact with a patient during an episode of care, and, in the case
of APRNs, they are well equipped to play advanced roles in the health care team. However, APRNs are no
substitute for physicians in diagnosing complex medical conditions, developing treatment plans that take
into account patients’ wishes and limited health care resources, and ensuring that the treatment plan is
followed by all members of the health care team. Nowhere is this more important than in the VHA, which
delivers highly complex medical care to disabled veterans, including those with traumatic brain injuries and
other serious medical and mental health issues. Our nation’s veterans deserve high quality health care that
is overseen by physicians. For the reasons below, the undersigned organizations strongly oppose the
Proposed Rule and urge the VHA to consider policy alternatives that prioritize team-based care
rather than independent nursing practice.
Education and Training Matter
The key difference between medical and nursing education and training is the fact that medical students
spend four years focusing on the entire human body and all of its systems—organ, endocrine, biomedical,
and more—before undertaking three to seven years of residency training to further develop and refine their
ability to safely evaluate, diagnose, treat, and manage a patient’s full range of medical conditions and
needs. And, by gradually allowing residents to practice those skills with greater independence, residency
training prepares physicians for the independent practice of medicine. Combined, medical school and
residency training total more than 10,000 hours of clinical education and training.
In contrast, a nurse generally must complete either a two- or three-year masters or doctoral degree program
to become an APRN. While all baccalaureate nursing programs require a minimum 800 hours of patient
care, advanced nursing degree programs have different patient care hour requirements with no common
minimum standard. It has been estimated, for example, that nurse practitioners’ training includes 500-720
patient care hours, and that nurse anesthetists complet.
These slides were used as part of a talk for Sheffield Health Watch on the idea emerging from NHS England that the future direction of NHS reform will be the creation of Accountable Care Organisations (ACOs)
Cover LetterOne aspect of strategic planning is to develop a str.docxmarilucorr
Cover Letter
One aspect of strategic planning is to develop a strong team of people. Discovering and retaining top talent may lead a company to success. Your goal for this journal assignment is to showcase why you would make a good candidate for an organization. To stand out from other candidates, you will want to write a cover letter for each position in which you apply. Cover letters allow you an opportunity to highlight your skills and competencies for potential employers.
For this assignment, you will develop a cover letter, reflect on your most relevant skills, and assess what action steps you can take to make your cover letter stronger.
To write an impactful cover letter, you should answer the following questions before you begin composing it. Starting with these questions will help provide a clear and concise message for the person reading your cover letter.
Why are you interested in the position? Consider what makes the position, organization, or company interesting to you.
What three skills or competencies do you possess that match the skills the employer is seeking in a candidate?
You can find these skills by viewing the job description. These specific skills are the reason every cover letter should be unique for each job you apply for.
Begin by reviewing the following Forbes’ articles:
Forget Cover Letters – Write A Pain Letter, Instead! (Links to an external site.)
Stop! Don’t Send That Cover Letter (Links to an external site.)
Tips For The Perfect Resume And Cover Letter (Links to an external site.)
Once you have reviewed the articles, identify a position of interest as a potential job opportunity. You may use any job search website. Two popular employment websites are
Indeed (Links to an external site.)
and CareerBuilder. After you identify a position of interest, use the job description to identify three skills or qualifications that match your background. Next, develop a cover letter by creating a three- to four-sentence paragraph highlighting your matching skills.
Carefully review the
Grading Rubric (Links to an external site.)
for the criteria that will be used to evaluate your assignment.
Required Resources
Text
Abraham, S. (2012).
S
trategic management for organizations
. Retrieved from https://content.ashford.edu/
Chapter 1: Strategic Management
Chapter 2: Leadership, Governance, Values, and Culture
Chapter 3: Strategic Thinking
Articles
Collamer, N. (2014, February 4).
The perfect elevator pitch to land a job (Links to an external site.)
.
Forbes
. Retrieved from http://www.forbes.com/sites/nextavenue/2013/02/04/the-perfect-elevator-pitch-to-land-a-job/
This article provides information about how a 30 second summary about being the perfect candidate can help during a job interview and will assist you in your Elevator Speech discussion forum this week.
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)
Ryan, L. (2014, October 12).
Forget cov.
Cover Letter, Resume, and Portfolio Toussaint Casimir.docxmarilucorr
Cover Letter, Resume, and Portfolio
Toussaint Casimir
Walden University
NURS 6660 PMH Nurse Practitioner Role I: Child and Adolescent
February 3, 2019
Personal Philosophy Statement
Patient care is complex system that is delivered by a multidisciplinary team. Its success requires perfect harmony between the all the involving members. It is vital that the care we deliver as healthcare professional is patient – centered. Therefore, it is important to know the population that we are serving, its needs and its cultural background. In the United States more than any other country, healthcare providers should develop their cultural awareness and competence.
The stigma around the mental illness and the quality of treatment that mentally ill individuals receive have inspired me to become a psychiatric mental health nurse practitioner (PMHNP). I have felt the necessity to stand up and do what is right as my contribution to fix this urgent issue. In our society, physical or medical diseases provoke empathy, but we demonstrate disdain for people impacted by mental conditions. Like we always say, “See it and fix it”. So, passivity is as wrong as the wrong doing.
As a psychiatric mental health nurse practitioner, I will have the opportunity to care for a multicultural population with different conceptions or point of view about mental health. It is my role and responsibility to understand the cultural differences and provide support to those in need. I have learned that in the healthcare system, we should not be judgmental. My personal philosophy is to treat each and every patient as I would like to be treated. It is a moral obligation to use my knowledge to serve and educate individuals in my community. As a healthcare professional, I believe that I have the capability to change to way mentally ill individuals are viewed and treated. Through my philosophy, I will be able to advocate for holistic and empathic care for individuals with mental health conditions.
Self – Assessment
I have decided to transition from registered nurse (RN) to psychiatric mental health nurse practitioner (PMHNP) to better serve my community. So, I have always said and believe that the more someone has the he/she can give. When I decided to go back to school to pursue my goal, I said to myself “I have to choose one of the best schools”. Finally, I have chosen Walden University that I believe meet my expectations. For my Practicum, I have chosen the Compass Health System which has been established in the South Florida since 1990, and it is well respected in the community. They offer their services through their offices and most of the hospital with mental health crisis. They are one the major teaching facilities in mental health in the South Florida.
I have selected preceptors who have been working with Compass Health System for several years. So, they acquired a very solid experience in the field. I have taken great advantage of their experience to strengthen my assessment s.
Cover
Executive Summary (mention organization, key ‘out-takes’ from main sections in the Proposal)
TableofContents
1. Introduction
2. The Research Issue & The Context
3. Justification for Conducting Research (why the research is important, what benefits does it bring about for the organization)
4. Description of the Research Problem/Opportunity (define why there is an ‘information gap’, put the Research Problem/Opportunity in a 1-2 line statement)
5. Research Questions Emerging from the Problem/Opportunity (if there are sub-dimensions to the Research Problem/Opportunity statement, design Research Questions (basically broad research themes/topic areas around them. Suggest 2-3 Research Questions. Max of 4
6. Information Needs under Each Research Question (for each Research Question, make a listing of the types of information likely to be needed. Suggest 4-5 for each of the Research Questions
7. Appropriate Research Approach (exploratory, descriptive, correlation, causal) then decide primary or secondary research, then decide (if primary) whether qualitative or quantitative
8. Data Collection Design Overview (if qualitative – focus groups or in-depth interviews, if quantitative – surveys, or experiments, then consider if any role for observation)
9. Proposed Data Collection Methodology (if focus groups, in-depth interviews, surveys, experiments, observations, detail the approach to be taken e.g. for focus groups or in-depth interviews – central location or elsewhere, unstructured or semi-structured, for surveys – interviewer or self-completion, where, any technology used, for experiments – in labs or ‘in the field’, for observations – disguised or undisguised)
10. Proposed Sampling Design (if probability or non-probability, if probability which particular sub-type e.g. simple random probability, if non-probability which particular sub-type e.g. convenience, then consider sample size, and justify reason for chosen size)
11. Proposed Data Analysis Methodology (if focus groups, or in-depth interviews – human content or software based analysis, if surveys or experiments – univariate, bivariate or multivariate analysis, reasons for choice of analysis method
12. Ethical Issues (identify any ethical issues associated, with information collection, sample design, data analysis - think anonymity, confidentiality, privacy, embarrassing questions etc., solutions to overcome them)
Reference List (does not need to be an extensive list, major use of the textbook chapter(s) can be made, possibly information from the ‘client’ organization)
Appendices (only if needed)
Cover
Executiv
e Summary (mention organization, key ‘out
-
takes’ from main sections in the Proposal)
Table
of
Contents
1.
Introductio
n
2.
The Research Issue & The Contex
t
3.
Justification for Conducting Research (why the research is important, what benefits does it
bring about for the organization
)
4.
Description of the Research Problem/Opportunity (define why there is an .
couse name Enterprise risk management From your research, dis.docxmarilucorr
couse name : Enterprise risk management
From your research, discuss whether or not your organization has ISO 27001 certification. Outside of overall protection from cyber-attacks, describe, in detail, some other benefits your organization will achieve in obtaining this certification. If your company does not have this certification, how can they go about obtaining it?
.
Courts have reasoned that hospitals have a duty to reserve their b.docxmarilucorr
Courts have reasoned that hospitals have a duty to reserve their beds and facilities for patients who genuinely need them.” (Showalter) Who do you feel this ‘duty’ is owed to? (Current patients? Future patients? Staff? Shareholders? Community? Others?)
Requirements: 250 words minimum APA Style
.
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NURS 6050C: Policy and Advocacy for Improving Population Health
Main Question Post. The Patient Protection and Affordable Care Act of 2010 created several positive healthcare policies such as affordable health care, lifting the preexisting health condition clause from health insurance, requiring facilities to make healthcare charges public knowledge, and enforcing healthcare providers to become active in improving quality and health outcomes for patients (Library of Congress, n.d.). The act addressed a combination of the health care drivers of cost, quality, and access. According to a report released by the White House Press Secretary on April 17, 2014, “The Affordable Care Act is working. It is giving millions of middle class Americans the health care security they deserve, it is slowing the growth of health care costs and it has brought transparency and competition to the Health Insurance Marketplace.” (The White House, 2014). However, the price some healthcare providers had to pay a heavy financial - forcing some providers out of business. The negative side of the act is seldom portrayed in the news and media.
Section 3131(a) of the act required payment for home health services to be rebased over a period of four years (Centers for Medicare & Medicaid Services, 2013); resultant in a 2.8% reduction beginning in 2014 for four consecutive years totaling a reduction in payment of 11.6%. The reductions were placed along with mandates for quality reporting, new forms, and new processes resulting in increased administrative overhead costs while shouldering the burden of financial reductions.
Initiating a Change in Policy Process
Living in a rural community, I witness firsthand the lack of access to care as there are limited numbers of primary care providers. Couple the limited access to providers with the amount of paperwork and forms that must be signed by a physician and patients are not referred to home health services as often as one should be – the result is the patient presenting to the emergency room or a hospitalization to have one’s health care needs met. Currently, Medicare and Medicaid do not allow physician assistants or advanced practice registered nurses (APRNs) to sign the necessary orders and plan of care for home health services – only a “doctor of medicine, osteopathy, or podiatric medicine” may sign for services (Government Publishing Office, 2014, p. 693). I would like to use the knowledge gained as an APRN to legislate for this mandate to be changed and allow both physician assistants and APRNs to sign for coverage of home health services.
The Kingdon Model would be utilized for the legislation process by finding the three streams of problem, policy, and politics to coordinate with the above-mentioned issue (Milstead, 2019, p. 24). The problem would consist of the burdensome amount of paperwork imposed upon.
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714Representation Elections Under the National Labor Rel.docxalinainglis
71
4Representation Elections Under the National Labor
Relations Act
Robert Churchill/iStock/Thinkstock
Learning Objectives
After completing this chapter, you should be able to:
• Evaluate the steps of union formation under the National Labor Relations Act.
• Analyze employers’ use of unfair labor practices such as coercion, interrogation, and surveillance.
• Assess employers’ use of unfair labor practices such as regulating solicitation, relocating the workplace, and
holding captive audience meetings.
• Examine union activities that may invalidate union representation elections, the process by which the work-
force votes for or against union representation in the workplace.
• Summarize the ways in which labor relations consultants may assist employers in the union representation
election process to determine if workers wish to be represented by a union.
sea81813_04_c04_071-096.indd 71 12/9/14 11:22 AM
Section 4.1 How Unions Are Formed Under the NLRA
Introduction
This chapter and the next offer a detailed explanation of the National Labor Relations Act
(NLRA), the federal law initially enacted in 1935 that first granted workers the right to form
a labor union. We will examine how to form a union and achieve recognition pursuant to the
act. Then we will study how employers sometimes violate the act and examine ways employ-
ers can stay within the parameters of the law.
Much of this chapter will refer to elections under the NLRA. Elections refer to the process in
which workers vote at their workplace to determine whether they wish to be represented
by a union; other ways to refer to this process include representation elections or the elec-
tion process.
4.1 How Unions Are Formed Under the NLRA
This section discusses how a labor union is formed in a private business under the National
Labor Relations Act. We will begin by covering who is qualified to start the unionization pro-
cess and then examine how the petition is actually filed with the National Labor Relations
Board (NLRB), the administrative agency entrusted with overseeing representation elections
and resolving labor disputes under the act. Defining who is an employee is an important first
step to determining which workers are eligible to vote for union representation.
Defining Employees
The first step in forming a union is to identify which members of the working unit qualify to
participate in the representation election. Union formation is limited to particular employ-
ees, which begs the question: Who is an employee? Generally, employees are workers with
two characteristics: (a) they are compensated for their service to the employer, and (b) the
way in which they carry out their duties is under the employer’s control and direction.
Simply declaring a worker an employee does not make it so. Nor is it necessarily obvious that
some people are employees at all. For example, football players at Northwestern University
sought recognition as a barga.
· 7.4 Assignment Comparing Between-subjects and Within-subjects R.docxgerardkortney
· 7.4 Assignment: Comparing Between-subjects and Within-subjects Research
Design or locate a published study that illustrates application of between and within subjects design. Explain the merits of each and the limitations of each (between and within). Indicate which you believe is more informative of the results.
· Demonstrate understanding of the task and be able to address requirements using creativity and application of research design knowledge.
· Must demonstrate ability to analyze existing research to compare strengths and limitations of between-subjects and within-subjects analysis.
1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
1. Compare and contrast health services organizations within the healthcare system.
1.1 Explain the primary organizational components of the healthcare system and the
commonalities and differences among health services organizations.
Reading Assignment
Chapter 2:
Why and How Health Care Organizations Need to Change, pp. 13-34
Chapter 11:
Leading Change: First Steps in Employing Strategic Intelligence to Get Results, pp. 259-310
Unit Lesson
The Ideal Health System
Imagine you are now the Secretary of Health and Human Services; you have a magic wand and you can
create the perfect healthcare system. What components would it have? Would it include:
1. improving health outcomes for individuals, families and communities,
2. defending your population against threats to their health,
3. protecting your population against financial the consequences of bad health,
4. providing access to all with equality and no disparity, and
5. making it possible for people to make decisions in their own plans of care as well as have input into
the decisions that affect your country’s overall health system?
If you answered yes to these components, your definition matches the World Health Organization’s
Components of a Healthcare System (2010).
How This Course & Content Have Real-Word Application
We are witness to history and are living in one of the most active times in our country’s history for healthcare
reform. In 1966, the Medicare Act was signed into law by President Johnson, the most significant piece of
healthcare legislation in our country to that point. Fast forward from 1966 to 2010 and the passing of the
Affordable Care Act, which arguably is the second most impactful piece of legislation on U.S. health care
since the Medicare Act.
Medicare has grown significantly since 1966 and is now about 14% of our national budget, covering 47 million
Americans (Kaiser Family Foundation, 2015). Government health plans (Medicare, Medicaid, Tri-Care,
Veteran’s Administration) are growing and are on pace to insure more lives in the near future than lives
covered by commercial plans (Cigna, United, Blue Cross, etc.)
Speaking of this growth, Sylvia Burwell, Health & Human Secretary Director, announced that by 2018 the
Centers for Medicar.
Communiqué features articles focusing on the latest hot topics for anesthesiologists, nurse anesthetists, pain management specialists and anesthesia practice administrators.
Communique is created by Anesthesia Business Consultants (ABC), the largest physician billing and practice management company specializing exclusively in the practice of anesthesia and pain management.
ABC serves several thousand anesthesiologists and CRNAs nationwide with anesthesia billing software solutions.
Please send your email address to info [at] anesthesiallc [dot] com if you would like to join the Communique mailing list!
Visit www.anesthesiallc.com for more information!
July 22, 2016 David J. Shulkin, MD Under Secretary f.docxLaticiaGrissomzz
July 22, 2016
David J. Shulkin, MD
Under Secretary for Health
Department of Veterans Affairs
810 Vermont Ave. NW, Room 1068
Washington, DC 20420
Re: RIN 2900–AP44-Advanced Practice Registered Nurses; Proposed Rule (May 25, 2016)
The undersigned physician organizations representing national specialty and state medical societies are
writing to provide comments on the Veterans Health Administration’s (VHA) Advanced Practice
Registered Nurses (APRNs) Proposed Rule which, if finalized, would permit all VHA-employed APRNs to
practice without the clinical supervision of physicians and without regard to state law.
Nurses are an integral part of physician-led health care teams that deliver high quality care to patients.
They are often the first and last person to interact with a patient during an episode of care, and, in the case
of APRNs, they are well equipped to play advanced roles in the health care team. However, APRNs are no
substitute for physicians in diagnosing complex medical conditions, developing treatment plans that take
into account patients’ wishes and limited health care resources, and ensuring that the treatment plan is
followed by all members of the health care team. Nowhere is this more important than in the VHA, which
delivers highly complex medical care to disabled veterans, including those with traumatic brain injuries and
other serious medical and mental health issues. Our nation’s veterans deserve high quality health care that
is overseen by physicians. For the reasons below, the undersigned organizations strongly oppose the
Proposed Rule and urge the VHA to consider policy alternatives that prioritize team-based care
rather than independent nursing practice.
Education and Training Matter
The key difference between medical and nursing education and training is the fact that medical students
spend four years focusing on the entire human body and all of its systems—organ, endocrine, biomedical,
and more—before undertaking three to seven years of residency training to further develop and refine their
ability to safely evaluate, diagnose, treat, and manage a patient’s full range of medical conditions and
needs. And, by gradually allowing residents to practice those skills with greater independence, residency
training prepares physicians for the independent practice of medicine. Combined, medical school and
residency training total more than 10,000 hours of clinical education and training.
In contrast, a nurse generally must complete either a two- or three-year masters or doctoral degree program
to become an APRN. While all baccalaureate nursing programs require a minimum 800 hours of patient
care, advanced nursing degree programs have different patient care hour requirements with no common
minimum standard. It has been estimated, for example, that nurse practitioners’ training includes 500-720
patient care hours, and that nurse anesthetists complet.
These slides were used as part of a talk for Sheffield Health Watch on the idea emerging from NHS England that the future direction of NHS reform will be the creation of Accountable Care Organisations (ACOs)
Cover LetterOne aspect of strategic planning is to develop a str.docxmarilucorr
Cover Letter
One aspect of strategic planning is to develop a strong team of people. Discovering and retaining top talent may lead a company to success. Your goal for this journal assignment is to showcase why you would make a good candidate for an organization. To stand out from other candidates, you will want to write a cover letter for each position in which you apply. Cover letters allow you an opportunity to highlight your skills and competencies for potential employers.
For this assignment, you will develop a cover letter, reflect on your most relevant skills, and assess what action steps you can take to make your cover letter stronger.
To write an impactful cover letter, you should answer the following questions before you begin composing it. Starting with these questions will help provide a clear and concise message for the person reading your cover letter.
Why are you interested in the position? Consider what makes the position, organization, or company interesting to you.
What three skills or competencies do you possess that match the skills the employer is seeking in a candidate?
You can find these skills by viewing the job description. These specific skills are the reason every cover letter should be unique for each job you apply for.
Begin by reviewing the following Forbes’ articles:
Forget Cover Letters – Write A Pain Letter, Instead! (Links to an external site.)
Stop! Don’t Send That Cover Letter (Links to an external site.)
Tips For The Perfect Resume And Cover Letter (Links to an external site.)
Once you have reviewed the articles, identify a position of interest as a potential job opportunity. You may use any job search website. Two popular employment websites are
Indeed (Links to an external site.)
and CareerBuilder. After you identify a position of interest, use the job description to identify three skills or qualifications that match your background. Next, develop a cover letter by creating a three- to four-sentence paragraph highlighting your matching skills.
Carefully review the
Grading Rubric (Links to an external site.)
for the criteria that will be used to evaluate your assignment.
Required Resources
Text
Abraham, S. (2012).
S
trategic management for organizations
. Retrieved from https://content.ashford.edu/
Chapter 1: Strategic Management
Chapter 2: Leadership, Governance, Values, and Culture
Chapter 3: Strategic Thinking
Articles
Collamer, N. (2014, February 4).
The perfect elevator pitch to land a job (Links to an external site.)
.
Forbes
. Retrieved from http://www.forbes.com/sites/nextavenue/2013/02/04/the-perfect-elevator-pitch-to-land-a-job/
This article provides information about how a 30 second summary about being the perfect candidate can help during a job interview and will assist you in your Elevator Speech discussion forum this week.
Accessibility Statement does not exist.
Privacy Policy (Links to an external site.)
Ryan, L. (2014, October 12).
Forget cov.
Cover Letter, Resume, and Portfolio Toussaint Casimir.docxmarilucorr
Cover Letter, Resume, and Portfolio
Toussaint Casimir
Walden University
NURS 6660 PMH Nurse Practitioner Role I: Child and Adolescent
February 3, 2019
Personal Philosophy Statement
Patient care is complex system that is delivered by a multidisciplinary team. Its success requires perfect harmony between the all the involving members. It is vital that the care we deliver as healthcare professional is patient – centered. Therefore, it is important to know the population that we are serving, its needs and its cultural background. In the United States more than any other country, healthcare providers should develop their cultural awareness and competence.
The stigma around the mental illness and the quality of treatment that mentally ill individuals receive have inspired me to become a psychiatric mental health nurse practitioner (PMHNP). I have felt the necessity to stand up and do what is right as my contribution to fix this urgent issue. In our society, physical or medical diseases provoke empathy, but we demonstrate disdain for people impacted by mental conditions. Like we always say, “See it and fix it”. So, passivity is as wrong as the wrong doing.
As a psychiatric mental health nurse practitioner, I will have the opportunity to care for a multicultural population with different conceptions or point of view about mental health. It is my role and responsibility to understand the cultural differences and provide support to those in need. I have learned that in the healthcare system, we should not be judgmental. My personal philosophy is to treat each and every patient as I would like to be treated. It is a moral obligation to use my knowledge to serve and educate individuals in my community. As a healthcare professional, I believe that I have the capability to change to way mentally ill individuals are viewed and treated. Through my philosophy, I will be able to advocate for holistic and empathic care for individuals with mental health conditions.
Self – Assessment
I have decided to transition from registered nurse (RN) to psychiatric mental health nurse practitioner (PMHNP) to better serve my community. So, I have always said and believe that the more someone has the he/she can give. When I decided to go back to school to pursue my goal, I said to myself “I have to choose one of the best schools”. Finally, I have chosen Walden University that I believe meet my expectations. For my Practicum, I have chosen the Compass Health System which has been established in the South Florida since 1990, and it is well respected in the community. They offer their services through their offices and most of the hospital with mental health crisis. They are one the major teaching facilities in mental health in the South Florida.
I have selected preceptors who have been working with Compass Health System for several years. So, they acquired a very solid experience in the field. I have taken great advantage of their experience to strengthen my assessment s.
Cover
Executive Summary (mention organization, key ‘out-takes’ from main sections in the Proposal)
TableofContents
1. Introduction
2. The Research Issue & The Context
3. Justification for Conducting Research (why the research is important, what benefits does it bring about for the organization)
4. Description of the Research Problem/Opportunity (define why there is an ‘information gap’, put the Research Problem/Opportunity in a 1-2 line statement)
5. Research Questions Emerging from the Problem/Opportunity (if there are sub-dimensions to the Research Problem/Opportunity statement, design Research Questions (basically broad research themes/topic areas around them. Suggest 2-3 Research Questions. Max of 4
6. Information Needs under Each Research Question (for each Research Question, make a listing of the types of information likely to be needed. Suggest 4-5 for each of the Research Questions
7. Appropriate Research Approach (exploratory, descriptive, correlation, causal) then decide primary or secondary research, then decide (if primary) whether qualitative or quantitative
8. Data Collection Design Overview (if qualitative – focus groups or in-depth interviews, if quantitative – surveys, or experiments, then consider if any role for observation)
9. Proposed Data Collection Methodology (if focus groups, in-depth interviews, surveys, experiments, observations, detail the approach to be taken e.g. for focus groups or in-depth interviews – central location or elsewhere, unstructured or semi-structured, for surveys – interviewer or self-completion, where, any technology used, for experiments – in labs or ‘in the field’, for observations – disguised or undisguised)
10. Proposed Sampling Design (if probability or non-probability, if probability which particular sub-type e.g. simple random probability, if non-probability which particular sub-type e.g. convenience, then consider sample size, and justify reason for chosen size)
11. Proposed Data Analysis Methodology (if focus groups, or in-depth interviews – human content or software based analysis, if surveys or experiments – univariate, bivariate or multivariate analysis, reasons for choice of analysis method
12. Ethical Issues (identify any ethical issues associated, with information collection, sample design, data analysis - think anonymity, confidentiality, privacy, embarrassing questions etc., solutions to overcome them)
Reference List (does not need to be an extensive list, major use of the textbook chapter(s) can be made, possibly information from the ‘client’ organization)
Appendices (only if needed)
Cover
Executiv
e Summary (mention organization, key ‘out
-
takes’ from main sections in the Proposal)
Table
of
Contents
1.
Introductio
n
2.
The Research Issue & The Contex
t
3.
Justification for Conducting Research (why the research is important, what benefits does it
bring about for the organization
)
4.
Description of the Research Problem/Opportunity (define why there is an .
couse name Enterprise risk management From your research, dis.docxmarilucorr
couse name : Enterprise risk management
From your research, discuss whether or not your organization has ISO 27001 certification. Outside of overall protection from cyber-attacks, describe, in detail, some other benefits your organization will achieve in obtaining this certification. If your company does not have this certification, how can they go about obtaining it?
.
Courts have reasoned that hospitals have a duty to reserve their b.docxmarilucorr
Courts have reasoned that hospitals have a duty to reserve their beds and facilities for patients who genuinely need them.” (Showalter) Who do you feel this ‘duty’ is owed to? (Current patients? Future patients? Staff? Shareholders? Community? Others?)
Requirements: 250 words minimum APA Style
.
Court Operations and Sentencing GuidelinesPeriodically, se.docxmarilucorr
Court Operations and Sentencing Guidelines
Periodically, sentencing guidelines will be changed at both the federal and state court levels. When this occurs impacted courts must realign their operations to accommodate the changes that have occurred. Sentencing guidelines alterations can alter court operations along a wide range from simply updating sentencing documents all the way to complex changes in overall court operations (e.g., method for handling sentencing hearings).
In your initial response,
A) Evaluate how sentencing guideline changes can impact the administration of court operations.
B) As part of your response discuss steps that court personnel must take to realign court operations to accommodate new sentencing guidelines when the changes have a major impact on the way offenders are sentenced.
Assignment Instructions:
1) Based on research, and
2) Using professional, scholarly sources, and
3) Submitted in APA 6th ed style, and
4) A minimum of 450 words, excluding the references list.
.
Course Competencies/ Learning Objectives
Course Learning Objectives
Assessment Method
Recognize the activities involved in securing the operations of an enterprise and identify the technologies used to maintain network and resource availability.
Labs, case project, and exams
Identify the effects of various hardware and software violations on the system, and recognize how different types of operational and life-cycle assurance are used to secure operations.
Labs, case project, and exams
Determine the effects of different attacks on the network and identify the consequences of those effects.
Labs, case project, and exams
Recognize how different auditing and monitoring techniques are used to identify and protect against system and network attacks.
Labs, case project, and exams
Recognize the need for resource protection, distinguish between e- mail protocols, and identify different types of e-mail vulnerability.
Labs, case project, and exams
Identify basic mechanisms and security issues associated with the Web, and recognize different technologies for transferring and sharing files over the Internet.
Labs, case project, and exams
Recognize key reconnaissance attack methods and identify different types of administrative management and media storage control.
Labs, case project, and exams
Identify the appropriate security measures and controls for creating a more secure workspace.
Labs, case project, and exams
.
Coursework 2 – Presentation Report The aim of this 1000-word r.docxmarilucorr
Coursework 2 – Presentation Report:
The aim of this 1000-word report is to develop ideas discussed and questions asked during the delivery of the presentation. This will allow the development of analytical and critical investigative skills, along with skills of communication and presentation. This can be written in the style of a mini essay, in which you can further elaborate on concepts raised in the presentation, and also offer references to the relevant resources used.
they idea is not to repeat what I wrote but more on to think more about questions raised and explore them and other questions.
Harvard referencing and bibliography.
I have uploaded the presentation and the rubric below as well as the reading list for this topic from my course(more readings in the power point presentation reference list).
.
COURSE InfoTech in a Global Economy Do you feel that countri.docxmarilucorr
COURSE: InfoTech in a Global Economy
Do you feel that countries and companies need explicit strategies for technology development, given the tremendous amount of largely spontaneous creativity that occurs today, often in areas where new technologies are not expected to exert a great influence. Why or why not?
please cite properly in APA
At least one scholarly source should be used in the initial discussion thread.
.
Course Themes Guide The English 112 course will focus o.docxmarilucorr
Course Themes Guide
The English 112 course will focus on a central theme that runs throughout the course. Students
will choose a theme, and then use this theme when completing assignments under modules 2-4.
Course Themes:
o Addiction
o Aging, death, and dying
o Body image/eating disorders
o Coming of Age
o Heterosexual gender roles: equality and civil rights
o Lesbian, gay, bisexual, and transgender roles: equality and civil rights
o Mental illness: schizophrenia, OCD, bipolar disorder
o Physical disability, impairment, and disfigurement
o Psychosis and violence
o War and Post Traumatic Stress Disorder (PTSD)
Module Two: Course Theme Literary Analysis
In Module Two, students will work on a literary analysis. To complete the analysis, course theme
will have to be paired with a fictional work (such as a fictional short story, poem, play, or film).
Below are some suggested fictional works listed under their corresponding course themes.
Author names are provided parenthetically. Most of the suggested stories/poems/plays can be
found through a quick web search. If a story is unavailable, inform the instructor so he or she
may assist you.
Addiction:
“Babylon Revisited” (F. Scott Fitzgerald)
“Sonny’s Blues” (James Baldwin)
Aging, death, and dying
“Thanatopsis” (William Cullen Bryant)
“Midterm Break” (Seamus Heaney);
“Death Be Not Proud” (John Donne)
Time Flies (David Ives)
Body image/eating disorders
“Barbie Doll” (Marge Piercy)
Wasted (Marya Hornbacher)
Coming of Age
“A&P” (John Updike)
“How Far She Went” (Mary Hood)
“Where Are You Going, Where Have You Been?” (Joyce Carol Oates)
Heterosexual gender roles: equality and civil rights
“A Work of Artifice” (Marge Piercy)
“The Curse” (Andre Dubus)
“Yellow Wallpaper” (Charlotte Perkins Gilman)
Trifles (Susan Glaspell)
Lesbian, gay, bisexual, and transgender roles: equality and civil rights
“Life After High School” (Joyce Carol Oates)
“Paul’s Case” (Willa Cather)
A Streetcar Named Desire (Tennessee Williams)
Mental illness: schizophrenia, OCD, bipolar disorder
“A Rose for Emily” (William Faulkner)
“The Tale-Tell Heart” (Edgar Allan Poe)
“Bartleby” (Herman Melville)
Physical disability, impairment, and disfigurement
“Everyday Use” (Alice Walker)
“Good Country People” (Flannery O’Connor)
“The Birthmark” (Nathaniel Hawthorne)
Psychosis and violence
“A Good Man Is Hard to Find” (Flannery O’Connor)
“The Curse” (Andre Dubus)
“The Cask of Amontillado” (Edgar Allan Poe)
“Hunters in the Snow” (Tobias Wolff)
War and Post Traumatic Stress Disorder (PTSD)
The Red Badge of Courage (Stephen Crane)
“Soldiers Home” (Ernest Hemingway)
“The Things They Carried” (Tim O’Brien)
“The Thing in the Forest” (A.S. Byatt)
Modules Three and Four: Course Theme Research
In Modules Three and Four, you will research your course themes in the social and natural
sciences. Keywords will.
Course SyllabusPrerequisitesThere are no prerequisites for PHI20.docxmarilucorr
Course Syllabus
Prerequisites
There are no prerequisites for PHI208.
Course Description
This course explores key philosophical concepts from an ethical perspective. Students will analyze selected assertions of knowledge and the methods of reasoning humans use to justify these claims. Through research into theories of science and religion, as well as the theoretical and empirical challenges these institutions of thought face, students will also investigate how the mind constructs and understands reality. This will provide a foundation for an exploration into questions of morality, in which students will look at traditional and contemporary ethical theories, and apply these theories to contemporary moral issues.
Course Design
In this course, students will be introduced to various ethical theories and practical ethical issues. 1) Students will examine and engage dominant theories of ethics, as well as relativism, and how the relativist position argues against universal ethical principles. Students will utilize what they learn about those ethical theories to examine a contemporary ethical issue and reflect on their own ideas about relativism. 2) Students will examine consequentialist ethical theory and responses to the consequentialist position. 3) Students will examine deontological ethical theory. 4) Students will examine virtue ethics. 5) Students will examine feminist ethics and how feminist ethics relate and attempt to break free from the previous ethical positions. While students are learning about the various ethical theories they will also examine articles that utilize the theories to make arguments in relation to contemporary moral problems. Students will ultimately be asked to choose a contemporary moral problem and apply the ethical theories to the moral problem, while also explaining which theory they find to provide the strongest position.
Course Learning Outcomes
Upon successful completion of this course, students will be able to:
Define the nature and scope of morality and ethics.
Differentiate among traditional ethical theories.
Interpret philosophical thought through critical thinking.
Apply the concepts of ethical and moral reasoning to contemporary issues.
Determine one’s own ethical perspectives through personal reflection.
Course Map
The course map illustrates the careful design of the course through which each learning objective is supported by one or more specific learning activities in order to create integrity and pedagogical depth in the learning experience.
LEARNING OUTCOME
WEEK
ASSIGNMENT
Define the nature and scope of morality and ethics.
1
1
1
2
2
3
4
4
5
5
Week One Discussion
Week One Readings Quiz
Week One Media Quiz
Week Two Readings Quiz
Week Two Media Quiz
Week Three Readings Quiz
Week Four Readings Quiz
Week Four Media Quiz
Week Five Readings Quiz
Final Exam
Differentiate among traditional ethical theories.
1
2
2
3
3
4
4
5
5
5
5
Week One Readings Quiz
Week Two Readings Quiz
Week Two Media Quiz
Week Three .
COURSE SYLLABUSData Analysis and Reporting Spring 2019.docxmarilucorr
COURSE SYLLABUS
Data Analysis and Reporting
Spring 2019
I. Class
· Course Description: Students will gain practical experience in using advanceddatabase techniques and data visualization, data warehousing, reporting and other Business Intelligence (BI) tools. Contemporary BI tools and technologies will be used to create intelligent solutions to realistic problems.
· Course Objectives:
1. Effectively understand the evolution of business analytics needs and to develop an appreciation for issues in managing data/information/knowledge.
2. Apply in advanced database techniques in designing and executing complex queries in enterprise level database management information systems (Oracle,
SQL server, DB2 …).
3. Understand data warehousing administration and security issues.
4. Apply data extraction, transformation, and load (ETL) processes.
5. Administer and build reports
BI. Required Course Materials
· Free eBooks and other software resources will be posted on Blackboard.
· We use the Microsoft SQL Server 2017 in this class through a virtual machine that you can access from home or from campus.
· The on-campus computer lab in the business building located off the Atrium is available for student use and has the necessary computers and software. Computer lab hours can be found at: http://ualr.edu/cob/student-services/advising/advising-faq/
· Some of the assignments will require Microsoft Office software (e.g., MS Word, Excel, etc.). One way to get access to the MS Office software is get a free subscription to MS Office 365 ProPlus. Get the MS Office software here for free..
2
IV.
Course Grading
Course grading will be the combination of exams, term project, assignments, and quizzes. Grades are based on: A: 90~ 100%, B: 80~ 89%, C: 70~ 79%, D: 60~ 69%, F: 59 as described below. Graduate students will be evaluated using the same criteria as the undergraduate students. However, they will have to submit an additional assignments and/or extra project.
Grade Element
%
A.
Participation
10%
B.
Reading Quizzes
20%
C.
Assignments
30%
D.
Assignment Quizzes
10%
E.
Exams (three)
30%
Total
100%
A. Participation
You will be responsible for various in-class activities that will allow you to exercise your skills and knowledge, stimulate your critical thinking, and perform your assignments. You are expected to attend all the sessions, come to the class before it starts, stay in class for lectures and assignments, and participate with all class activities. Failure in any of these four areas will impact your participation grade.
Class attendance, measured as a percentage of classes attended where role is called, sets the baseline for the participation grade (e.g., 80% means you attended 8 out of 10 classes and did not leave those classes early). Additional points may be removed for non-participation in classroom activities or discussions.
· Class attendances will be verified at the beginning of each class. Students will be count.
COURSE SYLLABUS ADDENDUM INTEGRATED CASE ANALYSIS CRITERIA.docxmarilucorr
COURSE SYLLABUS ADDENDUM
INTEGRATED CASE ANALYSIS CRITERIA
Management 350: Administrative Communications
Instructor: Anna Phillips
An individual integrative case analysis, which applies pertinent course concepts and theories to illustrate actual organizational issues, will be due on date of presentation.
One (1) page, typed, double-spaced DRAFT of Integrative Case Analysis
Identify the organization (manufacturing, service, government, import/export, etc)
Identify human relations theory, communication issues, intercultural relationships, and ethics as they relate to your organization.
Explain your role in the organization, if any.
The research report will determine 40 points towards the final grade for the course.
The written integrative case analysis should be:
typed, double-spaced, a minimum of ten (10) pages and a maximum of fifteen (15) pages.
use MLA format.
Do Not use Wikipedia as a resource.
Presentation paper will be accompanied by a 10- minute oral presentation on a business topic to be agreed upon with instructor.
1 page, typed, double-spaced DRAFT of Integrative Case Analysis (see schedule)
Remember to use the RULE of 3. Three (3) theories or concepts and three (3) examples of each theory or concept in the analysis of the case. Clearly you cannot address all of the theories or concepts identified in the text – suggest selecting 3 theories or concepts which relate to your case and then provide 3 examples of how the theory or concept applies to the case
Individual 10 minute oral PowerPoint presentation.
Written and oral report will determine 40% of a student’s final grade for the course. (see individual presentation rating sheet)
Overview of paper
Cover Page
Table of Contents
EXECUTIVE SUMMARY
Introduction
Human Relations Theory
Communication issues
Intercultural
Ethics
Conclusion
Works Cited
Written Analysis will include all of the information on the Rating sheet. The structure of the written assignment is as follows:
Cover Page … with the name of your topic, a list of the students presenting the topic, the date and the course name
The Table of Contents which is a listing of the topics the written paper will cover
The Executive Summary outlines the observations of the organization. The Executive Summary is the first section of the paper however it is the last section to be written.
The reason for writing this section last is that you need to have written the entire document so that you are able to identify the key ideas the reader expects in the paper.
REMEMBER the Executive Summary is for the EXECUTIVE. This means it needs to attract the Executive to either read the rest of the document or, more likely, refer the document to the appropriate staff person to read e.g. marketing, production, legal, etc.
This section can be as long as 1 pages and is clearly longer than a paragraph.
The Body of the written analysis will feature those theories or concepts attached to the case (see the.
Course SuccessHabits Matter1. Professors are influenced by you.docxmarilucorr
Course Success
Habits Matter
1. Professors are influenced by your behaviors (texting, excessively late/absent, etc.) which could impact your grade.
2. Do your best with every assignment by asking questions and making corrections because details matter!
3. Do work early, procrastination will usually result in poor work quality or failure to submit assignments.
4. Participation helps collective classroom learning and increases the chance of receiving a favorable letter of recommendations.
Communicating Via Email
1. Start off by indicating your course name/section, day and time.
2. Subject: Intro. Criminal Justice 111-02 (Tues. 6pm.) Class Absence
3. Always type in your “main reason” for the email.
4. It should be an “attention getter” such as a newspaper heading.
5. Proof read your e-mail! Download and use Ginger application on phone
6. Always end email with your full name and student ID #
Writing Format
1. Use Times New Roman 12 point Font.
2. Keep margins at 1 inch
3. Click “No Spacing” at the top of your Microsoft Word document
4. “Single space” discussion boards and “double space” reports, midterm and final papers.
5. Subtitles should be bold and flush left/upper and lower case(center for research papers and don’t bold).
6. Indent (TAB .5) at the beginning of every paragraph.
7. Write short, clear and concise sentences (Do not type I think, I belive, I feel, etc. just state your point).
8. A paragraph is a minimum of 5 sentences. You must have additional paragraphs for sections having more than 12 sentences.
Subtitles
Use subtitles in every essay! This ensures that both you and the reader will remain focused on the topic in each section (see your college textbook). When a professor is reading an average of one hundred papers, one right after another, it can become confusing attempting to figure out what your specific paper is about.
Your subtitles should be like newspaper headings, short and grabs the readers attention. You should consider using subtitles for sections having more thanfour paragraphs. The ‘References’ subtitle (which is always last) should be centered. Look at the effectiveness of subtitles from Dr. King’s Autobiography.
Early Years
Born as Michael King Jr. on January 15, 1929, Martin Luther King Jr. was the middle child of Michael King Sr. and Alberta Williams King. The King and Williams families were rooted in rural Georgia. Martin Jr.'s grandfather, A.D. Williams, was a rural minister for years and then moved to Atlanta in 1893. He took over the small, struggling Ebenezer Baptist church with around 13 members and made it into a forceful congregation. He married Jennie Celeste Parks and they had one child that survived, Alberta. Michael King Sr. came from a sharecropper family in a poor farming community. He married Alberta in 1926 after an eight-year courtship. The newlyweds moved to A.D. Williams home in Atlanta.
Michael King Sr. stepped in as pastor of Ebenezer Baptist Church upon the death of h.
Course ScenarioYou have been hired as the Human Resources Di.docxmarilucorr
Course Scenario
You have been hired as the Human Resources Director for a global organization that is headquartered in the United States. Your job is to evaluate and make recommendations in the area of diversity for your company. Each section will contain specific areas within diversity for you to focus on. You will be tasked with choosing from one of the diversity areas that are provided to you. Be sure to conduct research using the university library and other relevant sources.
Diversity Areas
(Select one, and continue to use for all modules)
· Race
· Gender
· Sexual orientation
· Religion
· Ethnicity
Instructions
In your first days of your new role, you have noticed a lack of diversity initiatives. Your CEO has come to you and asked for a brief executive summary outlining the importance of your selected diversity group in the workplace.
For your report you have been asked to reflect and address the following sets of questions:
· Introduce the diversity area you have selected through an executive summary.
· What are two benefits of having your selected diversity group represented in the workplace?
· How does the diversity group contribute to a collaborative and innovative environment?
· Conclude your report; why it is important to address this diverse group in the workplace?
1-2 Pages
.
Course ScenarioPresently, your multinational organization us.docxmarilucorr
Course Scenario
Presently, your multinational organization uses steel at locations across the U.S. and globally with operations in Mexico, Russia, India, and China. Your boss is tasked with developing a global Request for Proposal (RFP) for gathering and comparing steel suppliers. In preparation for the RFP, he
has tasked you with building an internal data collection tool to identify key questions to include within the RFP
. The purpose of your survey is to identify all key information that is needed for the RFP, and the data collection tool will be sent to managers across the U.S. and globe. The data collection tool is a survey administered through email. Furthermore, the tool must contain a maximum of 10 questions and include the following:
Cost
Volume
Locations
Safety
You will also need to create templates supporting the project plan, including an action list, meeting minutes, and a risk management tool with strong supporting evidence. The time allotment from start to finish for this project by your boss is three months.
.
COURSE RTM 300 (Recreation and Community Development (V. Ward)).docxmarilucorr
COURSE: RTM 300 (Recreation and Community Development (V. Ward))
Paper Content Checklist
This is provided to assist you with your paper organization, thought process and making connections of material you find. For example, after collecting all of your social media entries into the chart provided below, you could also make your own summary chart sorted by the type of media and the key findings from each that could be incorporated into the paper itself.
Type of Evidence Informing and Supporting Your Paper
Key Concepts or Ideas from Evidence/ Source
Programs and
Solution
s for Tourism, Parks, Hospitality, Recreation and Entertainment Industry Professionals
Citation in APA Format
Peer-reviewed, Published Journal Articles
Proposal for building housing for homeless individuals in Chatsworth. The idea is to bring dozens of units of homeless housing to Chatsworth. The Homelessness and Poverty Committee passed its concept.
The programs proposed is building units of houses to reduce the homelessness. The building will create a new image in the region, thus attract development of recreational facilities such as swimming pool and slides for kids. Other facilities such as entertainment and hospitality will develop
Reyes, E. A. (2019). Hotly contested plan for homeless housing in Valley district moves forward. Los Angeles Times, Retrieved from https://www.latimes.com/california/story/2019-09-18/homeless-housing-vote-chatsworth
Community-focused publications by professional organizations or non-profits, NGOs
It ensures optimal services for children and families by providing the required tools and information to program evaluations and strategic planning.
The Research Department offers a professional community assessment for any project. It focuses on solutions to the wellbeing of child care to diminish homelessness. Improve the SMEs and hospitality industries.
Ccrclacl. (n.d.). Child Care Resource Center. Retrieved from https://www.ccrcca.org/resources/research-evaluation
Media: Television broadcasts, public television specials, radio, social media tracking of the topic (homelessness), e.g., KABC Facebook site on Homelessness and blog posts
Approval of HHH Funding to build houses in Chatsworth. It defines ideas that were met by the Homelessness Committee to approve the building of proposed Topanga Apartments development
The approval of the project will see Chatsworth develop into a business area. This new attraction will push solution for tourism Parks and hospitality industries. They will be prepared to meet the basic entertainments and recreations needs of the residents.
Linton, J., & Newton, D. (2019, September 19). Committee Narrowly Approves HHH Funding for Chatsworth Housing, Over Opposition From Councilmember Lee. Retrieved from https://la.streetsblog.org/2019/09/19/committee-narrowly-approves-hhh-funding-for-chatsworth-housing-over-opposition-from-councilmember-lee/
REMEMBER: Cite the source (including web addresses) of any tables or .
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A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Biological screening of herbal drugs: Introduction and Need for
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How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
UNIONS IN THEHEALTHCARE INDUSTRYBy Leslie Goff Sanders, .docx
1. UNIONS IN THE
HEALTHCARE INDUSTRY
By Leslie Goff Sanders, Esq. and Alonda W. McCutcheon, Esq.
Leslie Sanders, formerly of counsel
at Berry 8i Sims PLC, in Nashville, Tenn.,
pracüced law witíi the Firm's Executive
Compensation and Labor and Employ-
ment Practice. Leslie is now a member
ofthe firm Webb Sanders pile where she
continues to practice in the same areas.
Alonda McCutcheon is an associate
with Bass, Berry, Sims. She has worked
in the Labor and Employment Practice
Area since September 2002. She is a
member ofthe firm's Diversity Commit-
tee and a charter member ofthe firm's
African-American Affinity Group.
2. 142
L
abor unions in the healthcare industry have been
much in the news of late, particularly the emer-
gence of large and well-funded nursing unions.
There is a sense of urgency among nursing unions to
organize nurses in large numbers, as well as an increased
push to organize other groups of healthcare workers.
What is the impact of this increased organizing activ-
ity within the healthcare industry? Beyond the obvious
answer of unions' desire to rebuild ailing labor unions
and increase dues revenue, in order to fully answer thèse
questions, it is important to understand both the past
and the current labor relations landscape. This article
will provide an overview ofthe application of labor law
in the healthcare industry and a practical discussion
of the changes businesses will face if their workforce
becomes unionized.
I. Labor Relations 101
Traditionally, people think of unions as the champions
of the blue-collar worker in the manufacturing setting.
The service industry has outgrown the manufacturing
industry, which means the focus of union organizing
activity has shifted as well.
For the healthcare industry, the origin of this "shift"
dates back to 1967 when the National Labor Relations
Board (NLRB) first recognized the right of hospital work-
ers to join unions and participate in collective bargaining
with their employers.' In 1974, Congress amended the
National Labor Relations Act (NLRA) to cover both
4. only eight presumptively appropriate bargaining
units: (1) registered nurses; (2) physicians; (3) all
professionals except for registered nurses and
physicians; (4) technical employees; (5) skilled
maintenance employees; (6) business office cleri-
cal employees; (7) guards; (8) all nonprofessional
employees, except for technical employees,
skilled maintenance employees, business of-
fice clerical employees and guards.* In all other
healthcare facilities, the NLRB considers the
"community of interest" and determines appro-
priate bargaining units on a case-by-case basis.'
The recognition of these distinct, separate units
in the hospital has made it easier for groups of
employees to organize. For example, if the NLRB
determined that a broader group of employees
still has a sufficient "community of interest" to
constitute an appropriate unit, then nurses would
arguably have a more difficult time generating
the requisite support for a union when lower
paid, less skilled employees do not have the same
concerns or interests as the nurses.
In Boston Medical Center Corp.^, a significant
decision in this industry that directly impacts
the determination of an appropriate bargaining
unit, the NLRB overruled its prior decisions and
held that interns, residents, and fellows were
employees and, therefore, could engage in col-
lective bargaining and select a labor organization
to represent them. Previously, this category was
excluded because the role was considered to be
primarily that of a student, not an employee.
In public service or government facilities, the
rules regarding the appropriate bargaining unit
5. may differ. Such facilities are generally subject
to state laws which will vary with respect to the
determination of appropriate bargaining units,
and, thus, the NLRE's community of interest
rules would not apply. For example, in New
York, the Pubhc Employees' Fair Employment
Act permits government employees to orga-
nize and requires public employers to enter
into agreements with the union.'' Government
employers include public benefit corporations
which encompass certain hospitals in the state of
New York.'" Because the Public Employees' Fair
Employment Act does not have the same rules
as the NLRA, bargaining units at public hospi-
tals in New York may be composed of multiple
disciplines and professions as opposed to those
specifically enumerated in the NLRA rules.
Of course, American labor law specifically
excludes supervisors from the bargaining unit."
A supervisor is defined as "any individual hav-
ing authority, in the interest of the employer, to
hire, transfer, suspend, layoff, recall, promote,
discharge, assign, reward or discipline other
employees, or responsibility to direct them, or to
adjust their grievances, or effectively to recom-
mend such action, if in the connection with the
foregoing the exercise of such authority is not of
a merely routine or clerical nature, but requires
the use of independent judgment."'^
Several courts have wrestled with this defini-
tion when determining whether a charge nurse
may be a member of a bargaining unit. In NLRB
V. Health Care (^Retirement Corp.," an employer
was accused of committing an unfair labor prac-
6. tice by disciplining four LPNs for engaging in
union activity. The NLRB had found that the
143
UNIONS INTHE HEALTHCARE INDUSTRY
only discretion exercised by the LPNs was in
the interest of patient care, not in the interest
of the employer, and they were not, therefore,
supervisors. The employer argued that the LPNs
were supervisors, because they were responsible
for ensuring adequate staffing, assigning work
and evaluating the work performance of and
issuing discipline to nurses' aides. The United
States Supreme Court rejected the NLRB's
distinction between acts taken in connection
with patient care and acts taken in the interest
of the employer, and it concluded the LPNs
were supervisors.
A few years later in NLRB v. Kentucky River
Community Care, Inc.,^^ the Supreme Court re-
viewed the NLRB's order requiring a mental
health care facility to bargain with RNs, whom
the employer contended were supervisors. The
NLRB ruled that, while the RNs exercised
discretion with respect to the supervisory acts
identified by the NLRA, their "independent
judgment" was "ordinary professional or techni-
cal judgment in directing less-skilled employees
to deliver services."'^ Thus, according to the
NLRB, the RNs were not "supervisors." The Su-
preme Court rejected this limitation and refused
7. to enforce the NLRB's order requiring the health
care facility to bargain vsdth the RNs.
In Oakwood Healthcare, Inc.,"' the NLRB de-
termined that, while regular charge nurses at an
acute care hospital were supervisors, the "rotat-
ing" charge nurses were not supervisors. The
NLRB noted that when an individual spends a
regular and substantial portion of his work time
performing supervisory functions, he is a supervi-
sor and exempt from the NLRA." (The NLRB
will generally find supervisory status where the
individual serves in a supervisory role for at least
10 to 15 percent of his total work time, though
there is no strict numerical definition.)'̂ In Oak-
wood, the facility did not have an established
pattern or predictable schedule for when and
how often RNs take turns in working as charge
nurses. The regular charge nurse worked 10 out
of 14 days in a pay period. On the four days the
charge nurse was off, other nurses would assume
the role of charge nurse. The hospital did not
have a designated method for choosing the RN
that would rotate into the charge nurse position.
In the absence of any showing of regularity,
the NLRB determined that the rotating charge
nurses' supervisory duties were not a substan-
tial part of their work time, and therefore, they
were properly included in a bargaining unit of
nurses.
B.The Election and Campaign Process
In order to be represented by a union, the em-
ployees seeking representation generally sign a
8. petition or authorization cards indicating their
interest in union representation." The NLRB
then determines if there is a sufficient showing
of interest in an appropriate unit.̂ " The NLRB
requires that 30 percent of the workers express
interest. '̂ Signing the petition or the authoriza-
tion card does not mean that the worker must
vote for the union in a subsequent election. A
company may voluntarily recognize a union
when a majority ofthe workers Mdthin an appro-
priate bargaining unit expresses interest in union
representation. Under these circumstances,
if requested the NLRB will certify a union as
the exclusive bargaining representative of the
employees within the bargaining unit." In the
absence of voluntary recognition, the NLRB
will hold a secret-ballot election in which the
employees in the particular bargaining unit
are eligible to vote on whether they want to be
represented by a union." If a majority of the
employees in the unit who vote cast their ballots
in favor of union representation, then the NLRB
will certify the union as the exclusive bargaining
representative.^''
The election process could change if Congress
enacts labor-friendly legislation. The Employee
Free Choice Act (EFCA) has garnered much
attention from employers and unions. EFCA
has lost momentum since it was introduced as a
bill, but labor reform remains a top priority for
some lawmakers and organized labor. EFCA in
its most recent form would have taken away the
secret ballot election so that if a majority of em-
ployees in a bargaining unit indicate approval of
a union election on a card or petition, this would
9. effectively be a vote for the union." Generally
speaking, unions favor this type of legislation
144
LABOR LAW JOURNAL
in part because the absence of secret-ballot waive fees if such
offer is unconditional, unam-
elections wifl increase the likelihood of union
success.̂ ^ By the same token, businesses are not
in favor of this type of legislation in part because
a union could organize the employees without
any notice whatsoever to the employer." There
have long been talks of compromise indicating
that some type of legislation to amend the NLRA
biguous and applicable to all employees."
During a pre-election campaign, employers
may not punish or reward employees based
on their pro-union or anti-union activities un-
less the conduct violates legal policies and
procedures, makes threats" ("We will close the
plant if the union wins the election."), conduct̂ "
could stiflemerge.̂ ^ The prospect of EFCA being polls or
surveys of employees' support for
passed in some itera-
tion could also change
the landscape of the
campaign process as we
currently know it. Cur-
rently, employers are
10. put on notice of union
organizing activity when
a representation petition
has been filed (if the employer has not already
caught wind ofthe organizing efforts). The short
period of time between the filing of the petition
and the date of the election (usually an average
of 42 days) is the campaign period. As discussed
above, the concern is that legislation similar to
EFCA would eliminate this campaign period
because by the time an employer had notice
of union organizing the union is likely to have
secured a sufficient showing of interest.
During a union campaign, both the employer
and union must be careful that they do not en-
gage in conduct that may interfere with, restrain,
or coerce employees in the exercise of the rights
guaranteed in Section 7 of the NLRA." So what
conduct can employers and unions lawfully en-
gage in during a campaign? Both sides can convey
their respective messages through literature and
campaign paraphernalia (i.e. buttons, t-shirts, etc.)
Employers can discuss the disadvantages of having
a imionized workforce,̂ " compare their compen-
sation and benefits with union shops and other
employers, solicit employee grievances as long
as there is no promise to remedy the grievance, '̂
and correct any untrue statements made by the
union. Employers also can attempt to curb union
campaign activity by enforcing non-solicitation
and non-distribution policies. (See below for fur-
ther discussion of solicitation and distribution.)
The prospect of EFCA being
passed in some iteration could
11. also change the landscape of
the campaign process as we
currently know it.
union, make" promises
("You will get a raise or
promotion if you vote
against the union."), and
conduct surveillance of
employees,'* including
videotaping and photo-
graphing employees."
Employers cannot law-
fully prohibit the wearing of union buttons and
insignia absent "special circumstances" justifying
the restriction." Much like employers, unions
also are prohibited from threatening" non-
supporters and from unexplained photographing
or videotaping of employees.""
Having well-established policies concerning
solicitation and distribution in the workplace is
critical to combating the threat of union orga-
nization. However, if such policies do not exist
or have not been consistently enforced prior to
union organizing, then an employer may not
adopt or attempt to enforce such policies in order
to deter union activity."' The key with regard to
the enforcement of any non-solicitation and non-
distribution policy is ensuring that the policy is
applied in a non-discriminatory manner.
An employer may prohibit solicitation and
distribution during working time."̂ Distribution
12. of literature may be further restricted to work
areas."' These restrictions must apply to solicita-
tion and distribution of any nature, not just union
activity."" Solicitation can occur, however, dur-
ing non-working time such as breaks, lunch, or
before and after a shift."' Similarly, distribution
of literature can occur during nonworking time
and in nonwork areas."* A prohibition against
solicitation and distribution by off-duty em-
ployees is permitted only where the employer's
Conversely, a union may offer to reduce dues or pohcy restricts
the off-duty employees' access
145
UNIONS IN THE HEALTHCARE INDUSTRY
to working areas or the inside of the facility
and such policy has been clearly disseminated
to employees and consistently enforced against
any off-duty employee seeking access, not just
against those engaged in union activity. Gener-
ally, an employer cannot prohibit off-duty em-
ployees from soliciting and distributing outside
the facility in parking lots or other nonworking
areas. Moreover, a policy that prohibits an em-
ployee from "loitering" after working hours is
likely unlawful."'
E-mail serves as an important tool for com-
munication in the healthcare industry. This is
particularly true for communication between
employees on different shifts or in different fa-
13. cilities operated by the same business. While it
is permissible for healthcare companies to limit
e-mail usage for business-related communication
only, selectively enforcing the policy can violate
the LMRA.""* Unions will use e-mail as a method
of communication because it is an efficient and
effective way to reach employees. Employers
need a clear e-mail communication policy that
limits soUcitation and other non-business related
e-mails, and the employer must uniformly disci-
pline employees who violate the policy
Unions are not only targeting healthcare
workers but they are also appealing to patients
and the patient's families. In healthcare fa-
cilities, employers can restrict solicitation and
distribution in "immediate patient care areas,"
such as operating rooms, patient rooms and
treatment rooms."' A hospital also may restrict
non-employees from entering the property and
communicating with patients or their families.'"
On the other hand, hospital employees are
generally permitted to solicit and distribute to
patients and their families during nonworking
time and outside of patient care areas.
C. Negotiations Between the Union
and the Company
Once a union is certified, then it is the exclusive
representative ofthe appropriate bargaining unit,
for example, the nurses.'' This means that only
the union may negotiate with the healthcare facil-
ity regarding nurses' rates of pay, wages, hours
of employment and other conditions of employ-
ment." The union will be the representative of
14. fl//the nurses in the bargaining unit, not just the
nurses that actually voted for the union or pay
union dues." If a union is certified, then as a gen-
eral rule, the employees in the bargaining unit
will not have individual contracts with the facility
that pertain to the conditions of employment.
Currently, the NLRA requires employers and
unions to negotiate in good faith, but there is
no requirement the parties reach an agreement
within a certain period of time. If legislation such
as EFCA is passed, it could limit the negotiations
between the union and the employer by forcing
mandatory arbitration of initial disputes.'" Such
legislation could add timelines to the initial
bargaining process. EFCA would have required
the parties to reach an agreement within 90 days
after the bargaining process begins. If no con-
tract is executed after 90 days, then either party
could request mediation. If there is no agreement
reached within 30 days from the date media-
tion is requested, then an arbitrator will decide
the terms of the contract that the parties will be
required to follow for the next two years." This
is an example of the type of labor reform that
has been considered. Essentially, such reform
would take the bargaining process out of the
hands of the parties who know the most about
the particular healthcare facility and place it
in the hands of a neutral arbitrator who is not
familiar with the business.
ll.The Current Union Landscape
In February 2009, three nurses unions repre-
senting nearly 150,000 nurses announced plans
15. to merge and form the largest nurses' union to
date.« The United American Nurses ("UAN"),
the California Nurses Association ("CNA"), and
the Massachusetts Nurses Association ("MNA")
formed a "Super Union" known as the Na-
tional Nurses United. ("NNU") on December
7, 2009 in Phoenix, Arizona." The focus of the
NNU is to engage in widespread organizing as
"a substantial majority of the budget shall be
dedicated to new organizing;"'^ create a national
Taft-Hartley pension plan for union registered
nurses, and emphasize protecting and expanding
146
LABOR LAW JOURNAL
the rights of registered nurses, including promot-
ing the passage of National Nursing Shortage
Reform and Patient Advocacy Act."
Just two months after the announcement of
the "Super Union", six state nurses associations
that were formerly affiliated with the UAN
announced the formation of a new national
nurses' labor federation - the National Federa-
tion of Nurses ("NFN").'" This union represents
approximately 70,000 registered nurses in
various states including New Jersey, New York,
Ohio, Montana, Oregon and Washington."'
The NFN stated that it will differ from the
NNU in that each state affiliate will be autono-
mous and may voluntarily join the national
organization."2 According to NFN literature,
16. the sole purpose of NFN is "to provide sup-
port, education and assistance to nursing labor
organizations (NLOs) who represent RNs for
collective bargaining.""' Similar to the NNU,
the NFN also supports pension reform and
workplace protections.""
The Service Employees International Union
("SEIU") has over 2 million members and rep-
resents a variety of service employees, including
healthcare workers."^ Ofthe 2 miUion plus mem-
bers, nearly half are in the healthcare industry
with 110,000 nurses and 40,000 physicians."" In
March 2009, the SEIU and the CNA announced
a cooperation agreement in an effort to unionize
healthcare workers and step up efforts to enact
the EFCA."' The two unions have vowed to
refrain from "raiding" each other's members."*
The agreement between the two rival unions has
been referred to as a "truce.""' However, SEIU
president Andy Stern has said that it is more
than a truce: "[i]t's really trying to establish a
partnership at a moment of profound change in
our country." According to the CNA, it will be
the leading voice for RNs and SEIU the lead-
ing voice for all other hospital workers™ though
the SEIU certainly has a strong contingency of
nurses under its umbrella.
At least one union, the National Union of
Healthcare Workers ("NUHW"), is not joining
forces with the SEIU to organize healthcare
workers. Expelled from office by SEIU President
Andy Stem, these former Executive Board mem-
bers and Stewards of SEIU United Healthcare
17. Workers-West ("SEIU-UHW")" formed their
own independent union on January 28, 2009
and are hoping to attract non-unionized health-
care workers as well as healthcare workers who
are currently being represented by the SEIU."
NUHW purports to advance the practices and
principles of SEIU-UHW and seeks to restore
effective representation for SEIU-UHW mem-
bers who are under the "dictatorial control of
SEIU's appointed trustees.""
lll.The Impact on Healthcare
The answer to the question "why the hype" is
really quite simple - the current White House
administration. Rose Ann DeMoro's, now the
executive director of National Nurses United
comment says it all: "the Obama administration
has certainly been a shot in the arm...." for the
ailing labor unions.'" President Obama received
tremendous support from organized labor during
his campaign and is expected to support union-
friendly legislation throughout his presidency,
though his support of organized labor took a
back seat to healthcare reform and the economy.
In fact, the day of his inauguration President
Obama took a major step toward returning the
support from organized labor with the appoint-
ment of Wilma B. Liebman as Chairman of the
NLRB. Ms. Liebman was first appointed to the
Board in November 1997 by former President
Bill Clinton.'̂ Ms. Liebman replaces Peter Carey
Schaumber as Chairman. Mr. Schaumber ex-
pired term on August 27, 2010.'" He was serving
in his second term on the Board, having been ap-
pointed by former President George W. Bush in
18. September 2005." President Obama nominated
Craig Becker (Democrat), Mark Gaston Pearce
(Democrat) and Brian Hayes (Republican) to
the three remaining Board seats. On June 22,
2010, the Senate confirmed Hayes and Pearce,
but Becker was not confirmed. Becker is cur-
rently on the Board filling a recess appointment
by President Obama which is set to expire in
December 2011. Controversy ensued over the
nomination of Becker who served as Associate
General Counsel to both the SEIU and the AFL-
147
UNIONS IN THE HEALTHCARE INDUSTRY
CIO when Senator John McCain threatened to employees in
other facilities. Because campaigns
place a hold on Becker's nomination.
Even more significant is the support President
Obama has received from the unions on health-
care reform. Last year, DeMoro said, "we're going
to be pushing the Obama administration to imple-
ment the most progressive health-care reform
imaginable, which is universal health care, the
highest standard of care for all patients."'* There
can be little doubt that unions will continue to
turn up the heat on passage of labor reform."
Once employees organize, then the land-
scape at the healthcare facility will change. At
non-union facilities, people often refer to the
human resources function as "employee rela-
19. tions." In a union facility, the nomenclature is
often involve an inordinate amount of time and
resources, a company may consider entering
into a neutrality agreement with the union which
requires the company to remain neutral during
the union's organizing activities.*" A divided
workforce can pose an extreme hardship on a
healthcare facility, so an agreement to work co-
operatively may be a good business decision. A
company may also voluntarily recognize a union
without an election, though under the current
law, an election is the only way to be certified
by the NLRB.«'
Why would a company enter into a neutral-
ity agreement with or voluntarily recognize a
union? There are several reasons. A plausible
usually "labor relations." This seemingly insig- scenario is one
in which the company has a
nificant difference actu-
ally points out the most
fundamental change
a healthcare facility
will experience when
it goes from non-union
to union - it stops deal-
Once one facility becomes
organized, then the union may
very well seek to represent
employees in other facilities.
good working relation-
20. ship with a union in
a particular facility. A
different union may be
attempting to organize
another facility. The
company would rather
ing directly with employees and begins deal- work with the
union with which it is already
ing indirectly with employees through a labor
union. Thus, the relationship between individual
employees and the employer is no longer the
measuring stick for determining whether a
company is a good employer. Instead, the re-
lationship between the union and the company
is the determinative factor.
The unions' interest is in all of the employees
collectively, not each individual employee. Col-
lective bargaining by its very nature involves
negotiating the needs of the workforce as a
whole. Instead of individual agreements with
each employee, there is one contract that ap-
plies to all of the employees in a bargaining
unit. This is a fundamental change, particularly
when the bargaining unit consists of physicians
who often negotiate individual contracts with
the employer.
If your healthcare company operates multiple
facilities, then you may discover that the union
organization of one facility will have a ripple
effect. Once one facility becomes organized.
familiar. Also, the negotiating process may be
shortened drastically if the company has one
21. union to deal with as opposed to a different
union at each facility or for each bargaining unit.
The company may also simply want to avoid the
cost of another campaign.
The disciplinary system of the healthcare
facility that has been unionized is the subject of
mandatory bargaining.*^ Likewise, the law re-
quires management and unions to bargain over
a grievance process which nearly always results
in a formal grievance procedure included in
the collective bargaining agreement." With
respect to discipline of employees, the union
will grieve disciplinary action taken against
an employee if the union believes it is a viola-
tion of the collective bargaining agreement. It
is a fairly common practice in the healthcare
industry for facilities to have internal griev-
ance procedures in place whether or not the
employees are represented by a union. In these
facilities, employees who believe they have
then the union may very well seek to represent received
discipline either in a discriminatory
148
LABOR LAW JOURNAL
manner or contrary to company policy may
internally appeal the disciplinary decision
through a grievance process. The peer review
process is in some ways similar to a grievance
proceeding in that a decision is reviewed to
22. give it a sense of fairness.
In a union setting, the concept is the same,
but the mechanics differ. For example, it is the
union that files the grievance on behalf of the
employee. Thus, the company works with the
union, not necessarily the employee, to resolve
the dispute.*" The outcome of the negotiation is
binding on the employee.*' Note that for pub-
lic sector employees,
it may be permissible
for employees to file a
grievance directly with-
out the presence of the
union.** If the union and
the company cannot
reach an agreement,
then most collective
bargaining agreements require arbitration by a
neutral third party of the dispute. Arbitration is
also a mandatory subject of collective bargain-
ing." In a non-union facility, there is generally
not a provision requiring third-party arbitration
of dispute. In other words, once the internal
appeal process is exhausted, the matter is over
unless the employee files a legal claim against
the employer.
Management personnel in union facilities
will have additional obligations that did not
exist prior to the organization of the workforce.
Obviously, if a union comes to your healthcare
facility, then there will be significant changes
in the function of the human resources depart-
ment. You will have to employ human resources
professionals who can effectively deal with the
23. union representatives. The staff will have to
know the collective bargaining agreement and
understand the way in which it works. Likewise,
the negotiation of a collective bargaining agree-
ment will require a significant amount of time
and resources. The company will need someone
at the bargaining table that is intimately familiar
with the company, the particular workforce and
the industry.
In addition to the changes in
dealing with the workforce,
unions may also bring political
or social agendas to the
A workforce on strike constitutes the most
disruptive action for a business. In fact, one of
the few provisions in a collective bargaining
agreement that actually benefits an employer is a
"no-strike" provision. States may prohibit public
sector healthcare workers from striking.** In the
private sector, healthcare workers may strike
but there are some limitations. For example,
the Labor Management Relations Act requires
parties to a collective bargaining agreement to
provide notice to the other.party of its intent to
modify or terminate the contract 60 days before
its expiration date. In the healthcare industry,
the notice is extended
to 90 days.*' During this
"cooling off" period,
an economic strike is
prohibited.'" For health-
care workers, there is an
24. additional cooling off
period. The union must
give the employer and
the Federal Mediation and Conciliation Service
at least ten days notice of its intent to strike." This
additional cooling off period applies to any work
stoppage, not just a strike, including refusal to
work overtime."
Hospitals in the Minneapolis-St. Paul area
have recently felt the effects of a nurses' strike.
Nurses at the fourteen hospitals are represented
by the Minnesota Nurses Association. Collec-
tive bargaining agreements covering approxi-
mately 12,000 nurses expired on June 1, 2010.
A major issue in the negotiations is the nurse-
to-patient staffing ratios. Thousands of the
nurses participated in a one-day strike against
the hospitals on June 10, 2010. The hospitals
hired 2800 temporary nurses to fill in for the
workers that day. Some hospitals rescheduled
elective surgeries and took other measures
to make up for the reduced labor force. On
June 25, 2010, the union filed a strike notice
indicating that its members had approved an
open-ended strike beginning July 6, 2010 at
six of the hospitals." The parties reached an
agreement, however, on July 1,2010, ending the
bitter dispute and avoiding the biggest nursing
strike in U.S. history.'"
149
25. UNIONS IN THE HEALTHCARE INDUSTRY
In addition to the changes in dealing with the
workforce, unions may also bring political or
social agendas to the healthcare facility. Nurses
unions in particular have certain platforms that
reach beyond wages, hours and benefits. They
promise to improve what is likely the number
one concern for all nurses - patient care. As
mentioned above, UAN, CNA, MNA and
their recently-formed super union all support
nationalized universal healthcare. Sometimes,
patient care is directly related to nurse's work-
ing conditions and causes a difference of opin-
ion among the nurses' unions. A good example
of this is patient ratios. Some nurses want strict
ratios while others prefer staffing committees,
and still others have a variety of opinions on
the issue. It is quite understandable that with
the varying opinions, the nurse's unions differ
on this point as well. For example, in Penn-
sylvania, the CNA proposed and supported
state legislation related to nurse-patient ratios
and according to a CNA spokesperson, the
Pennsylvania Nurses Association, an affiliate
ofthe American Nurses Association ("ANA"),
opposed the proposal as written.'^ Thus, the
healthcare facility may get increasing pressure
from the union to support its platform. If the
employer and the union have different views
(which is quite possible), then the tension be-
tween the employees and the employer may
be greater than in the non-union facility. In
the non-union facility, the employees are free
to support their causes, but such support is
26. separate from their employment. In the union
facility, the platforms of the workers may in-
directly or even directly become a subject in
the collective bargaining process between the
employer and the union, such as the nurse-to-
patient staff ratios in Minnesota.
With a Democratic-controlled Congress and
White House, unions will seek to organize
healthcare workers like never before. Unions
are businesses. Their revenue is generated
by the dues paid by the members. If laws are
in place to make it even easier for unions to
organize workers, then it is a prime time to
increase membership, and theref^ore, revenues.
There are healthcare facilities and unions that
have managed to work well together and reach
palatable compromises. There are others that
have not had such good fortune. There are
lessons to learn from both, namely that col-
lective bargaining is all about compromise.
Perfect union contracts do not exist because
individual needs and wants vary. If your
healthcare facility finds itself on the other side
of a union contract, remember that mutual
respect is the key to successful negotiations
and long-term relationships between unions
and employers. •
ENDNOTES
See Butte Med. Prop., 168 NLRB 266 (1967).
29 U.S.C. §152(14).
29 U.S.C. §157.
UFCW, Local 1036 v. NLRB, 307 F.3d 760, 764
n. 3 (9th Cir. 2002) (citing I Patrick Hardin, THE
DEVELOPING LABOR LAW 448 (1992)).
27. See NLRB v. Metro. Life Ins. Co., 380 U.S. 438
(1965).
29C.F.R. § IO3.3O(a)
See Meijer, I n c . v. NLRB, 564 F.2d 737, 740,
96 LRRM 2738 (6th Cir 1977).
I62LRRM 1329(1999).
NY CLS Civ S §200 et seq.
N Y C L S a v S § 2 0 l ( 6 ) ( a )
29 U.S.C. §152(3).
29 U.S.C. §152(11)
NLRB V. Health Care & Retirement Corp., 511
U.S. S7I (1994).
NLBR V. Kentucky River Community Care, Inc.,
532 U.S. 706(2001).
Id. at 714.
Oakwood Healthcare, Inc., 348 NLRB 686, 180
LRRM 1257(2006).
Id. at 694.
Id.
An employer may voluntary recognize a union, but
ordinarily, the employer recognizes the union only
after the election process described herein.
29 U.S.C. I59(a).
NLRB Statements of Procedure §101.21
Lincoln Park Zoological Soc'y v. NLRB, 116 F.3d
216, 219 (7* Cir 1997).
29 U.S.C. §l59(e).
Id.
H.R. 1409, S. 560
Labor Relations Expediter (Analysis), "Employee
Free Choice Act - Pending Legislation," Labor
and Employment Law Library, The Bureau of
National Affairs.
Id.
28. 83 Daily Labor Report C - l , May 4, 2009 (The
Bureau of National Affairs)
29 U.S.C. § IS8(a)(l) and 158 (b)(l)(A)
Children's Center for Behavioral Dev., 347 NLRB
35(2006)
Airport 2000 Concessions, LLC, 346 NLRB 958
(2006)
NLRB V. Savair Manufacturing Co, 414 U.S. 270
(1973)
See Leiser Construction, LLC, 349 NLRB 413
(2007)
GrenadaStampingand Assembly, Inc., 351 NLRB
1152(2007)
Valerie Manor, Inc., 351 NLRB 1306 (2007)
See Ivy Steel and W i r e , Inc., 346 NLRB 404
(2006)
See Kingsbridge Heights Rehab. Care Center,
352 NLRB 6 (2008)
Republic Aviation v. NLRB, 324 U.S. 793,803-04
(1945): see also. Airport 2000 Concessions, LLC,
346 NLRB 958 (2006)
PPG Industries, Inc., 350 NLRB 225 (2007)
See Randell Warehouse of Arizona, 347 NLRB
591 (2006)
Downtown Hartford YMCA, 349 NLRB 960
(2007): See also Baptista's Bakery, Inc., 352 NLRB
547 (2008)
Douglas E. Ray et al.. Understanding Labor Law
(2d ed 2005).
Id.
Publix Super Markets, Inc., 347 NLRB 1434
(2006)
ISO
29. LABOR LAW JOURNAL
Douglas E. Ray et al.. Understanding Labor Law
(2d ed 2005).
Id.
Tecumseh Packaging
Solution
s, 352 NLRB 694
(2008)
Guard Publishing Co. v. NLRB, 571 F.3d 53 (D.C.
Cir. 2009)
Beth Israel Hospital v. NLRB, 437 U.S. 483
(1978); NLRB v. Baptist Hospital, Inc., 442 U.S.
773(1979).
See NLRB v. Babcock and Wilcox Co., 351 U.S.
105(1956)
29 U.S.C. §l59(a).
Id.
Id.
Labor Relations Expediter (Analysis), "Employee
Free Choice Act - Pending Legislation," Labor
and Employment Law Library, The Bureau of
National Affairs.
30. H.R. 1409; Id.
31 Daily Labor Report AA-1, February 19,2009
(The Bureau of National Affairs)
Id.; 233 Daily Labor Report B-l, December 8,
2009 (The Bureau of National Affairs)
http://www.uannurse.org/documents/National-
NursesUnitedFAQ.doc; see also 223 Daily Labor
Report B-l, December 8, 2009 (the Bureau of
National Affairs)
Id. http://www.medical news today.com/ar-
ticles/ 161698.php; http://www.nationalnurse-
sunited.org/about/; 90 Daily Labor Report A-13,
May 12, 2010 (The Bureau of National Affairs)
71 Daily Labor Report A-12, April 16,2009 (The
Bureau of National Affairs)
Id.
Id.
http://www.nysna.org/images/pdfs/nfn/NFN_
lntroduction.pdf
Id.
52 Daily Labor Report A - l , March 20, 2009
(The Bureau of National Affairs); www.SEIU.
org/ourunion
www.SEIU.org/ourunion
31. www.calnurses.org/media-center/press-releases
Id.
w w w . b o s t o n . c o m / b u s i n e s s / a r t i -
cles/2009/03/19
www.calnurses.org/media-center/press-releas-
es
Formed on January I, 1995, the SEIU United
Healthcare Workers-West is the largest health-
care union in the western united States and a
local affiliate of the SEIU.
http://www.nuhw.org/about/
Id.
Id.
http://www.nlrb.gov/about_us/overview/board/
wilma_b_liebman.aspx
htpp://www.nlrb.gov/about_us-overview/board/
index.aspx
http://www.nlrb.gov/about_us/overview/board/
peter_c_schaumber.aspx
http://www.calnurses.org/media-center/in-the-
news/2009
http://www.deiu.org/2009/05/seiu-announces-
unprecedented-coalition-to-sav-2-trillion-in-
healthcare-costs-pass-obama-healthcare.php
32. SeeAK Steel Corp. v. United Steel Work-
ers of Am.. 163 F.3d 403, 160 LRRM 2065 (6th
Cir. 1998).
See Gen. Box Co., 82 N.L.R.B. 678, 23 LRRM
1589(1949).
29 U.S.C. §l58(d)
See U.S. Gypsum Co.. 94 N.L.R.B. 112, 28
LRRM 1015(1951).
See Plumbers & Pipefitters Local 520 v.
NLRB, 955 F.2d 744, 139 LRRM 2457 (D.C. Cir.
1992).
See Id.
Smith V. Ark. State Highway Employees,
441 U.S. 463, 101 LRRM 2091 (1979).
Wire Prods. Mfg. Corp., 329 N.L.R.B. 155,
165 LRRM 1014(1999).
NY CLS Civ S §200.
29 U.S.C. §l58(d)
See Mastro Plastics Corp. v. NLRB. 350
U.S. 270, 37 LRRM 2584 (1956).
29U.S.C. §l58(g)
N.Y. State Nurses Ass'n, 334 N.L.R.B. 798,
167 LRRM 1313 (2001).
122 Daily Labor Report A-IO,June 28,2010 (The
Bureau of National Affairs)
33. http://www.startribune.com/lifestyle/
health/97611569.html (July 2, 2010)
71 Daily Labor Report A-12, April 16,2009 (The
Bureau of National Affairs)
I S I
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T H E SUPREME COURT'S 14
PENN PLAZA, LLC V, PYETT
DECISION: IMPACT AND
FAIRNESS CONSIDERATIONS FOR
34. COLLECTIVE BARGAINING
By David P. Twomey*
I. Introduction
David P. Twomey is a Professor at
Boston College, Carroll School of Man-
agement and member ofthe National
Academy of Arbitrators
Labor arbitration is an alternative dispute resolution
process created by the parties to a collective bargain-
ing agreement. In the private sector, an arbitration is
generally confined to a question of whether or not a
particular action was valid under the CBA. And the
powers and duties of an arbitrator are as set forth and
limited by the terms of the CBA.' Some fifty years
ago, as part ofits Steelworkers Trilogy,'^ the United States
Supreme Court announced a strong presumption in
favor of arbitrability in the United Steelworkers v. War-
rior & Gulf Navigation Co., as follows:
36. construction which M
̂ as bargained for; and
so far as the arbitrator's decision concerns
construction of the contract, the courts have
no business overruling him because their
interpretation of the contract is different
from his.'*
Over the years the Supreme Court expanded
the use of arbitration in employment disputes
beyond arbitration under collective bargaining
agreements to approval of the use of arbitration
to resolve individual employment agreements
to arbitrate statutory rights.^ The Supreme
Court in 14 Penn Plazfi, LLC v. Pyett recently
decided that a provision in a collective bargain-
ing agreement that "clearly and unmistakably"
requires union members to arbitrate claims aris-
ing under a federal antidiscrimination statute is
enforceable and is a waiver of union members'
rights to pursue statutory discrimination claims
in federal courts.* The decision was a significant
departure from existing precedents going back
to the Court's 1974 Alexander v. Gardner-Denver
Co. decision that allowed a union member to
pursue a grievance-arbitration remedy under a
37. CBA, and after an adverse arbitration award, to
pursue statutory rights in a federal court under
the Title VII of the Civil Rights Act of 1964.̂
Where once labor arbitrators were focused
on the four corners of a collective bargaining
agreement, interpreting contractual disputes
involving wages, hours and working conditions,
labor arbitrators will now, in some cases, inter-
pret federal antidiscrimination statutes and case
law, and resolve procedural and substantive
due process issues inherent in the application
of federal statutory law.
This paper presents the developing and some-
times conflicting Supreme Court precedents
involving the waiver of employee statutory
rights through mandatory arbitration clauses.
It then presents the Supreme Court's Pyett de-
cision. Pyett's impact on the labor arbitration
process is considered along with procedural
and fairness issues parties may choose to ad-
dress in their contract negotiations on whether
or not to require bargaining unit members to
arbitrate their statutory discrimination claims.
38. The paper concludes with an assessment of the
workability of resolving statutory discrimina-
tion claims through arbitration, rather than
Article III courts.
II. Pre-Pyett Precedent On
Mandatory Arbitration
Four Supreme Court decisions laid the founda-
tion and expressed sufficient conflict to persuade
the Supreme Court to grant certiorari in 14
Penn Plazfl v. Pyett to settle issues underlying the
distinctions between individual employment
agreements to arbitrate and arbitration clauses
found in CBA's.
A.Alexander v. Gardner-Denver
In the 1974 case of Alexander v. Gardner-Denver
Co., the Supreme Court considered the ques-
tion of whether Harrell Alexander's election
to invoke grievance-arbitration machinery
that resulted in an adverse arbitration award
precluded him from filing a subsequent Title
VII claim of racial discrimination.** The Court
found that it did not.^ The Court held that
39. Title VII was designed by Congress to supple-
ment existing laws and institutions involving
employment discrimination.'" Moreover, the
Court determined that the doctrine of election
remedies was inapplicable in the present con-
text, which involved statutory rights distinctly
separate from the employee's contractual rights,
regardless of the fact that violation of both rights
may have resulted from the same factual occur-
rence." The unanimous Gardner-Denver Court
held that "an employee's rights under Title VII
are not susceptible of prospective waiver."'^
And, the Court set forth the policy statements
regarding the appropriateness of arbitration
for the resolution of Title VII rights, in part,
as follows:
Arbitral procedures, while well suited to
the resolution of contractual disputes, make
arbitration a comparatively inappropri-
5 6
40. LABOR LAW JOURNAL
ate forum for the final resolution of rights
created by Title VIL The conclusion rests
first on the special role of the arbitrator,
whose task is to effectuate the intent of the
parties, rather than the requirements of
enacted legislation. Where the collective
bargaining agreement conflicts with Title
VII, the arbitrator must follow the agree-
ment. ... Parties usually choose an arbitrator
because they trust his knowledge and judg-
ment concerning the demands and norms
of industrial relations. On the other hand,
the resolution of statutory or constitutional
issues is a primary responsibility of courts,
and judicial construction has proved espe-
cially necessary with respect to Title VII,
whose broad language frequently can be
given meaning only by reference to public
law concepts.
Moreover, the fact-finding process in
arbitration usually is not equivalent to
judicial fact-finding. The record of the ar-
41. bitration proceedings is not as complete;
the usual rules of evidence do not apply;
and rights and procedures common to
civil trails, such as discovery, compulsory
process, cross examination, and testimony
under oath, are often severely limited or
unavailable. Indeed, it is the informality
of arbitral procedure that enables it to
function as an efficient, inexpensive, and
expeditious means for dispute resolution.
These same characteristics, however,
make arbitration a less appropriate forum
for final resolution of Title VII issues than
the federal courts.'^
B. Gilmer v. Interstateljohnson Lane
In Gilmer v. Interstate/Johnson Lane Corp., the
Supreme Court held that stockbroker Robert
Gilmer's lawsuit under the Age Discrimination
in Employment Act (ADEA) against his former
employer could be stayed under the Federal
Arbitration Act (FAA), and that he could be
compelled to arbitrate his statutory ADEA
claim under the FAA rather than pursue his case
42. in a federal court.''' Gilmer's registration form
with the New York Stock Exchange contained
an agreement to arbitrate any controversy
arising out of his employment with or termina-
tion by a member firm.'^ The Court enforced
this broad mandatory arbitration clause even
though it deprived Gilmer of his judicial rem-
edy, concluding that Congress did not explicitly
preclude arbitration of ADEA claims."^ The
Court distinguished its Gilmer decision from
Gardner-Denver "povatin^ out that Gardner-Denver
did not involve the issue of the enforceability
of an agreement to arbitrate statutory claims;
and the arbitration in Gardner-Denver occurred
in the context of a collective bargaining agree-
ment.'^
C. Wright V. Universal Maritime
Services Corp.
In Wright v. Universal Maritime Services Corp.,
the Supreme Court addressed the question of
whether a general arbitration clause in a CBA
required an employee to use the arbitration
procedures set forth in the contract to pur-
43. sue a remedy for an alleged violation of the
Americans with Disabilities Act (ADA).'** The
Fourth Circuit Court of Appeals concluded
that the general arbitration provision in the
CBA governing Wright's employment was suf-
ficiently broad to encompass a statutory claim
under the ADA, and that such a provision was
enforceable." Before the Supreme Court, the
employer group asserted that this position was
supported in part by Gilmer v. Interstate/Johnson
Lane Inc. and a strong federal policy favoring
arbitration.^" The plaintiff, Caesar Wright,
contended that the Alexander v. Gardner-Denver
and Gf/wzer precedents could be reconciled, by
maintaining that federal forum rights cannot
be waived in union-negotiated CBAs even if
they can be waived in individually executed
contracts.^' The Supreme Court did not take
up the daunting task of deciding whether or
not Gilmer had in fact undermined or over-
ruled Gardner-Denver.^^ The Court, following
its tradition of judicial restraint, resolved the
controversy before it on the narrow basis that
the arbitration clause in the parties' collective
44. 57
THE SUPREME COURT'S 14 PENN PLAZA. LLCV. PYETT
DECISION
bargaining agreement did not require the work-
er to arbitrate his ADA claim." Importantly,
the Court provided this clarification:
...whether or not Gardner-Denver's seem-
ingly absolute prohibition of union waiver
of employees' federal forum rights survives
Gilmer, Gardner-Denver at least stands for
the proposition that the right to a federal
judicial forum is of sufficient importance
to be protected against less-than-explicit
union waiver in a CBA. The CBA in this
case does not meet that standard.^"
Ultimately the Court distinguished the Wright
case from Gi/w r̂ reasoning that G//wẑ r involved
an individual's waiver of his own rights, in
contrast to Wright's case in which there was a
45. waiver of the rights of employees covered by
the
D. Circuit City Stores v. Adams
Following Gilmer, many employers required
their non-union employees to agree to broad
arbitration clauses as a condition of employ-
ment, often inserting such clauses in employee
handbooks with due notification to affected
employees.̂ *" New employees at all salary levels
have been commonly required to sign such pre-
dispute, broad mandatory arbitration clauses
on a take-it-or-leave-it basis. A strong challenge
to a so-called Gilmer arbitration clause was
initiated in the 2001 case of Circuit City Stores,
Inc. V. Adams^^ on the theory that the FAA was
intended to compel judicial enforcement of
arbitration agreements governing commercial
disputes and was not intended to apply to em-
ployment contracts.^^ The Court of Appeals for
the Ninth Circuit had accepted this position
in post-Gî/mer litigation.^' However, in Circuit
City Stores, Inc. v. Adams, the Supreme Court
overturned the Ninth Circuit's interpretation
ofthe FAA, in a 5-4 decision, rejecting the sup-
46. position that the advantages of the arbitration
process somehow disappear when transferred
to the employment context.^" Relying on its
Gilmer precedent, the Court made clear that
in agreeing to arbitration of a statutory claim.
a party does not forego substantive rights af-
forded by the statute.^'
lll.The Pyett Decision
The question presented in 14 Penn Plaza, LLC
V. Pyett was whether a provision in a CBA
that clearly and unmistakably required union
members to arbitrate claims arising under the
ADEA was enforceable.̂ ^ The Court of Appeals
for the Second Circuit held that Alexander v.
Gardner-Denver Co. forbids enforcement of such
a provision.̂ ^
The plaintiffs worked as unionized night lob-
by watchmen at the 14 Penn Plaza office build-
ing in New York City, until the building owner
hired a unionized security services contractor
to staff the lobby.̂ '̂ The plaintiffs were then as-
47. signed as night porters and light duty cleaners in
other locations.̂ ^ The Service Employees Inter-
national Union filed grievances challenging the
reassignment, asserting that the owner violated
the CBA because of: (1) age discrimination, (2)
the seniority provision, and (3) the overtime
distribution clause.̂ ^ Failing to obtain relief in
the grievance procedure, the union initially
requested arbitration, believing that it could
not legitimately object to the reassignments
because it had consented to the contract for the
new security personnel." The union continued
to arbitrate the seniority and overtime claims,
which they subsequently lost. While the limited
arbitration process continued, the plaintiffs filed
complaints with the EEOC alleging the owner
violated the ADEA.̂ ^ After receiving a right to
sue letter from the EEOC, the plaintiffs filed an
ADEA lawsuit against the employer in federal
district court. The employer responded by filing
a motion to compel arbitration under Sections
3 and 4 of the FAA. '̂ The district court denied
the employer's motion and the U.S. Court of
Appeals for the Second Circuit affirmed relying
on both Gardner-Denver and a Second Circuit
48. precedent that a CBA which purports to waive
employees' rights to a federal forum with respect
to statutory claims, is unenforceable.""
A divided Supreme Court reversed.'" Justice
Thomas, writing for the five-justice majority.
58
LABOR LAW JOURNAL
stated that the CBA's arbitration clause must
be honored unless the ADEA itself removes the
particular class of grievances from the National
Labor Relations Act's (NLRA's) broad sweep -
which was not the case in this instance."^ The
Court reasoned that the
NLRA provided the
union and the employer
group with statutory
authority to bargain
over the subject matter
of arbitration of work-
49. place discrimination
claims, and the ADEA
did not terminate that
authority."-' Accord-
ingly, the Court found that there was no legal
basis to strike down the arbitration clause in
the CBA.""
The Court then pointed out that the arbitra-
tion provision in Pyett is also fully enforceable
under the Gardner-Denver line of cases, because
the arbitration provision in the Gardner-Denver
CBA did not cover statutory claims,"^ while in
Pyett, the CBA's provision expressly covered
both statutory and contractual discrimination
claims."^ Moreover, the Court stated that the
union and employer group's decision to resolve
ADEA claims by way of arbitration instead of
litigation does not waive the statutory right to be
free from workplace age discrimination; it waives
only the right to seek relief from a court in the
first instance."^
The Court disavowed Gardner-Denver's state-
ment that certain features of arbitration make it
50. "a comparatively inappropriate forum for the
final resolution of rights created by Title VII,""^
including questioning the competence of arbi-
trators to decide federal statutory claims."' The
Court stated that these misconceptions have
been corrected, pointing out, for example, that
the Supreme Court has "recognized that arbi-
tral tribunals are readily capable of handling
the factual and legal complexities of antitrust
claims, notwithstanding the absence of judicial
instruction and supervision" and that "there is
no reason to assume at the outset that arbitrators
will not follow the law."̂ "
The Court disavowed Gardner-
Denver's statement that
certain features of arbitration
make it "a comparatively
inappropriate forum for
the final resolution of rights
created by Title VU."
The Court disposed of the plaintiffs' confiict-
51. of-interest argument, that a union's interest and
those ofthe individual are not always identical or
even compatible, by asserting that the principle
of majority rule is in fact the central premise of
the NLRA.5' The Court
bolstered its rationale
by pointing out that the
NLRA imposes a "duty
of fair representation"
on unions; that a union
is subject to liability
under the ADEA if it
discriminates against its
members on the basis of
age; and age-discrimi-
nation claims may be filed with the EEOC and
breach of duty of fair representation claims with
the NLRB.52
The majority did not resolve the question
whether a collective bargaining agreement's
waiver of a judicial forum is enforceable when
the union controls access to and presentation of
52. employees' claims in arbitration because it was
not fully briefed to the Court and made part of
the question presented to the Court.̂ ^
Justice Souter's dissent, joined by Justice
Stevens, Ginsberg, and Breyer, reprimanded
the majority for evading Gardner-Denver's xvXe,
a case that it contended was controlling prec-
edent. Justice Souter asserted federal forum
rights may not be waived in union-negotiated
contracts, stating "one need only read Gardner-
Denver itself to know that it was not at all so
narrowly reasoned... ."̂ "
IV. Impact And Fairness Issues
Under Pyett
The Pyett decision permits employers and
unions to bargain away individual employees'
rights to pursue the resolution of statutory dis-
crimination claims in federal court, relegating
employees to resolve their claim in arbitration.
It is anticipated that unionized employers may
seek to take advantage of this important change
in the law when bargaining new or renewal
53. contracts. Employers perceive litigation cost
5 9
THE SUPREME COURT'S 14 PENN PLAZA, LLCV. PYETT
DECISION
and outcome advantages'^ in manda-
tory arbitration by avoiding federal court liti-
gation. Unions will be required to bargain on
this mandatory subject of bargaining. Unions
will assess the advantages and disadvantages of
mandatory arbitration of statutory claims for
their members. If unions agree to the concept,
they will demand to have input into the con-
tent of any arbitration clause and will expect
enhanced economic benefits for its members
as quid pro quo for acceptance ofthe arbitration
agreement provision, as well as an economic
adjustment for the additional costs to be borne
by the union for additional representation
costs. Impact and fairness issues include the
unresolved issue, in Pyett, of a union's failure to
54. progress an individual's discrimination claim to
arbitration, "clear and unmistakable" waivers
in light of post-Pyett trial court decisions, and
"fairness" issues including: an overview com-
parison of arbitration and litigation, arbitrator
competence, grievant representation, rules of
evidence, discovery, conflicting time limits and
limited court review.
A. Failure of a Union to Progress
Discrimination Claims to Arbitration
In processing a grievance of a bargaining
unit member, the union progresses the matter
through the contractual grievance-arbitration
steps set forth in a CBA, and the union has the
discretion to make decisions "in good faith"
and "in a non arbitrary manner" as to the mer-
its of any particular grievance." In the absence
of any bad faith, a union cannot be found to
have breached its duty of fair representation
to a union member when it decides not to
arbitrate a grievance as non-meritorious.'^
The Pyett court did not resolve the question
whether a CBA's waiver of a judicial forum
is enforceable against a union member when
55. the union declines to progress the grievance
involving a federal statutory discrimination
claim to arbitration.'^ In Kravar v. Triangle
Services, Inc., involving an arbitration clause
identical in all respects to Pyett, the union re-
fused to take Ms. Kravar's disability discrimi-
nation claims to arbitration.''" In adjudicating
the case brought by the employer to compel
arbitration under Sections 3 and 4 ofthe FAA,
the U.S. District for the Southern District of
New York relied on the i^^íí principle that "the
decision to resolve ADEA claims by way of
arbitration instead of litigation does not waive
the statutory right to be free from workplace
age discrimination: it waives only the right to
seek relief from a court in the first instance."*'
The Kravar court held that the CBA operated
to preclude Ms. Kravar from raising her dis-
ability claim in any forum. As such, the CBA
arbitration provision operated as a waiver of
Ms. Kravar's substantive rights and may not
be enforced.^^
B. Negotiating "Clear and
56. Unmistakable"Waivers
After P)/ett, a first wave of cases raised a range of
i^^W-related enforceability issues. In Mathews v.
Denver Newspaper Agency, LLP., the U.S. District
Court for the District of Colorado found that
the CBA's arbitration agreement covered the
plaintiff's statutory discrimination claim, and
the court concluded that the plaintiff waived
his right to seek a judicial remedy.''^ However,
in St. Aubin v. Unilever., the U.S. District Court
for the Northern District of Illinois found that
the "clear and unmistakable" requirement to
arbitrate the statutory discrimination claim
was not met where the arbitration clause and
the anti-discrimination clause were distinct,
and the anti-discrimination clause did not refer
to arbitration.'''* In Markell v. Kaiser Foundation
Health Plan, the U.S. District Court for the
District of Oregon determined that where a
CBA did not clearly provide for arbitration of
statutory claims, the statutory claim should be
given de novo consideration in federal court.'''
In Shipkevich v. Staten Island University Hospital,
the U.S. District Court for the Eastern District
of New York determined that the CBA did not
57. "clearly and unmistakably require" arbitration
of statutory antidiscrimination claims.'̂ '̂ Einally,
in Méndez v. Starwood Hotels, the Court of Ap-
peals for the Second Circuit upheld the lower
court's denial of a motion to compel arbitration
based on a letter agreement signed by Starwood
6 0
LABOR LAW JOURNAL
and Méndez because the subject matter of the
agreement to arbitrate employment related
discrimination claims was subject to mandatory
bargaining under the NLRA, and the employer
had no right to go outside the collective bar-
gaining context to obtain this letter. '̂' To avoid
the time and expense of litigation about "clear
and unmistakable" waivers, the arbitration
clause in Pyett may be used by employers and
unions in contract negotiations as a Court ap-
proved model of arbitration clause language
that clearly and unmistakably requires union
58. members to arbitrate statutory discrimination
claims. The clause states:
§30 NO DISCRIMINATION. There shafl
be no discrimination against any present or
future employee by reason of race, creed,
color, age, disability, national origin, sex,
union membership, or any other charac-
teristic protected by law, including, but not
limited to, claims made pursuant to Title
VII of the Civil Rights Act, the Americans
with Disabilities Act, the Age Discrimina-
tion in Employment Act, the New York
State Human Rights Law, the New York
City Human Rights Code, ... or any other
similar laws, rules, or regulations. All such
claims shall be subject to the grievance and
arbitration procedures (Articles V and VI)
as the sole and exclusive remedy for viola-
tions. Arbitrators shall apply appropriate
law in rendering decisions based upon
claims of discrimination.̂ **
As discussed in the previous segment of this
paper, the Pyett Court did not resolve the ques-
59. tion whether a CBA's waiver of a judicial forum
is enforceable against a union member when the
union declines to progress the grievance involv-
ing a statutory claim to arbitration. The Kravar
decision indicates that the employer would not
be able to compel arbitration against the union
member in that case. In their contract nego-
tiations the parties may choose to address this
matter to attempt close this exclusion.* '̂ And,
in order to obtain union approval of the model
waiver clause contained in the Pyett decision.
the parties may address other procedural and
remedial issues unique to their history of collec-
tive bargaining and current circumstances.
C. Selected Fairness Considerations
Regarding the Arbitration of Statutory
Discrimination Claims;With Certain
Litigation Comparisons
The Py^Wmajority noted that "arbitration proce-
dures are more streamlined than federal litiga-
tion" as an advantage not an inadequacy, point-
ing out that the relative informality of arbitration
60. is one of the chief reasons that parties select
arbitration.™ The Court noted that the parties to
a CBA "trade the procedures and opportunity
for review of the courtroom for the simplicity,
informality, and expedition of arbitration."^' In
this bargained -for exchange of forums, a num-
ber of procedural and fairness issues arise which
parties in upcoming negotiations of their CBAs
may choose to address in deciding whether or
not to agree to a contractual provision requir-
ing union members to arbitrate statutory dis-
crimination claims, and if so, what procedural
adjustments, if any, are necessary based on the
individualized history and circumstances of the
parties themselves.
¡.Arbitration and Litigation
Parties to CBAs agree to resolve the complaints
of employees who believe they have been
wronged through the steps of a contractual
grievance-arbitration procedure.^^ The process
takes form with the filing of a grievance with a
first-line supervisor, whereby the grievant, with
the assistance of a union shop steward, states the
basis of the complaint in writing on a grievance
61. form, identifies the section of the CBA believed
to have been violated, and states the remedy
sought. Through a series of procedural steps with
specified time limits, the matter is progressed up
to the highest designated manager for resolving
grievances and a high ranking union officer, such
as an international vice president who will meet
to attempt to resolve the grievance." If the par-
ties are unable to resolve the grievance, it may
be progressed to arbitration.'"'
6 1
THE SUPREME COURT'S 14 PENN PLAZA, LLC V. PYETT
DECISION
At the arbitration stage, both parties partici-
pate in the selection of the arbitrator.̂ ^ The ar-
bitrator's authority emanates from the contract
itself and the parties' "statement of the issue."
The issue and the contract define the jurisdiction
of the arbitrator.'^
62. As compared to the grievance handling
and the initiation of the arbitration process
outlined above, in litigation, technical pretrial
pleadings are complied with and discovery is
pursued, consisting of interrogatories between
the parties, taking depositions from principal
witnesses involved in the controversy and re-
quiring the production of relevant company
documents and records.'^ Once all of the pre-
trial motions have been resolved, the judge
presides over the selection of the jury and the
trial begins.̂ ^
2. Arbitrator Competence
Arbitrators are usually selected by mutual agree-
ment of the parties,'^ or through the process
of elimination by striking names from a panel
of names of arbitrators with corresponding in-
formation about the arbitrators' backgrounds,
experience, and fees.̂ *̂ The American Arbitra-
tion Association (AAA) and the Federal Media-
tion and Conciliation Service provide panels
of arbitrators who are prescreened for their
neutrality and experience.^' Upon selection, an
arbitrator is duty bound to disclose any conflict
63. of interest.̂ ^
Federal judges are highly qualified to preside
over statutory discrimination cases and to make
rulings on all legal issues. They are assigned to
cases, as opposed to selection by the parties.
And, in federal courts, juries make determina-
tions on facts and damages determinations,
including compensatory and punitive damages.
Employer uncertainty and concern over the po-
tential for large damages awarded by juries and
the cost of litigation itself, even when successful,
has led employers to be the moving party seek-
ing to mandate arbitration of statutory claims.
Indeed, in Pyett the employer's brief before the
Supreme Court stated that the union accepted
the arbitration clause in question in exchange for
unit-wide economic improvements.^^
As asserted by the Pyett majority, there is
httle doubt that the parties will in fact be able to
retain "competent, conscientious and impartial
arbitrators" to make findings of fact, and inter-
pret the contract and statutory law, and assess
appropriate damages in full compliance with
64. statutory law.
3. Conflicting Time Limits
Grievance arbitration provisions in CBAs may
require grievances to be filed within short periods
of time up to thirty days after the grievant knew
or should have known of the occurrence giving
rise to the grievance.̂ " Untimely grievances often
are refused a hearing unless it is a "continuing
violation" of the contract.^' Antidiscrimination
statutes provide much longer periods of time
to initiate claims under each statute.̂ * In union
settings with access to immediate advice from
shop stewards, union members should be readily
able to file their grievances within a contractual
time period of up to thirty days. The early filing
of a grievance allows the employer and union
to investigate matters in a timely fashion while
memories are fresh and to obtain other evidence
that may exist, in the interest of early and ac-
curate resolution of claims.
As the parties negotiate contractual language
for the arbitration of statutory discrimination
claims, they may decide to provide a modified
65. time limit shortening the statutory period for
filing such claims to provide for the early reso-
lution of claims, writing into the CBA a "clear
and unmistakable" waiver of each applicable
federal statute's time limits. A reasonable short-
ened time limit for discrimination cases may
range from ninety days to six months. However,
with the promise promulgated by Gilmer,^^
Circuit City,^^ and Pyetf^ that parties agreeing
to resolve statutory claims through arbitration
do not forego substantive rights afforded by
the statute, shortened statutory time limits will
be subject to scrutiny for reasonableness by
reviewing courts.
4. Grievant Representation
The parties to a collective bargaining agree-
ment are the employer and the union, and
6 2
LABOR LAW JOURNAL
66. they are "the parties" as well at an arbitration
under their CBA. The parties apportion the
administrative fees charged by the arbitration
services agency, and the arbitrator's fees and
expenses. Other than periodic union dues,
there is no cost to the grievant. The union also
pays the fees of the attorney retained by the
union to represent the grievant at an arljitra-
tion.̂ " What if the grievant desires to have his
own attorney represent his individual interests
at the arbitration? Should the parties negotiate
a contractual right for a grievant asserting a vio-
lation of an antidiscrimination statute to retain
counsel of his or her choice to present the case
at the arbitration since the arbitration decision
will result in a final and binding resolution of
the grievant's statutory rights? Such is a matter
to be resolved by the union and the grievant.
It is the union's right to put on its case for the
grievant as it sees fit, so long as the union's
conduct towards the grievant is not arbitrary,
discriminatory or in bad faith.̂ ' However, when
requested in statutory discrimination cases, it
would make sense for the union to step aside,
and allow the grievant's retained attorney to
67. present the union's case for the grievant, with
the union's full cooperation.
5. Pre-hearing Procedures
CBA's rarely set forth the rules and procedures
for conducting an arbitration. Rather the proce-
dures for conducting arbitrations have evolved
over time through the combined infiuences of
arbitrators themselves and the practice of pub-
lication of their awards, the procedures of the
War Labor Board, the rules and publications of
the AAA, the activities and proceedings of the
National Academy of Arbitrators and the con-
duct of lawyers.'^ The procedural practices of
labor arbitration are widely accepted as fair by
workers, unions, employers, and courts.'^ Some
further development of arbitration procedures
may evolve regarding the pre-hearing role of
arbitrators in handling pre-hearing discovery
requests in arbitrations involving statutory dis-
crimination claims.
Section 1.10 of The Second Edition of The
Common Law of the Workplace, summarizes
68. some ofthe leading arbitral principles developed
over six decades of labor arbitration. It states:
Unless mutually agreed to, prehearing dis-
covery tools as found in civil litigation—such
as prehearing depositions, written inter-
rogatories, and requests for admissions-are
generally not allowed in labor arbitration.
Depositions may be allowed, however, to
preserve testimony that would otherwise be
unavailable at the hearing.'"*
In footnote 10, the Pyett majority recognized
that the FAA applies to labor arbitration pro-
cedures.''̂ Section 7 of the FAA authorizes the
arbitrator to "summon in writing any person
to attend...as a witness and in a proper case to
bring with him.. .any book, document, or paper,
which may be deemed material as evidence in
the case."'^ It also grants a party permission to
take the deposition of a witness who cannot be
subpoenaed or is unable to attend the hearing.̂ ^
Section 10 of the FAA also allows for a vacatur
of an award for an arbitrator's refusal to hear
evidence pertinent and material to the contro-
69. versy.̂ ^ Future litigation may develop guidance
as to the extent of additional discovery rights of
grievants in statutory discrimination cases.
The parties themselves, in negotiating con-
tractual language mandating the arbitration of
statutory discrimination claims may consider
providing for limited discovery rights in bal-
ance with the goal of an efficient and effective
dispute resolution process, which coupled with
the information developed during the steps of
the grievance procedure, may very well lead to
an early resolution of the matter.
6. Rules of Evidence
In an arbitration, the arbitrator may not
strictly adhere to the application of the rules
of evidence as applied in the federal courts.'^
For example, arbitrators may choose to hear a
grievant's testimony that would have been ruled
inadmissible hearsay in a federal court, for the
therapeutic value to the grievant, allowing the
grievant to tell his or her story "for whatever
weight it deserves."'"^ However, testimony
70. 63
THE SUPREME COURT'S 14 PENN PLAZA. LLC V. PYETT
DECISION
of little probative value, like uncorroborated
hearsay, is addressed by the arbitrator from
the bench or disposed of in the arbitrator's
award."" In some continuing relationships the
parties themselves, in the manner in which
they present their cases and assert objections
have led to a gradual increase in the strictness
ofthe rules of evidence and a resulting increase
in legalism in labor arbitration."^^ As expert
tribunals, neutral and competent, it is highly
unlikely that an arbitration case will turn on
the basis of incompetent evidence.
7. judicial Review of Arbitration Awards
Arbitration awards are "final and binding" on
the parties as required by specific language set
forth in each collective bargaining agreement.
As compared to litigation, it is this expeditious,
71. efficient, and final resolution of controversies
that provide the major advantage for arbitra-
tion over litigation. To maintain this advan-
tage, arbitrators' decisions are afforded an
extraordinary level of deference by courts.'"^
Arbitration decisions are subject to limited
court review under the FAA."̂ " The FAA ap-
plies to all employees, with the exclusion of
transportation workers engaged in foreign or
interstate commerce.'"^ And, as set forth in 7^-
ett, the EAA applies to arbitration agreements
involving statutory discrimination claims of
unionized employees.'"^
The FAA provides streamlined treatment for
vacating or modifying or correcting an arbitra-
tion award. Section 10 lists grounds for vacating
an award, including (1) corruption, fraud, or
undue means, (2) evident partiality or corrup-
tion by the arbitrators, (3) misconduct of the
arbitrators, or (4) the arbitrators exceeding their
power. "̂^ The grounds for modifying or cor-
recting an award under Section 11 of the FAA
include (1) evident material miscalculation, (2)
evident material mistake, and (3) imperfections
72. on a matter of form not affecting the merits.'"^
The Supreme Court held that Sections 10 and 11
are the exclusive grounds for expedited vacatur
and modification of awards with these provi-
sions substantiating a national policy favoring
arbitration with just the limited review needed to
maintain arbitrations essential virtue of resolving
disputes straightaway.'"'
R.esolution of federal statutory discrimination
claims through the procedures ofthe EEOC and
then the federal trial and appeals courts are the
primary dispute resolution process designed by
Congress. However, this process is technical,
prolonged, and expensive. The expense alone
may make it impossible for a unionized worker
to pursue statutory rights in the federal courts.
Appellate review of federal trial court decisions,
however, provides a much broader review of
the legal determinations of a trial court than is
made of the legal determinations of arbitrators
under the FAA. Appellate court review allows
for errors of law to be corrected."" Moreover,
the published decisions of the appeals courts
73. provide precedents for the resolution of similar
issues in the future.'"
As the Court majority expressed in Pyett, "[p]
arties trad[e] the procedures and opportunity
for review of the courtroom for the simplicity,
informality, and expedition of arbitration.""^
Arbitration of statutory discrimination claims is
a bargained for, agreed to process, with mutually
beneficial features and drawbacks for the parties.
It is reserved to the parties themselves to choose
whether or not to include a mandatory arbitra-
tion of statutory discrimination claims provision
in their collective bargaining agreement.
V. Conclusion
The dissent in Pyett correctly complained that
the majority misread Gardner-Denver when it
claimed the decision in that case turned solely
on the narrow ground that the CBA did not
cover statutory claims."^ And, it is true that
under the Pyett decision, unions can, in effect,
waive an employee's right to a jury trial for the
employee's statutory discrimination claim(s).
74. However, the Pyett Court majority decision
is now the law. The matter is finally settled.
Unions and employers may negotiate a rule in
their CBAs requiring the arbitration of statutory
discrimination claims as the sole and exclusive
remedy for both the violations of the CBA and
the antidiscrimination statutes.""
6 4
LABOR LAW JOURNAL
Under the Gilmer and Circuit City precedents,
pre-dispute, broad, mandatory arbitration claus-
es in employment contracts, imposed on new or
continuing non-union employees by employers
on a take-it-or-leave-it basis may be enforceable
under the Federal Arbitration Act.'" A narrow
exclusion exists for transportation workers.'"^
These unilaterally drafted and imposed arbitra-
tion provisions are often unbalanced and unfair
to the employees involved."^ Contrary to these
so called "employment arbitration" category of
75. cases is the "labor arbitration" category of cases,
as dealt with in Pyett where the arbitration clauses
are co-authored by unions and employers. If a
union believes it is unfair or unjust to agree to
a clause requiring the mandatory arbitration
of statutory discrimination claims for all of its
members it can refuse to agree to such a provi-
sion. Or, if a union is offered "sizeable wage
and benefit enhancements" as asserted by the
employer in Pyett,^'^ union and employer nego-
tiators can modify the Pyett arbitration clause
model, balancing and adjusting with agreement
language for the fairness and procedural issues
raised previously in this article, while retaining
for the employees and the employers the full
scope of remedies and defenses available in the
antidiscrimination statutes. •
ENDNOTES
Professor, Boston College. Carroll School
of Management and member of the National
Academy of Arbitrators. The author wishes to
express his appreciation to the following faculty
76. at Boston College. Christine Neylon O'Brien and
Stephanie Greene for their thoughtful review
and comments, and particularly to Margo E.K.
Reder for her research assistance and helpful
comments.
See David P. Twomey, LABOR & EMPLOYMENT
LAW, 266(2010).
United Steelworkers v. American Mfg. Co., 363
U.S. 561 (I960); United Steelworkers v. War-
rior & Gulf Navigation Co., 363 U.S. 574 (I960);
United Steelworkers v. Enterprise Wheel & Car
Corp., 363 U.S. 593(1960).
363U.S. 574, 582(1960).
365 U.S. 593,599(1960).
Gilmer v. Interstate/Johnson Lane Corp. 500 U.S.
20 (1991); Circuit City Stores, Inc. v. Adams, 532
U.S. 105(2001).
I29S. Ct. 1456(2009).
415 U.S. 36(1974).
W. at 38.
Id. at 60.
Id. at 48-49.
Id. at 49,-50.
W. a t 5 l .
77. Id. at 56-58.
500 U.S. 20(1991).
Id. at 23.
Id. at 29.
Id. at 35.
525U.S. 70, 72(1998).
Id. at 75.
See Id. at 77.
Id.
See Id. at 77 and 80.
The Court handled the Fourth Circuit's errone-
ous interpretation ofthe arbitration clause with
judicial tact by simply refusing to apply a pre-
sumption of arbitrability to the case before it. Id.
at 79. The arbitration clause in question stated;
"Union agrees that this Agreement is intended
to cover all matters affecting wages, hours and
other terms and conditions of employment...."
Id. at 73. The plain language of this clause does
not purport to vest an arbitrator with authority
to decide whether or not the employer violated
the Americans with Disabilities Act or discrimi-
nation laws in general.
78. Id. at 80.
M. at 80-81.
See David Lewin, Workplace ADR: What's New
and What Matters? 2007 N.A.A. Proc. 26-27.
532 U.S. 105(2001).
See Circuit City, 532 U.S. at 110-111.
Id. at 124-128 (Stevens, J. dissenting). Proponents
of the position rely on the language of Section
2 of the FAA which makes enforceable writ-
ten agreements to arbitrate "in any maritime
transaction or contract involving commerce."
9 U.S.C. §2 (2006). Advocates believe that the
legislative history ofthe Act shows that it was in-
tended to apply only to commercial and maritime
contracts. While there is no legislative history
of intent to extend arbitration to employment
disputes, proponents point out that the Secre-
tary of Commerce, Herbert Hoover, proposed
the language, "but nothing herein shall apply to
seamen or any class of workers in the interstate
and foreign commerce" to allay the fears of a
maritime union. Joint Hearing on S. 1005 and
H.R. 646, 68»' Cong. l"Sess. 14 (1924).
C/rcuit City, 532 U.S. at 118, 119.
Id. at 123.
79. 14 Penn Plaza, LLC V. Pyett, l29S.Ct. 1456, 1461
(2009).
Pyett V. Pennsylvania Building Co., 498 F.3d 88
(2d Cir. 2007).
14 Penn Plaza, 129 S. Ct. at 1461.
Id. at 1462.
Id.
Id.
Id.
Id. Federal Arbitration Act, 9 U.S.C. §§ 3, 4
(2006).
Pyett, 498 F. 3d at 93-94.
14 Per)n Plaza, at 129 S. Ct. at 1461.
Id. at 1465.
Id. at 1466.
Id.
Id. at 1467.
Id. at 1469.
Id.
Id. at 1471.
Id.
Id. at 1471, citing Shearson/American Express,
80. Inc. V. McMahon, 482 U.S. 220, 231-232 (1987).
14 Penn P/ozo, 129 S.Ct. at 1472.
W. at 1473.
Id. at 1474.
Id. at 1479.
See Theodore St. Antoine, /Viondatory Arbitra-
tion: Why It's Better Than It Looks, 41 U. Mich J.L.
Reform 783, 786 (2008) (citing litigation costs
as follows; fees and expenses for a successful
defense of a discharge case before a jury could
range from $ 100,000 in the Midwest to $200,000
on the coast according to a Dean St. Antoine's
informal survey in 1992).
Employers may perceive an outcome advantage
by avoiding the broad discovery rights available
in the federal courts, and have more confidence
in the fact finding of an arbitrator selected
by the parties as compared to that of a jury.
W i t h o u t regard for whether a workplace is
unionized or not, employers fear exposure to
what they perceive as possible runaway jury
awards in employment discrimination law suits.
For example, in a highly publicized case, a jury
awarded Anucha Browne Sanders, a former
marketing vice president ofthe New York Knicks
81. basketball team, $ 11.6 million in punitive damages
for sexual harassment and retaliation against the
team's corporate owner, its chairman, and its
president and head coach; and even though the
defendants "vehemently disagreed with the jury's
decision" they settled the case under pressure
from the NBA Commissioner. See Post-Verdict
Settlement Reached in Former Knicks Executive's
Case, DLR N O . 238, A-12 (Dec. 12, 2007). The
median award to plaintiffs who won employment
discrimination lawsuits between the mid-1990s
and the mid-2000s was $250,000, and one in nine
cases resulted in plaintiffs receiving $1 million
or more each. See Lewin, supra note 26 at 26.
See also David S. Schwartz, Mandatory Arbitra-
tion and Fairness, 84 Notre Dame L. Rev. 1247
(2009) where Professor Schwartz challenges
the fairness of mandatory arbitration of employ-
ment disputes involving individual employment
agreements to arbitrate forced on employees by
their employers, in contrast to arbitration under
collective bargaining agreements.
Vaca V. Sipes, 386 U.S. 171, 191 (1967).
SeeW. at 190-191.
82. 65
THE SUPREME COURT'S ¡4 PENN PLAZA, LLC V. PYETT
DECISION
14 Penn Plaza, 129 S. Ct. at 1474.
No. I: 06-CV-07858, 2009 U.S. Dist. LEXIS
26459, at *8 (S.D.N.Y., Mar. 27, 2009).
Id. at *6 (quoting 14 Penn Plaza. 129 S. Ct. at
1469).
No. I: 06-CV-07858, 2009 U.S. Dist. LEXIS
26459 a t * 9 (S.D.N.Y., Mar. 27, 2009).
No. 07-CV-02097, 2009 U.S. Dist. LEXIS 37697,
at *I2-I3 (D. Colo. May 4, 2009). The anti-
discrimination clause in the CBA stated: "The
Employer and the Union acknowledge continua-
tion of their policies of no discrimination against
employees and applicants on the basis of age, sex,
race, religious beliefs, color, national origin or
disability in accordance with and as required by
applicable state and federal law."
No. 09 C 1874, 2009 U.S. Dist. LEXIS 55626, at
*9-IO (N.D. III. June 26, 2009). See also, Dun-
83. nigan v. City of Peoría, No. 09-CV-I064, 2009
U.S. Dist. LEXIS 71797, at *5-7 ( C D . III. July
25, 2009).
No. CV 08-752, 2009 U.S. Dist. LEXIS 95891
at *I9-2O (D. Or. Sept. 14, 2009). The CBA
provided that the parties are "free to arbitrate"
disputes regarding "problems arising in con-
nection with the application or interpretation
of" the CBA itself: that is, arbitration is clearly
authorized in connection with contract-based
claims only. CBA, A r t 9., §§ B(8), A(3).
No. 08-CV-1008,2009 U.S. Dist. LEXIS 51011, at
*l9-20(E.D.N.Y.June 15,2009). The CBA that
governed the parties in this case stated: "Neither
the Employer nor the Union shall discriminate
against or in favor of any Employee on account of
race, color, creed, national origin, political belief,
sex, sexual orientation, citizenship status, marital
status, disability or age." Arbitration is contem-
plated if the CBA's grievance procedure does
not resolve the dispute: "A grievance...which
has not been resolved [under the grievance
procedure] may, within thirty (30) working days
after completion of...the grievance procedure,
84. be referred for arbitration by the Employer or
the Union...".
No. 08-4264-CV, 2009 U.S. App. LEXIS 17113,
a t * 4 ( 2 d C i r . 2009).
14 Penn Plaza, 129 S. Ct. at 1461.
It is unusual indeed for a union not to progress
a case of a terminated employee to arbitration.
It is an unwritten rule in most unions that every
terminated union worker is entitled to his or her
"day in court" -- meaning a right to go before an
arbitrator to challenge the termination. Statu-
tory discrimination claims are often raised in
such arbitration proceedings. Moreover, in this
day and age unions' interests are very supportive
of broad civil rights and it would be unusual for
a union to fail to progress a statutory antidis-
crimination claim to arbitration. It may well be
best for the parties to simply allow this "union
declination exception" to exist. Justice Souter's
dissent in Pyett states in closing that " [ o ] n one
level, the majority opinion may have little effect"
because of the union declination exception. 14
Penn Plaza, 129 S. Ct. at 1481. However, I believe
that the applicability of this exception will be
quite unusual.
85. /4 Penn P/oza, 129 S.Ct. at 1471.
Id.
See generally Frank Elkouri & Edna Asper Elkouri,
H O W ARBITRATION WORKS, 198-278 (Alan
Miles Ruben Ed. 6"' ed. 2003).
See id. at 213-214.
See id. at 268.
See id. at 42-43. (The Federal Mediation and
Conciliation Service and the American Arbitra-
tion Association provide panels of arbitrators
experienced in dealing with labor matters.)
See, THE COMMON LAW OF THE WORK-
PLACE, 15-16 (Theodore J. St. Antoine ed.
2005).
See David P. Twomey & Marianne M. Jennings,
BUSINESS LAW, 22 (2"" ed. 2008).
See id. at 23.
Elkouri & Elkouri, supra note 72, at 171.
Id. at 173.
See id at 173-175.
St. Antoine, supra note 76, at 9. The Code of
Professional Responsibility for Arbitrators ofLabor-
Manogen^ent Disputes (2003) has been adopted
by the National Academy of Arbitrators, the
86. American Arbitration Association, and the Fed-
eral Mediation and Conciliation Service. Section
2.B.I of the code mandates that an arbitrator
"disclose directly... any current or past manage-
rial, representational, or consultive relationship
with any company or union" involved, and must
disclose "any pertinent pecuniary interest."
See Brief of Petitioners, 14 Penn Plaza LLC v.
Pyett, No.07-581, at 6, available at www.supre-
mecourtpreview.org, (asserting that "the Union
gained sizable wage and benefit enhancements, as
well as other favorable provisions, in exchange
for its agreement to arbitrate its members'
statutory employment claims" ).
Elkouri & Elkouri, supra note 72, at 213-217.
Id. at 217-219. See the Lilly Ledbetter Fair Pay Act
of 2009,42 U.S.C.§2000-a note (2009), (provid-
ing that every paycheck resulting from an earlier
discriminatory pay decision would constitute
a continuing violation of the Civil Rights Act
provided the employee filed charges within 180
day of the discriminatory paycheck).
See the 180-day and 300-day initial filing periods
of Title VII of the Civil Rights Act of 1964, 42.
U.S.C.§2000-5(e)(l)(2000).
87. aimer, 500 U.S. at 26.
Circuit City, 532 U.S. at 123.
14 Penn Plaza, 129 S. Ct. at 1469.
A union ordinarily does not breach its duty of
fair representation merely because it uses a
union representative rather than an attorney
to present the union's case at the arbitration
hearing. See Elkouri & Elkouri, supra note 72,
at 303. However, having bargained for the
right to arbitrate bargaining unit employees'
statutory employment discrimination claims, to
provide representation with a person without
legal training and experience may well be on
its face a violation of the union's duty of fair
representation.
Vaca V. Sipes 386 U.S. 171, 190 (1967).
See Laura J. Cooper, The Process of Process: The
Historical Development of Procedures in Labor
Arbitration, 2005 N.A.A. Proc. 19-20.
Id. at 20.
St. Antoine, supra note 76 at 12.
14 Penn Plaza, 129 S. Ct. at 1471.
9 U.S.C. §7(1994).
Id.
88. 9 U.S.C. § 10(1994).
Elkouri & Elkouri, supra note 72, at 341.
St. Anoine, supra note 76, at 32.
See Elkouri & Elkouri, supra note 72, 2008 Supp.
159.
See W. Daniel Boone, How to Have an Arbitration
Hearing In One Day or Less, 2007 N.A.A. Proc.
91-95.
See Crawford Group, Inc. v. Holekamp, 543 F.3d
971, 976 ( 8 " ' O r . 2008).
9 U.S.C. §§ 1-16(2006).
Circuit City Stores v. Adams, 532 U.S. 105
(2001).
14 Penn Plaza, 129 S. Ct. at 1471 n.lO.
9 U.S.C. § 10(2006).
9 U.S.C. § II (2006).
In Hall Street Associates, LLC v. Mattel, Inc., 552
U.S. 576 (2008), the Supreme Court rejected
enforcing additional grounds agreed to by the
parties for setting aside an award under the
FAA, including the ground that "the arbitrator's
conclusions of law were erroneous." Id. at 579.
The Court stated any other reading opens the
door to the full-bore legal and evidentiary ap-
89. peals that can "rende[r] informal arbitration
merely a prelude to a more cumbersome and
time-consuming judicial review process." Id.
at 588.
FED. R. CIV. P. 52(a).
Selected arbitration decisions are published by
numerous publishing houses serving as guidance
for parties in resolving grievances prior to arbi-
tration and as persuasive reasoning supportive
of a party's position in arbitration.
14PennP/aza, I29S. Ct. at 1471 (quotingMitsubi-
shi Motors Corp. v. Soler Chrysler-Plymouth,
Inc., 473 U.S. 614, 628(1985)).
14 Penn Plaza, 129 S. Ct. at 1479.
Under an arbitration clause modeled on the
Pyett clause, an employee asserting that he or
she has been discharged without just cause
and who is also claiming that the discharge was
the result of age discrimination, the arbitrator
will consider the facts and circumstances that
encompass both claims, and make a determi-
nation on the contractual just cause claim and
the contractual/statutory discrimination claim
of age discrimination. The employee will no
90. longer be able to bring a statutory claim in a
federal forum under Cardner-Denver after an
adverse arbitration decision on a contractual
claim. The matter is resolved in an expeditious,
timely and just manner, before an expert on
labor and employment law, with lower overall
costs for all. Should the employee be successful,
the employer can take expeditious corrective
action, and provide full statutory remedies
covering a much shorter time period and thus
lower damages. Moreover, the process is a
private one, and not a source of adverse public-
ity in the case of an adverse decision. Should
the employee be unsuccessful, the controversy
is resolved in a shorter period of time, with a
decision explaining why the claim lacked merit,
and the individual can move forward with his or
her life, short of the years that are sometimes
consumed in prolonged litigation.
See the discussion of the Cilmer precedent in part
N.B. of the text and the discussion of the Circuit
City precedent in part II.D. of the text.
Circuit City, S32 U.S. at 119.
A r e s o l u t i o n of the unfairness issues is
proposed in the Arbitration Fairness Act of
91. 2009, now pending before Congress, S. 931,
H.R. 1020, I I ' " Cong. (2009). The bill would
prohibit pre-dispute arbitration agreements
and would promulgate due process standards
to apply to "employment arbitration" cases.
The bill excludes coverage of a r b i t r a t i o n
provisions in collective bargaining agreements.
See Section 401.
See Brief of Petitioners, supra note 83.
66
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92. Contents The Internet saps the fall TV season 24 Lawyers circle
another medical device failure 25 ^ The high cost of being into
leather 26
Now girls can dress like their avatars 27 Briefs: Best Buy's
worst nightmare 28 Edited by James E. Ellis
Companies&lndustries
FortheUAW,
A Bargaining Dilemma
>• Some of the auto union's newest members receive poverty-
level pay
"The idea of middle-class wages... in manufacturing has been
over for a long time"
Preston Bunce, an assembly-line worker
at a GM sport-utility vehicle plant in Lan-
sing, Mich., is at the center of the upcom-
ing contract talks between the United
Auto Workers and U.S. automakers.
The 29-year-old father of two started in
2008 at $14 an hour and today makes
less than $16, a wage that he says is too
low to buy a home or purchase the SUV
93. he builds, a Chevrolet Traverse that sells
for more than $30,000. His mother, who
like Bunce's grandparents is a CM lifer,
makes double his wage for similar work
at a CM plant across town. "It is tough to
make ends meet," says Bunce, who also
works part-time installing windows and
siding when he can find extra work.
As the UAW bargains for a new
labor deal with CM, Ford Motor, and
Chrysler Group, a key question is how
much of a raise the union will demand
for workers such as Bunce. UAW Presi-
dent Bob King has a tough choice: He
can push for higher wages to secure
new workers a better standard of liv-
ing-as the union has for decades while
watching its membership shrink by
almost 80 percent since 1979, to barely
360,000 members-or he can keep pay
low and use the cheap wages as a carrot
to get carmakers to increase the number
of unionized U.S. jobs.