Introduction
The unionization of the work force can be observed as early as the 1800s, during the time when the industrial revolution was spreading quickly across Europe and the United States. These labor unions, however, are not permanently established organizations. Rather, these are employees who temporarily group themselves when employment issues arise in order to gain leverage in bargaining with their employers (Murray, n.d., p. 2). Among the major issues that bring employees together according to scholars are improvement of working conditions, wages and job security; issues that are still relevant in the contemporary labor setting across all industries (Cengage Learning, n.d., p. 1). Labor unions developed to become permanent organizations and emerged as one of the most influential organizations in the 20th century. From local organizations, labor unions quickly developed into national organizations with links to other Labor Unions in other countries. Labor Unions became instrumental in the improvement of the employee-employer relationship. Their lobbying abilities paved the way for the conception and improvement of labor laws in the countries where they are present. As observed by scholars, where Labor Unions are firmly organized, it is also where “the rights of the people are most respected” (Cengage Learning, n.d., p. 2). Labor Unions, however, have gained notoriety for being associated with strikes and boycotts that sometimes result in losses and violence. Today, there is a common misconception that people who join labor unions are potential troublemakers. For the same reason, most employers discourage labor union membership and make union busting activities to prevent the unionization of their workers. Labor unions, however, engage in collective bargaining agreements with employers to improve the employees’ working conditions and compensation. In this regards, the poor working conditions experienced by healthcare providers, with special focus to the nursing profession, makes labor union membership a potential solution to the challenges of modern healthcare.
Significance of Labor Unions as Collective Bargaining Agents
Prior to the organization of labor unions, most employees, particularly workers in the manufacturing industry, find themselves in sweatshops working for low wages, under harsh working conditions, with no benefits and security of tenure. This scenario, however, reversed with the advent of labor unions. As Union membership significantly increased, the organization also became increasingly emboldened to challenge abusive employers. Many employers negotiate or were forced to negotiate in order to avoid demonstration and strikes. Some of these strikes, however, end up violently to the point that the government needs to intervene. Violent labor demonstrations and crippling strikes, however, resulted in major labor reforms. Many laws were passed that provided a legal framework, which would govern the employee-employer relationship in the modern era. In the United States, examples of such laws and their major provisions are:
The Railway Labor Act of 1926 – An Act that prohibited labor demonstrations that cripples state commerce.
The Norris la Guardia Act of 1932 – An Act that prohibits any laws that restricts labor unions from doing peaceful strikes and assemblies.
The National Labor Relations Act of 1935 – An Act that established the National Labor Relations Board (NLRB), an independent body mandated to serve as arbiter and enforcer of labor laws and collective bargaining agreements.
The Taft-Harley Act of 1947 – An Act that protects the rights of employers from unfair Labor Union practices. This act reaffirmed the right of the employers to choose whom to hire as well as litigate labor unions that violate the collective bargaining agreement.
The Labor Management Reporting and Disclosure Act (LMRDA) of 1959 – An Act that governs the internal laws of labor unions. It guarantees the right of employees to refuse or quit Union membership. It also guarantees the right of Union members to elect their leaders as well as sue their leaders and the organization for any wrongdoing.
These laws significantly changed the labor sector as it applies to all industries including the healthcare industry. These legislation are also a direct and indirect result of the labor union movement.
Labor Union in the Healthcare Industry
The National Labor Relations Act (NLRA) of 1935 paved the way workers to organize and join labor unions. However, it was not until 1967 when the National Labor Relations Board recognized the right of healthcare workers to join labor unions and make collective bargaining agreements with their employers (National Labor Relations Board, 2016). This right was further expanded in 1974 with the amendment of the NLRA, which recognized the involvement of profit and non-profit healthcare institutions in labor union activities. Among the rights that were provided under the NLRA are the right to organize labor unions; the right to become members of a labor union; and the right to refuse membership (National Labor Relations Board, 2016). While labor unions gained tremendous success in the manufacturing industry, the healthcare industry is perhaps one of the industries wherein labor unions have limited success. Unlike in other industries wherein workers are significantly exposed to unionization and where membership is almost automatic, the unionization of healthcare workers, particularly nurses, is almost non-existent.
The healthcare sector presents a unique challenge to the organization of labor union primarily because of the reticent attitude of healthcare workers towards unionization. Being highly skilled professionals, many health professionals may not find it necessary to be under the protection of labor unions. Recently, however, this lackluster approach to labor unions is about to change. Major changes and reforms in healthcare delivery, for instance, have increased the difficulty of working in a healthcare institution. This difficulty is manifested by the worsening retention issues experienced by the industry. On the average, three out of ten healthcare employees leave their job with an annual increase of 2% of staff resignation annually (American Health Care Association, 2011). According to research, the administrative, social services, and housekeeping positions in the healthcare industry is less prone to staff turnover while nurses have the highest turnover rate (American Health Care Association, 2011). Because of the retention problem, nurses, in particular, are experiencing extreme stresses at work making them a potential target for unionization. The rising costs of healthcare, the technological advances and the worsening personnel shortage in the healthcare industry have made the nursing profession more difficult than ever. In fact, according to studies, less than 50% continue with their nursing careers (American Health Care Association, 2011). The rest, leave the nursing profession permanently to find other line of work. Because of these challenges in healthcare delivery, healthcare employees, especially nurses, need to organize labor unions or become members of the existing labor unions more than ever in order to pressure healthcare institutions to address their professional needs.
Identifying Collective Bargaining Concern in the Healthcare Industry
In order to encourage healthcare professionals, especially nurses, to join labor unions, the factors that prevent them from joining one must first be identified. Consequently, these factors should serve as part of the objective of labor unions in their collective bargaining agreement. The lackluster reception of healthcare professionals towards Labor Union membership can be attributed to several factors. One of which is the stigma associated with labor unions. Healthcare professionals wish to avoid conflict with their employers and so they also become disinterested in joining labor unions to avoid being stigmatized as being anti-management. This negative perspective about labor unions is common to all industries and can be attributed to the rapid decline of labor union membership. Since 1979, labor union membership in the United States, for instance, have steadily declined. From 21 million in 1979, labor union membership in the United States has dropped to 14.8 million by 2015; a 30% drop over three decades (Bureau of Labor Statistics, 2016). With the lack of enthusiasm and support, labor unions find it difficult to organize in a healthcare environment.
Another challenge faced by any attempt to establish a labor union in a healthcare setting is the misaligned concerns of traditional labor union organizations in relation to the concerns of health care practitioners, most especially in the nursing and care giving profession. Researchers believe that the reason why most labor unions that targets to organize healthcare workers fail or have limited success is because their objectives does not coincide with the concerns of healthcare workers towards their work. The primary concern of nurses regardless of the health setting is to provide care and better life quality to the patient. According to experts, understanding the motivation of healthcare workers, especially nurses, helps to determine who is most likely to join a labor union (Lesmeister, 2013, p. 8). Labor union membership has also waned, especially in the healthcare sector, primarily because union membership in the modern era seems to be counterproductive. A type of sorting, for instance, is observed by scholars, that occurs in low-skilled and high-skilled occupations, which impacts their tendency to organize or join labor unions. High-skilled professionals tend to avoid union membership primarily because they can earn more in the non-unionized sector, while low-skilled individuals tend to favor labor union membership because it offers protection to their job security as unions can be “a buffer for lower skill workers whose incomes might not have grown otherwise” (Adler & Tilly, 2014, p. 3). Moreover, the increasing globalization has negatively impacted the bargaining power of employees and placed tremendous pressure to be more competitive. Low-skilled workers become submissive to their employers for fear of losing their jobs. They are also the ones who are more likely inclined to become union members because of the protection that the union offers. Employers, on the other hand, increase their bargaining power. As commonly observed, when threatened with labor disputes, employers reciprocate by threatening to “close down their plants and to move elsewhere” (Hessami & Baskaran, 2013, p. 2). Nurses in the healthcare sector may not experience a similar threat, but they are also significantly losing their bargaining power because healthcare institutions seem to ignore their concerns. Most nurses today are overworked yet underpaid and these issues are legitimate labor concerns, which can be resolved through the collective bargaining power of labor unions.
Conclusion
Labor Unions are an integral part of profit and non-profit organizations; representing workers or employees in creating a favorable collective bargaining agreement with employers. However, over the years, the labor unions have gained notoriety in their dealings with employers, which stigmatized its members as troublemakers. Such perspective, however, is only a misconception and negative stereotyping of labor unions. In fact, labor unions have made a significant contribution to bring about labor reforms that benefit all employees across all industries. Most people, however, find labor unions as irrelevant and counterproductive in industries that hire highly skilled professionals. Being highly skilled professionals, healthcare employees, particularly nurses, find that organizing or becoming a member of a labor union is unnecessary. This perspective, however, is about to change because of the changing landscape in the healthcare industry. Today, nurses are experiencing career difficulties because of the increasing demand for their services. Many nurses quit their job because they are underpaid yet overworked. Such concerns can be addressed by labor unions by raising such issues in the collective bargaining agreement. Today, nurses and healthcare employees need labor union membership more than ever in order to improve their working conditions. However, labor unions should also realize that nurses are equally concerned about delivering quality care to their patients, which if not delivered, can cause career frustrations. In the hopes of successfully organizing within the healthcare industry, the modern labor union, therefore, should consider a more comprehensive approach. The organization should not only focus on the aspect of improving working conditions, but also focus on career development initiatives such as lifelong training and education of health professionals as part of their collective bargaining agreement with the employers.
References
Adler, P., & Tilly, C. (2014). THE STATE OF THE UNIONS IN 2014. Retrieved from http://www.irle.ucla.edu/publications/documents/TheStateoftheUnions2014PA1.pdf
American Health Care Association. (2011). REPORT OF FINDINGS 2009 NURSING FACILITY STAFF RETENTION AND TURNOVER SURVEY. Retrieved from http://www.ahcancal.org/research_data/staffing/documents/staffsurvey_2009_full_report.pdf
Bureau of Labor Statistics. (2016). Union Members Summary. Retrieved from http://www.bls.gov/: http://www.bls.gov/news.release/union2.nr0.htm
Cengage Learning. (n.d.). Labor Unions and Collective Bargaining. Retrieved from http://www.cengage.com/resource_uploads/downloads/1111221464_263559.pdf
Hessami, Z., & Baskaran, T. (2013). The Demise of Labor Unions in the Era of Globalization. Retrieved from http://www.adapt.it/englishbulletin/docs/Hessami_Baskaran.pdf
Lesmeister, C. L. (2013). Explaining Political Activeness and Attitudes toward Unionization among Nurses in the United States. Retrieved from https://www.bemidjistate.edu/academics/departments/political-science/wp-content/uploads/sites/40/2015/05/crystal-thesis.pdf
Murray, G. (n.d.). A Brief History of Labor Unions in the United States. Retrieved from http://dp.hightechhigh.org/~aguerrero/Files/union%20intro.pdf
National Labor Relations Board. (2016). National Labor Relations Act. Retrieved from https://www.nlrb.gov/resources/national-labor-relations-act
