union awareness and positive labor relations presented by: stacey zartler labor relations counsel...
TRANSCRIPT
UNION AWARENESS AND
POSITIVE LABOR RELATIONS
Presented by:
Stacey Zartler
Labor Relations Counsel
Kindred Healthcare, Inc.
(415) 745-0940
LABOR RELATIONS IN LONG TERM HEALTHCARE
• Organized labor was energized by the Obama administration
• Union membership is rising in healthcare, while lowering in other industries
• The effects of the struggling economy and reduced reimbursement on wages and benefits have increased labor-management tension and vulnerability to union organizing
• Skilled nursing centers and small hospitals typically organized on a “one off” fashion due to poor management, lack of communication and lack of solid employee relations plans
0%
5%
10%
15%
20%
25%
30%
35%
40%
1983 1991 1994 1996 1998 2000 2002 2004 2006 2008 2010
Public
Private
UNION MEMBERSHIP AS A PERCENTAGE OF THE WORKFORCE
-300,000
200,000
700,000
1,200,000
1,700,000
2,200,000
1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 Oct-11
THE SEIU’S GROWTH CURVE- MOSTLY HEALTHCARE WORKERS
HOW DOES A UNION CHOOSE WHICH FACILITY TO ORGANIZE?
EMPLOYEES SEEK OUT UNIONS
Perceived injustices and perceived favoritism-
Employees feel ignored or neglected – especially night shift employees: “They aren’t listening to us”
- Employees have specific concerns that management is not addressing:
Lack of staffing, daily call-offs, work assignment equity-
Weak, disgruntled, stressed administration/ management-
Double-Edge Sword of ManagementOverly Permissive (subjectivity and alleged favoritism)
Overly Autocratic (us/them mentality) -
Employees working a second job with a union
SIGNS OF UNION ORGANIZING
• Increased complaints, grumbling, lower morale, questioning authority
• Language Changes (seniority, bumping, grievance, “rights”)• Employee clumping/huddling• Uncommon friendships/breaks in friendships• Whispers that stop when supervision comes• Employee division into groups/arguments• Employees no longer talk to supervisors about non-work things• A new leader appears (quoting)• More strangers in or around property• Employee lingering before or after shift• Papers being passed
THE UNION’S ORGANIZING GOALS
1. Get 30% of all employees or a smaller group at facility (CNAs, dietary, housekeeping) to sign an Union Authorization Card, A Legal Document that says the employee wants a union.
2. Present the cards to the National Labor Relations Board – an agency of the federal government, and then have an election.
3. Win the Election
4. Negotiate a Contract and Collect Dues from Employees
WHAT DOES A UNION PROMISE EMPLOYEES?
• Job security• To be the employees’ voice• To right all perceived injustices• To “stand up” to management • Higher wages and benefits • Increased respect• Involvement in patient care/staffing
decisions• Elimination or modification of work duties• End to favoritism• Rules that management MUST follow
WHAT CAN A UNION ACTUALLY GIVE EMPLOYEES?
Nothing that management cannot otherwise give without a Union
Nothing that Management does not agree to give during negotiations
Union Dues and Fee Bills
Strikes/Replacements
WHAT CAN MANAGEMENT PROMISE EMPLOYEES DURING A UNION CAMPAIGN?
ELECTIONS ARE VERY HARD TO WIN AT THE ELEVENTH HOUR
• Management who has not regularly and effectively been communicating with staff will find it nearly impossible to suddenly “get through to staff” during an organizing drive.
• Staff will attribute Management’s new attitude of concern as “Proof Positive” of the power of the union
• During the pre-election period, management is legally limited:• You may only communicate with staff in a manner
consistent with past practice • You cannot solicit feedback and complaints if you have not
done so before• You cannot make promises to give them higher wages,
benefits or that you will fix their problems (No “TIPS”)
MANAGEMENT GOALS
1. Improve relationships and communication with employees so that they don’t feel they need to have a third party communicate for them. Satisfied employees don’t sign union cards.
2. If cards are circulated, early management action before the union gets 30% (pay the union, they talk for you, you pay dues, no guarantees of anything better)
3. Win any NLRB Election
COMMON FACTORS IN FACILITIES WITH RECENT ORGANIZING DRIVES
• Poor communication with employees
• Leadership changes and turnover in key positions
• Perceived subjectivity and favoritism in daily decision-making
• Hostility among licensed staff
• Lack of true HR insertion
• Poor physical condition of break rooms and employee bathrooms (the little things)
• Lack of teambuilding (us/them mentality)
• Little promotion of employee recognition programs
• Night Shift Ignored
WHAT CAN WE DO BETTER AS LEADERS –DON’T DROP THE BALL!
THE NUMBER ONE PRIORITY: COMMUNICATION
• ASK• LISTEN• ACKNOWLEDGE• RESPOND• FOLLOW-UP
DON’T DROP THE BALL Ask-Listen-Acknowledge
• Find out what’s bugging your employees NOW
• Stress your availability/open door policy/suggestion boxes/HR
• Actively listen to what employees have to say
• Ask them questions so you understand
• Acknowledge that their concerns are important
• Acknowledge the “bad facts”
• Solicit employee input and feedback into decisions
• Make statements of respect and understanding • “Noemi, that’s a good point…..” • “John, I did not think about it that way before….”
DON’T DROP THE BALLRespond-Follow Up
Respond promptly to all concerns: - no matter how minor or trivial they seem to you- even when you know the response is not favorable- provide explanations (i.e. how you do staffing)- no mysteries- a word on promises
---This does NOT mean concerns will be resolved to
employees’ satisfaction: Listen, put yourself in their shoes, make good rational objective decisions and communicate your reasons
Check Back After You have Responded
DON’T DROP THE BALL(Waxing Philosophical)
HOW you communicate with employees can be as important that what you are saying to them
Little Things Make a Big Difference (a kind hello, a note of recognition sent to their home)
Golden Rule (treat as you would like to be treated)Silver (treat as you would treat a loved one)Platinum (treat as they want to be treated)
PEOPLE REMEMBER HOW YOU MADE THEM FEEL
WHERE DO WE GO NOW?
• The best defense to unionization is a proactive employee relations program which places a premium on communication
• It is easier to prevent a union organizing campaign then it is to respond to one
• Be proactive now – when you still have a chance
• Good employee relations flows to the bottom line and improves patient and resident care
