UNION AWARENESS
AND
POSITIVE LABOR RELATIONS
Presented by:
Stacey Zartler
Labor Relations Counsel
Kindred Healthcare, Inc.
(415) 745-0940
stacey.zartler@kindredhealthcare.com
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
UNION MEMBERSHIP
AS A PERCENTAGE OF THE WORKFORCE
40%
35%
30%
25%
Public
20%
Private
15%
10%
5%
0%
1983
1991
1994
1996
1998
2000
2002
2004
2006
2008
2010
THE SEIU’S GROWTH CURVEMOSTLY HEALTHCARE WORKERS
2,200,000
1,700,000
1,200,000
700,000
200,000
-300,000
1991
1993
1995
1997
1999
2001
2003
2005
2007
2009
Oct11
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 Management
Overly 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
• Poor physical condition
of break rooms and
employee bathrooms
(the little things)
• Lack of teambuilding
(us/them mentality)
• Hostility among licensed
staff
• Little promotion of
employee recognition
programs
• Lack of true HR insertion
• 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 BALL
Respond-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
The End
Questions?
Stacey Zartler
(415) 745-0940
stacey.zartler@kindredhealthcare.com