The NLRB recognizes that certain groups of employees who share a distinct community of interest are collectively represented in the bargaining unit. There has been an assumption and practice to include charge nurses in the bargaining unit with all other RN's. read more...

Now that the 5-member NLRB has shifted to a pro-management majority, the Board has started the process of reversing several policies that were put in place under the Clinton-appointed Board. read more...

But, unionization is not inevitable. There are many organizations that have a proven track record of not only thwarting union campaigns, but also, successfully implementing and maintaining union-avoidance initiatives. Just as healthcare organizations seek out and implement best practices in patient satisfaction and clinical outcomes, The Burke Group has developed and guided many hospitals through "best practices" in union avoidance. Organizations that foster environments where employees feel comfortable to share their perceptions' regarding compensation, benefits, working conditions, management interaction and employee communications will be able to target their messages to result in positive employee relations programs - and a union-free environment.

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Including charge nurses in the bargaining unit with all other RN's is currently being challenged by employers. Though the NLRB recognizes that groups of employees who share a distinct community of interest are collectively represented in a bargaining unit, there are those who believe there are special circumstances for nurses and, therefore, the usual rule does not apply.

The NLRB issued a memorandum inviting labor law attorneys to submit briefings to address three cases before the Board, which question the supervisory status of charge nurses or front line nurse managers. In NLRB v. Kentucky River Community Care (5/29/01), the Supreme Court held that the NLRB's current method of determining supervisory status of nurses is inconsistent with the NLRA, "holding that registered nurses who direct others are supervisors under the National Labor Relations Act." Specifically, the court concluded that by directing the work of others, charge nurses were "exercising independent judgment" needed to qualify them as supervisors.

Regarding the three cases, the Board seeks answers to the following questions:

1. What is the meaning of the term independent judgment?
2. What is the difference between the terms assign and direct?
3. What is the distinction between directing discrete tasks and directing other employees?
4. Is there "tension" between the Act's coverage of professional employee and its exclusion of supervisors?
5. What are the guidelines for determining the status of a person who supervises on some days and works as a non-supervisory employee on other days?
6. To what extent should the Board take into account self-regulation work teams?
7. What functions or authority would distinguish between straw bosses, leadmen, set-up men, and other minor supervisory employees whom Congress intended to include within the Act's protections?

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Now that the 5-member NLRB has shifted to a pro-management majority, the Board has started the process of reversing several policies that were put in place under the Clinton-appointed Board. The following decisions are likely to be overruled:

• Weingarten rights for union-free employees
• Standards in "salting" cases
• Employment status of graduate students and medical house staff
• Temporary employees included in the bargaining unit
• Mail ballots used in lieu of personal appearance
• Photographing and videotaping employees

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Healthcare News is a quarterly distribution from The Burke Group designed to give you current labor-related healthcare news. Drawing from our expertise and industry tenure, our columns will provide case reviews, statistical analyses and industry trends. For more information or to inquire about our services, please visit our Website, www.tbglabor.com, or call us at (800)77-BURKE.