Organizing and Collective Bargaining

2009 Negotiating Committee

"Section 7. Right of employees as to organization, collective bargaining, etc.

Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."

If your employer violates your Section 7 rights to self-organization, it is considered an "Unfair Labor Practice" (ULP). Here is a short list of what that means in practice:

Campaigning
You have a right to campaign for a union during non-working times in non-work areas. If you are allowed to talk about non-work topics on the job, then you may also talk about the union.

The National Labor Relations Board (the Board) has adopted a few more strict controls for hospitals out of consideration for patients. Often, nurses are prevented from soliciting for the union or wearing union pins in patient care areas. However, these rules must be strictly enforced to all employees, not just the pro-union ones.

Discharges and Discipline
The hospital may not discriminate against an employee to discourage union activity by firing or demoting a nurse. Since any charge against the employer must prove they were aware of union support when they did the firing, it may be safer for you to be outwardly and loudly pro-union. That way your employer can't claim they didn't know you were a supporter.

Interrogation
It is a ULP for management to question you about your union sympathies. If you are called in to a meeting with management, you have the right to bring in a coworker for protection.

Threats
Your employer may criticize a union, even to the point of making untrue statements. However, it is unlawful for them to threaten to retaliate against employees for supporting the union.

Raises and Benefits
Raises or promises of raises are illegal if they are used as a bribe to prevent unionization. It is rare, however, for charges to be filed for this behavior.

Union Support
Your employer may not provide support to a particular union as a way of discouraging independent union activity, to protect against company-dominated unions and corruption.

Violations
If any of these rights are violated, the hospital has committed a ULP and the union or the nurse can file a claim against them at the Board. The Board will send an investigator and look over the evidence on both sides. It is important to keep accurate and detailed records to present to the Board and strengthen your case.