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NLRB Resurrects Card-Check Under Joy Silk Mills

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August 25 – This morning the National Labor Relations Board (NLRB) took another giant leap in further restricting an employer’s right to respond to union organizing.

In their decision in Cemex Construction Materials Pacific, LLC., the board has announced their intention to return to rules applied under a case from the1940’s (Joy Silk Mills Inc., 1949).

In a nutshell, in Cemex, the Board lays out a new framework for determining when employers are required to bargain with unions, a framework the Board intends to apply retroactively:

  • “Under the new framework, when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative (through signed authorization cards), an employer must either recognize and bargain with the union or promptly file an RM petition seeking an election.”  
  • “However, if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition [for election] will be dismissed, and—rather than re-running the election—the Board will order the employer to recognize and bargain with the union.”

The Cemex decision is consistent with the position this Board has taken since General Counsel Jennifer Abruzzo took over as policy-maker at the agency. 

Under her direction, the NLRB’s posture has undergone a tectonic shift – from neutral arbiter of disputes between unions and management, to an agency that is squarely and unabashedly in the corner of organized labor (promoting union membership).

Mark Mix of The National Right to Work Foundation, which represents workers who oppose unionization, said “the card-check process revived by Friday’s ruling is prone to abuse and lacks the protections of secret ballot elections.” He went on to say, “the decision gives a blank check to unions to force workers into their ranks.”  

We agree!  

Stay tuned for more information and in-depth analysis of this and other developments at the NLRB.

Chessboard Authors the 2023 ASHHRA Healthcare Labor Activity Report

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January 11, 2023 – Happy New Year! We are pleased to announce that Chessboard has authored the 2023 ASHHRA Healthcare Labor Activity Report.

The new ASHHRA Healthcare Labor Activity Report is a comprehensive resource for healthcare human resources professionals and provides an accurate and timely analyses of union organizing activity in the healthcare industry, including what leaders need to know now to best prepare for an anticipated rise in healthcare union organizing in 2023.

This report comes with a PowerPoint presentation reflecting report highlights you can use for briefing your board of directors, senior leaders, or mid-level/front-line leaders.

The report and companion PowerPoint are free for ASHHRA members.

Click here to get your copy free for ASHHRA Members!

Seeking Advantage, Unions Blame Hospitals for Staffing Crisis

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January 20, 2021 – The COVID-19 crisis has impacted hospitals like nothing we have ever seen before. What started as a public health crisis has resulted in an unprecedented disruption of the entire healthcare workforce. In fact, the impact is so severe we will likely be dealing with staffing shortages for a significant period going forward – long after COVID subsides.

Unfortunately, our challenges are opportunities for unions like National Nurses United (NNU). The organizing team at NNU understands the addage, “Never let a good crisis go to waste.” So NNU leaders are working overtime to forward a false narrative that goes something like this: “Greed, on the part of healthcare leaders, is the real cause of the staffing crisis – not COVID-19.” Below are some examples of how the NNU is forwarding this false narrative:

  • December, 2020: NNU releases “Deadly Shame” videos and a report entitled, Deadly Shame: Addressing the Devaluation of Registered Nurse Labor through Pandemic Equity.
  • December, 2021: NNU releases a report entitled, Protecting Our Front Line: Ending the Shortage of Good Nursing Jobs and the Industry-Created Unsafe Staffing Crisis. 
  • January, 2022: NNU holds a National Day of Action press conference to demand the hospital industry invest in safe staffing, and to demand that President Biden follow through on his campaign promise to protect nurses and prioritize public health.”

From the beginning, NNU leaders have sought to use this crisis to spread the false and misleading narrative that somehow healthcare leaders are responsible for the current staffing crisis and that hospitals are deliberately understaffing patient care units to increase profits.

Yesterday, this narrative made its way into the opinion section of the New York Times in an article and video entitled: We Know the Real Cause of the Crisis in Our Hospitals. It’s Greed. (click here to read article)

Thankfully, the American Hospital Association quickly issued a response to set the record straight (click here to read the AHA response).

NNU leaders are trying to boost membership, dues income, and the political power of their union.

The challenges facing healthcare organizations and employees are real and we should honor and respect those who are on the frontline facing these challenges. At the same time, we should encourage our employees to question the motives of groups like the NNU, who seek to use the pandemic for their own financial and political gain.

Remember, the NNU is not seeking to foster unity – unity is not good for their business model. NNU organizers know that they have a much better chance of organizing thousands of new nurse members if staff nurses and nurse leaders are divided.

Unfortunately, the confusion and stress created by the pandemic has given the NNU a golden opportunity to create that division – and they seem determined not to let that opportunity go to waste.

Nurse unions – like NNU – betray the public trust when they put their own financial and political objectives above what’s really in the best interest of healthcare employees, patients, and communities.

Approval of Labor Unions Increases Slightly to 65%, Holds at 50 Year High

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Updated (09/09/2020)  This morning, in the midst of the COVID-19 pandemic, social unrest, and record high U.S. unemployment, the Gallup organization reported that approval of labor unions increased slightly year-over-year and holds steady at 65%.

In past years, we have noted a demonstrated inverse correlation between the unemployment rate and union approval.  In other words, as unemployment rises, approval of labor unions typically tends to fall.  Not this year!  

According to Gallup, this new data point could be bucking the trend because the American public is focusing on issues other than the economy. 

What are Americans focused on?  Gallup reports that overall satisfaction among Americans remains at historical lows (only 13% of Americans are satisfied with the way things are going). Simply put, public health and larger social issues are the main focus these days – and for good reason. 

A Change in Direction Would be Welcomed by Most Ameircans  


At Chessboard, we monitor and analyze the political landscape from the perspective that changes in political direction typically also result in changes in national labor policy. 

If the November election produces a change in party control within Washington, we will likely return to a regulatory environment that is more supportive of organized labor.  And, in the extreme, we could see passage of pro-labor legislation such as the PRO Act (Protecting the Right to Organize). 

Through it all, we will be here to help you make sense of, prepare for, and respond to any changes in labor policy.  Happy Labor Day!

 

As COVID-19 Ravages Communities, Unions Seek an Advantage

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Updated (05/25/20) – At this moment, COVID-19 has sickened millions in the U.S.  As the U.S. death toll approaches 100,000, healthcare employees are, understandably, confused and scared; the global pandemic threatens not only public health, but also economic well-being. 
 
Labor unions like the Service Employees International Union (SEIU) and National Nurses United (NNU) are working overtime to exploit COVID-19-related confusion and fear. Unions are not only criticizing healthcare leaders, they are demanding “more” when it comes to compensation, paid time off, and workplace safety.  The SEIU, for example, offers a “toolkit” which includes links for employees to download and customize their own list of COVID-19-related workplace demands.

And, as the crisis evolves for healthcare leaders and staff, four topics take center stage:   1) Personal Protective Equipment (PPE); 2) Expanded Paid Time Off (PTO); 3) “Hazard Pay”; and, 4) Refusal to Work Policies. 

Personal Protective Equipment:  Since mid-March many hospitals have gone beyond CDC guidelines and provided all patient-facing employees with PPE.  Still, confusion abounds. The scarcity of PPE is universal, prompting even the Joint Commission to issue a statement in support of healthcare workers bringing their own PPE from home. 

Expanded Paid Time Off:  Beyond protection for their own health and the health of their families, healthcare employees want to know their employer stands behind them if they get sick or are otherwise impacted by the pandemic (i.e., quarantined, low censused, furloughed, or laid off).  On March 31,the Hospital Corporation of America (HCA) announced dramatic safety and pay-protection measures for HCA employees.

Increased Compensation or “Hazard Pay”: The idea of “hazard pay” originated with non-healthcare employers like Amazon, Albertsons, Kroger, Safeway, and Whole Foods who decided to pay employees an additional $2.00 (or more) per hour as a bonus for working during the crisis.  Unions are now demanding increased pay and/or pay protection for healthcare workers (represented and non-represented). 

Refusal to Work:  While many healthcare employers now offer expanded PTO for employees impacted by COVID-19, in most cases, employees must first exhaust opportunities to be redeployed. Hospitals are now dealing with employees who refuse redeployment as well as a surge of complaints filed with local OSHA offices.

As always, we hope you find this information useful – please stay safe!

Gallup Survey Results: Union Approval 64%, Near 50-Year High

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Happy Labor Day! 

The folks at Gallup have published the results of their annual public opinion poll on support for labor unions. 

According to Gallup pollsters, “Sixty-four percent of Americans approve of labor unions, surpassing 60% for the third consecutive year and up 16 percentage points from its 2009 low point.” 

Pointing to the relationship between polling responses and the current unemployment rate, Gallup pollsters also reported that “the current 64% reading is one of the highest union approval ratings Gallup has recorded over the past 50 years, topped only in March 1999 (66%), August 1999 (65%) and August 2003 (65%) surveys.”   

Significantly, according to the most recent Gallup survey, support for unions is:

  • Higher among women (66%) vs. men (61%).
  • Highest among ages 18-34 (67%) vs. ages 35-54 (64%) and 55 + (61%).
  • Higher among college graduates (68%) vs. no college (58%).
  • Much higher among Democrats (82%) vs. Republicans (45%).

Union Push for Ratio Legislation Fails: What Hospital Leaders Should Do Now

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July 8, 2019

On May 31 2019, the Illinois General Assembly ended their legislative session in Springfield without seeing passage of House and Senate bills calling for mandated nurse-to-patient staffing ratios.  Illinois lawmakers, instead, focused their attention on passing legislation intended to boost the State’s much-needed revenue.  

Unfortunately, we have likely not seen the last of organized labor’s push for legislation to mandate fixed, unit-specific nurse-to-patient ratios in Illinois hospitals.  In fact, the current make up and direction of the Illinois General Assembly virtually ensures these legislative efforts will resurface when the General Assembly reconvenes in October 2019 and carrying through to future legislative sessions.   

Unions are Using Legislative Efforts to Target Illinois Nurses for Organizing
Of course, the two labor unions in Illinois that represent RNs (Illinois Nurses Association and National Nurses Organizing Committee/National Nurses United) support this staffing legislation and are working overtime to use their advocacy for the proposed new laws to attract and target registered nurses across the State (and especially in the greater Chicago area).  For example, in recent months, hospitals in Chicago’s south suburban region have reported trespassing by union organizers who attempt to visit patient care units to engage RNs directly in discussions about union advocacy (these visits have, predominately, been reported on night shifts and weekends).  

Organizers intentionally choose nights and weekend shifts for these visits because, in hospitals across Illinois, nursing leadership on these shifts is typically limited to Charge Nurses or House Supervisors who may lack the supervisory authority, ability and/or motivation to properly confront union organizers and enforce the hospital’s No Solicitation policy. 

Hospitals Should Boost Leadership Presence, Awareness and Skill
There are lots of good reasons for administrators to increase leadership presence on nights and weekends. For example, beyond consistent policy enforcement, strong and effective leadership leads to improved employee engagement.  To ensure your leaders have the ability to enforce hospital polices, and the skill and confidence to discuss Illinois’ proposed staffing legislation, we recommend the following actions:  

  • Review and revise job descriptions (and actual job duties) of night/off-shift leaders (e.g., permanent Charge Nurses, House Supervisors, etc.) to ensure leaders in these roles have “statutory supervisory authority” under the law and are equipped to enforce hospital policies;
  • Provide nursing leaders with refreshed training on union awareness, including training and education about Illinois’ proposed staffing legislation and research findings from California’s experience; and,
  • Implement purposeful leader rounding to increase interaction between leaders and staff, to advance understanding of organizational challenges/accomplishments and to facilitate rapid response to immediate issues of concern. 

Chessboard can support your organization in preparing leaders with the skills and confidence to effectively deal with the current climate of increased union organizing and union advocacy efforts.  Feel free to call or email us to learn more. 

Welcome to 2019: We are living in interesting times!

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January 1, 2019

At Chessboard, our continued focus is to support clients with resources and services that boost employee engagement, contributing to higher talent retention and lower vulnerability to union organizing.  And, as in years past, as we enter 2019 we see a variety of factors that represent opportunities and challenges for employers in the year ahead. 

As 2019 begins, a robust U.S. economy has resulted in a record low 3.7% unemployment rate – a long way from the peak of nearly 10% reached in 2010 during the Great Recession.  In the current prosperous climate, employees seem to prefer cooperation over conflict – suggested by a record low rate of union membership (total 2017 union membership was 10.7% and only 6.5% in the private sector).  And, while these data points imply a climate of workplace prosperity and peace, employers should take heed of potential storm clouds on the horizon:  

  • Recruitment and retention challenges will continue:  Employers in all industries cite recruitment and retention as a top challenge heading into 2019.  These issues are especially acute in the healthcare industry, with “recruitment and retention” cited as the top challenge for Chief Nurse Executives in 2019.
  • Public approval of labor unions is on the rise and highest among females, college graduates and millennials:  In the latest Gallup survey, public approval of labor unions registered another increase (62%, up from 61% in 2017).  Significantly, according to the Gallup survey, support for unions is higher among women (64%), college graduates (70%) and those ages 18-34 (65%).  Separately, research published in January 2018 by the MIT Worker Voice Project indicates that 48% of workers say they would join a union if they could, significantly higher than previous highs of 32% in 1995 and 33% in 1977.
  • The 2018 mid-term election outcomes will boost union influence in 2019:  With Democrats in control of the House in 2019, employers should expect an aggressive oversight and legislative agenda regarding labor and employment issues.  The newly elected House Democratic majority will likely focus on drafting legislation that supports a progressive narrative.  Such efforts will surely include the previously referenced proposal to increase the minimum wage but could also include proposals to expand family/sick leave and increase union rights (i.e., the Workplace Democracy Act).  And, while this proposed legislation is unlikely to be signed into law, it will stake out the Dem’s legislative priorities ahead of the 2020 election cycle.

Employers who thrive in this environment will be those who find new and creative ways to engage and involve employees.  Although providing competitive total compensation will remain important for attracting and retaining top talent, organizations that emphasize high-quality communication and actively engage employees to participate in shared decision-making are more likely to achieve the coveted “destination employer” status.