Labor Relations Project

Labor Relations Project Paper

Happy Trials, LLC is a medium-sized independent living home. It is an eldercare and a for-profit facility located in a suburban environment. Happy Trials reduced overtime allotments of its seasoned patient care staff and terminated several registered nurses to compete, to become more attractive, and to build on its long-term care for patients. The realignment happened because of the changing economy and patient access from the suburban areas to the city. Licensed Practical Nurses (LPNs) replaced registered nurses. LPNs received lower compensation and fewer benefits. LPNs later discovered that other health care facilities are unionized members and well represented by an experienced union business agent. Happy Trails are displeased because the facilities unionization has gotten LPNs' attention. Happy Trails and the LPNs are seeking advice. A-Team dissertation will explore some of the parameters associated with LPNs' decision, Happy Trails' solution, and address each of them in more details. In addition, this dissertation will also describe the basic labor laws as it pertains to each situation.

Unions are composed of no supervisory or no managerial employees, including part time workers (Bennett-Alexander & Hartman, 2007). One of the most important things a labor union can do is give voice to the disenfranchised and fight for those who have no powerful advocates. The union is always fighting an uphill battle to ensure that all working people are entitled to fair treatment and the means to earn a decent living. E. Bernard (2006), Executive Director of Harvard Trade Union Program, believes unions are an important part of how socialists seek to make economic-justice principles come alive. She believes in order for unions to succeed, they need to have a wider social vision. Pure and simply trade unionism is not possible. Most unionists recognized that politics is important to the labor movement. E. Bernard believes there is nothing that labor can win at the bargaining table that cannot be taking away by regulation, legislation, or political decision-making. It is urgent for organized labor and working people in general to organize on two fronts: politically, in the community through political parties and social movements, and industrially in the workplace through unions. Unionists cannot leave politics alone because politics will not leave unions alone (E. Bernard, 2006). We addressed LPNs rights in regards in forming a union. Pursuant to the National Labor Relations Act (NLRA 1935), or Wagner Act, LPNs have the right to organize labor unions. This act also helps LPNs to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands. Our firm did not advise LPNs to unionize; however, we gave LPNs the options whether to organize a union through references and procedures.

We informed LPNs that organizing and joining a union is a fundamental employment protection under federal and state labor laws. We also informed the LPNs the advantage and disadvantage of unionizing. The advantage of being in a union, as Woytinskey (1953) documented, is good deal of economic benefits to their members, including pension plans, various training opportunities, and heightened wages. Additionally, an employee, covered by a union contract is no longer employed "at will," meaning that the employee no longer can fire the employee for any reason or for no reason at all. Unions can negotiate vacation and sick pay, and health care coverage. Unions improve the working conditions and secure the working conditions. Through proper union representation, it can also improve job security with fair and independent grievance appeal process (Freeman, 1984). There are few disadvantages of joining a union. Pursuant to National Labor Relations Board (NLRB) (2007), joining a union can also have costs, like union dues and striking when needed. A union must be certified before it can force an employer to negotiate a collective agreement covering the employees it represents. Certification means that a union is given official permission from a labor board to act on behalf of a group of workers called a bargaining unit. The law protects workers and their unions from employer interference when they are requesting certification by a labor board. As mentioned by the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO, 2007), under current labor law, joining a union is more difficult than it should be. Generally, when a majority of workers at a worksite signify they want a union (by signing cards or a petition), the National Labor Relations Board sets up the election.

There are issues LPNs should consider during their organizing effort. LPNs should consider and discuss the lower compensation and fewer benefits received from Happy Trails.

Steps LPNs should follow to unionize. LPNs should attend meetings to learn about unionizing, devise organizing strategies and support each LPN. Congress has empowered the NLRB to conduct secret-ballot elections so employees may exercise a free choice whether a union should represent them for bargaining purposes. NLRB conducts a secret-ballot election only when a employees file petition requesting an election. LPNs should file their petition to the Regional Office in the area where the unit of employees is located. All Regional Offices have petition forms that are available on request and without cost. LPNs should review NLRB Petition Form NLRB-502 (NLRB, 2007). By mutual agreement of the two parties (employer and an LPN representative), an election process will be established either with the NLRB or through a card check process. Generally, in order to file a petition with the NLRB, evidence are accompanied with the petition demonstrating that the petition has the support of at least 30% of LPNs fellow employees (NLRB, 2007). This support usually will be in the form of dated signatures from interested employees who indicate by individual cards or signature sheets that they are interested in being represented by a particular union for the purpose of collective bargaining, or ending a union's representational role by having an election to achieve either purpose. The purpose of most petition filings is to have the NLRB conduct a government- sponsored election. The NLRB assigns a high priority to all election cases. Elections generally are held less then 50 days from the date a petition is filed. The final step in the processing of a petition through an election is for the NLRB to issue a formal certification of the union as the duly designated collective bargaining representative or a certification of the results of the election in the event the union does not receive the support of a majority of the unit employees. A Certification of Representative provides the union with the

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