The End of the Right to Unions for Nurses


In California Governor Schwarznegger was going great guns, until he attacked the nurses. The nurse's union turned around and rallied to help defeat every single one of Schwarzneggers ballot initiatives.

It turns out that people generally like nurses more than they like Governators. And no one believes that nurses are overpaid fat cats sitting on their butts.

Enter the National Labor Relations Board - which is set to remove the right to belong to unions from all Registered Nurses. As Nathan Newman observes:

The core of the problem derives from the 1947 Taft-Hartley Act which denies labor rights to "supervisors", meaning that anyone deemed a supervisor can be fired at will if they say anything nice about unions or try to take action to support unions in their workplace.

Once upon a time, it was generally understood that a supervisor was someone who had some degree of power to hire and fire those below them, but the in a series of decisions, the courts and NLRB have expanded the meaning of supervisor to mean people who, because of their expertise, direct the actions of other employees in some way.

How far this goes has been disputed, but essentially since Registered Nurses often direct other hospital employees on what routine tasks need to happen for patients, the move is to strip RNs of their labor rights.

And here's the kicker-- once a group of nominal "supervisors" lose their labor rights and can be threatened with being fired, they are forced to become anti-union shock troops to spy on other employees and undermine unionization by other workers. So not only does this kind of decision threaten unions for RNs, it threatens the labor rights of workers throughout the health care industry.

Now the NLRB was originally set up to encourage unionization. But under Bush, somehow that isn't what has been happening. American Right at Work has a nice list of recent rulings...

  • July 2004: Graduate teaching and research assistants were deemed students and not employees, making them ineligible for NLRA protection.
  • September 2004: The Labor Board determined that disabled workers who receive rehabilitative services from employers should not be classified as workers and are, therefore, ineligible to form unions under the protections of federal law.
  • November 2004: Employees of temp agencies were barred from organizing with regular employees without both employer and agency permission.
  • November 2004: Prohibitions on communications between workers expressing displeasure over working conditions were ruled lawful and were no longer assumed to interfere with employee free speech.
  • LDecember 2004: A Labor Board decision weakened the legal protection against employer threats.
  • July 2005: The Labor Board allowed employers to ban off-duty fraternizing among co-workers.
  • August 2005: The Labor Board allowed employers to make unsubstantiated threats about what would happen if a union was formed.
  • May 2006: The Labor Board allowed employers to retaliate against workers who seek community support for their organizing campaigns.

The one that gets me the most is the "can't fraternize with co-workers after work."

They want to tell you you can't sleep with co-workers? I can understand that supervisors can't sleep with their underlings, and that sexual harassment is a no-go, but where I work if that rule stood there'd have been a lot less weddings.

But all in all this is a full fledged assault on unionization in the US. Which, not to put to fine a point on it, is a direct act on the Democratic party. Where unions are strong, Democrats win. They provide organizing spaces, organizers and money for Democrats. They are one of the few sets of organizations that is there day in day out - unlike so many Democatic operations which close shop as soon as an election is over.

It is also an assault of good wages for ordinary workers. In any industry where there is unionization, even if your shop isn't unionized, the threat of unionization helps keep wages up and treatment good. Employers always know that if they treat their workers too badly, the unions are waiting for a chance to get in the door.

But these rulings are administrative rulings. While nurses are rallying against this, there is really no pressure that can be put on an appointed board.

The correct political response to this is to turn to Democratic candidates for office in 2006, including every single House member, and to ask them to commit to overturning Taft-Hartley. Anyone who blinks, doesn't get the union endorsement, workers and votes they were expecting.

Because this isn't a small thing - losing 10% of all unionized workers to one ruling isn't business as usual. It's worth fighting, hard.

And as California demonstrated - without unions like the nurse's unions, Democrats would be in a world of hurt. This shouldn't be an issue where Democrats should be reluctant - they wouldn't just be protecting unions and helping workers keep good wages and working conditions - they'd be helping themselves.

As with the startling inability of many Democrats to read polls, however (yes: universal healthcare is supported by an outright majority. Yes most Americans want out of Iraq) we'll see whether or not Democrats have the necessary political instincts to defend themselves from a direct attack - or if what laughably passes for instinct in todays Democrats amounts to "roll over and expose my belly and pray the nice Republican won't gut me."


Ian Welsh July 11, 2006 - 11:34am

The nurses in California have huge, like mammoth support of the people and in the state house [except the Gropenator], in California, AND the teachers, firefighters and police.

I have traveled [just last October in fact] with the group in charge of the California Nurses Association [CNA] educating and organizing nurses about their rights.

They had patient to nurse ratios in hospitals instituted BY LAW in CA to protect patients and their own licenses due to the incredible lack of safety in the working conditions in hospitals. Research has shown that for every extra patient a nurse in the hospital has to care for over 5, each extra patient adds an increase risk of dying by 7% to every patient.

This is a HUGE issue. They are a major threat to the status quo of the [hospital] corporations, the insurance companies and lobbyists of every stripe. Due to the success with staffing ratios, they are moving on to universal healthcare and ELECTION REFORM.
Powerful people are really and truly scared, as well they might be...

These are some of the smartest, most savvy most powerful women I have ever met. One of the organizers is an RN and a JD and she is something to behold.

But everyone ought to be concerned with this issue, for if the nurses' power is allowed to be gutted in this way, NO ONE, NO MATTER WHO, IS SAFE IN A HOSPITAL. I can tell you stories that would horrify you. Which is the reason i no longer work in a hospital, and would NEVER, under any circumstances, allow a loved one to stay in a hospital alone. If any of you have had or knows someone who has had a problem with something happening in the hospital, if they told you somehow it wasn't their fault, unless you absolutely know better, it was in all likelyhood a lie. The coverups are appalling. kinda like Haditha and other happenings in Iraq.

"who would Jesus bomb?"

bernadene July 11, 2006 - 10:57pm

It'll only be a fight if the nurses refuse to obey that ruling.

Which, frankly, is what they should do.

But I've noticed Americans (and Canadians) suck at disobeying unjust laws. And modern unionists seem to forget that the right organize legally was won by organizing... illegally.

Ian Welsh July 11, 2006 - 11:08pm

I've been living here in Denmark for some four months now. Because I'm married to a Dane I receive most all the welfare benefits as any Dane, including the right to collective bargaining agreements. Collective agreements determine most of the terms and conditions enjoyed by Danish workers. I need to clarify the term welfare however. In Denmark, and the rest of the western world for that matter, welfare is defined as the social contract between the people and government which provides for society's "well being". In the US, the term welfare has a very negative connotation, usually referring exclusively to unemployment and/or those who “live” off government subsistence. I was certainly brought up to believe one should never go to the government for a “hand-out”, no matter how destitute. In Denmark, welfare has a very positive connotation, as its one of the main pillars of Danish society. Welfare includes of course, unemployment and disability benefits but also encompasses other little things like, hmm, universal health care and universal education. As I stated above, I receive most all benefits of the Danish welfare system. One of the conditions for entering the country was that my wife secure a bank loan of 57,000 Danish Kroner as a guarantee to the state which the state would then use should I need unemployment benefits during my first 7 years here. So, I’m not entitled to government paid unemployment but I am entitled to collective bargaining, health care, and education. Not bad, and pretty damn fair. In fact, I’ve taken advantage most all the Danish welfare system encompasses. My first job, working for a private school I enjoyed the right to collective bargaining. Yes, for a part time job. I’ve been awarded a seat to a graduate program which I won’t pay for. I’ve even enjoyed medical services which were second to none. I’ve got a national health card and all I need do is swipe it though a little machine (like a credit card machine) and that’s it for paperwork.
I think what makes the social contract here so cohesive is that it’s a universal social contract. Universal healthcare, universal education, universal collective bargaining, and yes, universal taxation!

stuart noble July 12, 2006 - 6:11am

Yes, the NLRB recognized the right of employers to ban fraternizing in the workplace. But they don't want to tell you who your friends are, unless you ignore the actual meaning of fraternizing, and friend. Anti-fraternizing policies prohibit one specific thing, sleeping with your co-workers. The reason? Sexual harassment claims. Someone sleeps with someone else, it ends badly, one person doesn't get a promotion, gets fired... and files a harassment claim. (Troll repellent: I'm not saying that sexual harassment doesn't exist - it does - just that in some cases, there was no harassment, just a relationship that ended badly)

Now, you may think it sucks that your employer can tell you that you can't sleep with your secretary, but in many states, that's the law. Did Guardsmark (the case you referenced above) have a harassment problem, or were they just seeking to avoid one? I have no idea - I do know that many companies don't have anti-fraternization policies, and if sleeping with your co-workers is that important to you, you should find one of those companies.

But while you could make an argument that the anti-fraternization policy was written in a way that it chilled conversations after work (a poor argument, IMHO - the average employee is going to say to his/her supervisor, 'does this mean that I can't go bowling with Bob?' and the supervisor is going to say, 'no, of course not - you just can't sleep with Bob.' so it isn't really an issue - and in some states, your right to go bowling with Bob is protected by statute, and in every state, your right to talk with Bob about forming a union is absolutely protected) - you can't fairly say that the NLRB is telling you who your friends can be - that's just scare tactics.

Read Guardsmark and see if I am right or wrong - or just look up fraternization or fraternize in a legal dictionary - but you really should correct your diary... you might scare some people who are already on your side, but that's about it...

unsub13 July 12, 2006 - 11:36am

Fair enough, I'll correct. Still, I gotta say, given the amount of affairs and marriages I've seen where I work, I still think it's really no one's business. If it escalates to sexual harrasment, a very different matter, it might be. Likewise if there's a supervisory relationship. But just between co-workers? None of the businesses's business.

But then I have libertarian tendencies. As far as I'm concerned when I'm off the clock, the company doesn't get to tell me what to do.

Ian Welsh July 12, 2006 - 11:59am

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