Management Campaigns and Union Organizing at KCOM-KOHC Medical - Assignment Example

A. Labor-Management Relationships Case Management Campaigns and Union Organizing at KCOM-KOHC Medical, Inc. Question 1a. * Communication Strategies: efforts to improve communication between managers and employees; and between top management and middle management. * Wage-Survey Strategy: initiation to conduct wage surveys to overhaul the organization’s compensation system. * Hiring Management Consulting Law Firm: to provide expert services on instituting anti-union tactics and to address the following concerns: - to determine how supervisors and managers feel about the union campaign - to identify the key issues - to develop appropriate training to supervisors and managers in designing strategies that would be respond to the union’s techniques, to wit: Dissemination of ‘Do’s and Don’ts of a union campaign’. A class on union authorization cards was given to management to answer questions raised by employees regarding authorization cards. Appeal for employees not to sign union authorization cards. Memorandum sent to address queries about union authorization cards. Conducted seminars to further improve communication skills. Putting into effect an anonymous call-in service for employees: ‘Hotline’ Publication of management supported, employee oriented weekly newsletter called Health Center Hotline. Focus on projecting the union as an ‘outsider’. Providing comparative contracts entered into by the union and other health related organizations. * Splinter Group Strategy: against the union and formed the Talk, Listen and Communicate Committee. * Dissemination of “Facts versus Rumors” Handout Strategy: to encourage setting information straight from management. * Filing of case with the National Labor Relations Board: to resolve conflicts of interests. * Repositioning Strategies: hiring of training manager to develop new employee handbook, orientation program, and other training programs for employees. * Ceasing of Discussion on Union Activities: all correspondences directed to employees. Question 1b. * Dr. H. Charles Moore, President of KCOM, sent a memorandum to all employees, appealing to them not to sign the union authorization cards: This is considered ULP in terms of coercing workers not to join unions or engage in legit union activities. * Terminating and transferring employees for union activity: This is a violation of the National Labor Relations Act in terms of parallel practices identified and categorized under “assigning difficult or dangerous work duties to discourage participation in union activities and firing or otherwise punishing workers for resigning union membership” (Employee Issues, 2011, p. par. 6). Question 2a. * Focus on issues tagged as “winning union campaigns”: encompassing wage problems, communication, job security, staffing levels, worker “floating” policies and employee grievance procedures. * Holding of secret organizational meetings: to orient union organizers with employees of the organization and assess potential officers for the union. * Signing of authorization cards: to signify membership in the union and attest to workers’ interest to represent them in collective bargaining agreements with the organization. * Posting of bulletin at strategic places: contained information on wages, vacations, sick leave provisions and benefits arranged and availed by members of the union in other institutions. * Educating employees on rights under the National Labor Relations Act: specifically referring to transferring and terminating employees for union activity. * Filing of ULP charges in behalf of the organization’s employees: to attest to the full support and belief in what the union stands for and to use up management consultants’ time to address these complaints instead of designing management anti-union strategies * Posting of Union President’s Letter: to shift the focus on their aim identified as “improving patient quality care through increasing staff” (Case Facts, p. 270). * Posting of leaflets addressing potential issues perceived to be raised by management: included counterarguments of managements’ anti-union tactics. * Posting of letters, posters containing cartoon caricatures: to depict management’s powerlessness in the presence of the union. * Publication of newsletter named Hope News: attempted “to improve the union’s outsider image by associating familiar names… and used to raise issues such as grievance procedures, floating and acuity levels” (Case Facts, p. 274). * Use of floating policy to gain participation of the nurses: used this strategy to indicate a form of harassment for the nurses to be assigned in areas outside their primary responsibilities and skills. * Frequent reminder using letters: used to remind employees that the union is committed to address original identified issues. * Gets the local press on its side: aired through local newspaper, radio and local television networks the mass terminations implemented by the organization. * Petitioned for an election: to determine the right of the employees in the organization to be represented by the union. * Used celebrity propaganda – “The Pope’s on our Side”: stressing the pope’s support for employees’ right to organize. * Sending letters and memo to re-establish relationship with KCOM employees: previously regarded as not to be included as part of the bargaining units for the representational hearing. Question 2b. * Filing of ULP charges which were used for the benefit of the union: “to provide some martyrs for the union’s cause by seizing on some unjust, ill-conceived, and recklessly reactive or vindictive disciplinary actions by the organization” (Case Facts, p. 280). * Distribution of leaflets that directly attack the campaign strategies of management: This is considered an ULP since they redirected the purpose of the union and pointed the blame on others instead of focusing on improving the welfare of employees. Question 3. * Definition of right-to-work law: “state labor law that permits someone to determine for himself/herself whether or not to join a labor union. The law avoids employers from making union membership a condition of employment” (Legal Explanations.com, 2007, p. 1). * Relevance of the right-to-work laws to this union organizing effort: Would give the employees the prerogative to discern what is best for them in terms of providing representation in issues that concern compensation and benefits. Would assist in designing appropriate strategies to be presented to management for the best interest of the employees. Would enable employees to weigh the benefits and costs of joining a union. Would create collaborative environment between the union and management on arriving at agreements on labor issues that would consider various stakeholders. “Essential to protecting the Constitutional right to freedom of association, as well as the common-law principle of private property ownership with regard to forcing workers to relinquish part of their paycheck to an external entity as a condition of employment” (Alliance for Worker Freedom, 2011, p. 1). Clarifications of the implications of the law should be evaluated given that “the presence of a RTW law may indicate a conflictual labor relations environment characterized by lack of trust, cooperation, and mutual agreement about work processes and outcomes” (Hogler, Shulman, & Weiler, 2004). Question 4a. Insufficient compensation (low wages): the needs theory promoted by Maslow, Herzberg aver that employees have categories of needs that have to be satisfied. A need ceases to be potent when it is met. When employees are not appropriately compensated, they could not afford to satisfy even their basic needs and therefore would find ways and means to address this through the union who can represent them to air their grievances. Lack of benefits and poor working conditions: consistent with the motivational theories especially of Herzberg where hygiene factors and satisfying factors are delineated, working conditions, compensation (money) and benefits are categorized as hygiene factors that produce no real growth in the worker’s motivation and input (Martires, 2003, p. 39) Question 4b. Three most relevant influences affecting whether employees may unionize: Wages: low wages usually influence employees to join a union to represent them in bargaining for increase in wages. Hours of Work: negotiating for fair hours of work and payment for overtime, as well as addressing the issue of floating schedules deemed prejudicial to nurses. Benefits: inclusion of benefits such as paid vacation leave credits, sick leaves, uniform, hospitalization and other benefits need to be evaluated in terms of fairness and equality among personnel. Question 4c. Three specific activities used by SEIU to organize the employees. Holding meetings: to orient employees and union members on their specific agenda. Posting letter, memorandum: to disseminate relevant information on issues that were discussed during meetings or any updates on pertinent events. Publication of Newsletter: to provide information on issues that need to be resolved and to gain the interest and sympathy of the employees on the advocacies of the union. Question 4d. Three specific activities management engaged in during the union organizing campaign (to deflect an employee vote in favor of unionization): Improving communication: efforts to improve communication between managers and employees; and between top management and middle management. This activity was enforced to solicit information from employees to be relayed to managers and enable management to resolve problems and issues. Wage-Survey Strategy: initiation to conduct wage surveys to overhaul the organization’s compensation system. The organization acknowledged the need to improve “wages, benefits and working conditions.. and explained why a wage and salary study was already being conducted” (Case Facts, p.273). Hiring Management Consulting Law Firm: to assist in designing antiunion tactics. The management consulting law firm was hired to serve the following purposes: “to determine how supervisors and managers felt about the union campaign, identify what they felt were the key issues, and use the information to develop the type of training to carry out the strategy that would be used” (Case Facts, p. 269). Question 4e. Issues involved in the determination of an appropriate bargaining unit by the NLRB: Scheduling problem: where hearing date was rescheduled several times (recess for several days and reconvened for February 16) (Case Facts, p. 278). Inclusion of bargaining units: SEIU proposed two bargaining units (professional versus non-professional workers) while the organization proposed three bargaining units (professional, service and maintenance, and non-professional workers). As indicated, the three bargaining units would increase the chance of management to win the representational hearing because of the inclusion of the nursing aides (identified to favor the union) among the service and maintenance (identified to support management) would counteract the strength of the nursing aides. Inclusion versus non-inclusion of KCOM employees: Union wanted KCOM employees not included as a bargaining unit while management admonished its inclusion to increase their percentage of winning the representational hearing. The management believed that the union did not have sufficient authorization cards given or availed by KCOM employees, and thereby, would weaken their position, if included among the bargaining units. Question 5. Likely outcome, if an election were held: Employees will vote against SEIU given that their support and accomplishments from the time that they were formed were only limited to the following: Not even one disciplinary action filed by the union against the organization was reversed by the NLRB (proving that management’s contentions were correct). Only five reversals were won out of 60 ULPs filed within the last one and a half years. Only one termination case was directly related to the union. The smear campaign using local press did not work to the advantage of the union but more to the advantage of management who gained the sympathy of the community (in mass terminations) due to financial difficulties. More union supporters were leaving the organization and the employees that are left are pro-management. New employees that were hired were not familiar with the union or what they stood for – supporting that the union’s strength and consistency in relaying and communicating their advocacies are indeed weak. References Alliance for Worker Freedom. (2011). Right-to-Work. Retrieved July 5, 2011, from http://www.workerfreedom.org/Right-to-Work-a2793 Employee Issues. (2011). Unfair Labor Practices. Retrieved July 5, 2011, from http://employeeissues.com/unfair_labor-practices.htm Hogler, R., Shulman, S., & Weiler, S. (2004). Right-to-Work Laws and Business Environments: An Analysis of State Labor Policy. Journal of Managerial Issues , Vol. 16. Legal Explanations.com. (2007). Right-to-Work Law. Retrieved July 5, 2011, from http://www.legal-explanations.com/definitions/right-to-work-law.htm Martires, C. (2003). Human Behavior in Organization. Quezon City: National Bookstore. Read More