The ABCs of labor management

Today, many healthcare facilities co-exist with unions, a fact that makes collective bargaining agreements (CBAs) important. Considered by many employees to be their bible, a CBA is a contract written for a certain period of time and negotiated with the employer by union representatives and designated company employees. CBAs follow existing laws. Guidelines called "due process" must be followed in employee discipline situations. Overlooking even one of these guidelines can provide a loophole if a legal dispute should arise. An organizational chart is a representation of a department's chain of command. It presents a clear picture of how the department is run and is useful for employees who wish to make use of an open-door policy. An informal hearing is a meeting between an employee and the employer to make the employee aware of an existing problem. No disciplinary action is taken, but may be at a later date, if the problem continues. In a formal grievance discussion, the employee is made aware of an existing problem and discussion centers around resolving the issue. Under the Weingarten decision, an employee can refuse submit to an investigatory interview without union representation, if the employee reasonably believes disciplinary action will be taken. "Just cause," considered the basis for disciplinary actions, must contain basic elements and the necessary documentation to be valid. Without just cause, an attorney for the employee may find a technicality or loophhole in any ensuing hearing, civil action or arbitration. Managers must know a great deal about labor-related law. Sooner or later, many will face an employee situation where knowledge of the due process guidelines will be useful.