Learning Team D
February 18, 2013
University of Phoenix
Labor Relations is a very delicate part of a business that should be properly reviewed and studied before implementing or changing a businesses conduct. Happy Trails is a medium-sized company that is trying to minimize cost to continue to serve its tenants with a cost effective service. Unfortunately cost has to be reviewed in all possible ways and strategies. We will be covering a few of the advantages and disadvantages of unionizing. A recommendation will be given to help guide Happy Trails. A review will also be conducted of the issues a union might raise during the organizing effort. The steps that should be covered by the LPN’s will also be presented. We will then present the labor practice that the LPN’s should avoid. We will then advise the independent living home management on what we feel they should do. We will cover the arguments and defense the hospital will rise to the unions organizing issues. Then we will take a look at what the company must do if they resist unionization. We will then see what unfair labor practices need to be avoided by management. We will finalize this paper by reviewing what activities Happy Trail management should and should not engage in. Advantages & Disadvantages
The advisement to unionize, or not, is a complicated stance. There are advantages and disadvantages on both sides of the decision. With a decision to unionize, the LPNs would be protected and guaranteed wages and certain work conditions. On the other hand, Unionizing immediately creates an adverse relationship between members and the employer sometimes out weighing the benefits. In the event that a group of employees has a community of interests coupled with concerns about their treatment as an employee by an employer for any reason, the employees have the right under the National Labor Relations Act (NLRA), (Bennett-Alexander & Hartman, 2007). Recommendation
In this case, the recommendation for the LPN’s would be to unionize. This would protect them from being over (or under) worked, insure that proper wages and entitlements were established, as well as make sure Happy Trails was not expecting or giving RN level care through the lesser qualified LPNs. Steps to Unionize
For the group of LPN’s at Happy Trails, the first step would be to contact the local healthcare union representative mentioned in the overview. This would be a perfect starting resource for information, questions and answers. This is also the step in which the union should become clear about what issues are important and expected to be addressed by the collective bargaining. For the LPN’s at Happy Trails, their issues should be concentrated on wages, minimum hours worked, overtime terms, benefits, as well as clearly understanding the scope of their expected duties.
Secondly, the LPN’s would need to decide to join an already established industry union, or to create a union of their own. In either case, a sufficient number of authorization cards (or petition signatures) must be acquired, and the union must be voted in during a union representation election, or by asking the employer to voluntarily recognize the union. The National Labor Relations Board supervises and the union election, and certifies the results (Bennett-Alexander & Hartman, 2007).
The last step is to win a strong union contract. The LPNs in this case would need to negotiate wages paid, overtime payment terms, benefits, and minimum expected hours worked. Any union is only as valuable as the contract agreed upon. Unfair Labor Practices that should be Avoided by the LPNs
Generally, most unfair labor practices are committed by the union or the employer. The only unfair labor practice the LPNs should avoid is to not try to coerce their fellow workers to join the union....
References: Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment law for business (5th ed.).
Boston, MA: McGraw-Hill. Ch. 14-Labor Law. Pg. 666 & 673.
Labor Union Statistics. Retrieved on February 17, 2013. http://www.bls.gov/ro9/unionca.htm
Thomas & Associates (2009). Avoiding Unions. Retrieved February 18, 2013 from http://www.employersattorneys.com/employment-law/California-employer-how-to- avoid-unions.html
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