Explore BrainMass

Federal Rules and Regulations for Union and Labor Laws

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

As the Assistant Director of Labor Relations for a 400-bed hospital, employing nearly 3,000 employees, of which 800 are registered nurses. The hospital is the largest hospital in the town of 102,000, competing with two other hospitals for scarce healthcare talent. You watch anxiously as the not-for-profit facility on the east side of town is under pressure from the Service Employees International Union (SEIU)-Healthcare to unionize based on wages and staffing ratios. You have been asked by the Chief Labor Counsel for your opinion on the next course of action for the hospital. Since your hospital is a non-profit healthcare institution, it's important to know the guidelines that not-for-profit organizations may encounter versus for-profit companies.

What are the key Federal rules and regulations that must be known by managers before the organizing is attempted by the SEIU?

Complete the following questions:
Provide a strategic plan to prepare managers for a potential organizing attempt by the SEIU.
Describe how these work related laws affect both employers and employees.
Provide specific examples and recommendations.
Provide recommendations if the hospital should look into organizing with SEIU and why

© BrainMass Inc. brainmass.com October 25, 2018, 10:02 am ad1c9bdddf

Solution Preview

This is not intended as an assignment completion.

Union organization in a nonprofit firm is possible. However, the organizers must consider any legal aspects of organizing. Nonprofit organizations are subject to oversight and adhere to local, state, and federal laws. The nonprofit must first pay attention to its own charter, which is a set of rules governing the purpose and objectives of the organization, as well as how objectives will be accomplished. The charter is typically specific in detail and must consider the legal aspects of a nonprofit organization's tax exempt (Federal) status. Under the tax exempt status, charity organization may participate in lobbying for a specific bill or legislation. However, the nonprofit cannot participate in any activity that shows support for a specific candidate, whether for a school board director at the
local level, or a presidential candidate at the Federal level. While nonprofit workers can unionize, they may also show support for a local candidate who is involved in promoting union membership.

However, the nonprofit organization itself participate in any activity that shows support for a candidate promoting unions. This means the organization must refrain from any discussion with its employees related to support of particular candidates, whether through literature, memos, or any other means of communication. Managers must also use caution in discussion with nonprofit employees, related to support of a candidate who promotes union organization (Cohen, 2013). Employees may show support of a pro-union candidate away from the facility where they work, in order to limit association of the organization with the candidate. Employees cannot be told how to vote away from the workplace.

All employees, regardless of working with a for profit or nonprofit organization, have the legal right to organize and campaign for union membership in their organization. This is based on the National Labor Relations Act (111th Congress, in Pro Bono Partnership, 2009). Many nonprofit workers, such as those working for county, state, and federal agencies that serve the public, are members of labor unions. They pay monthly dues and enjoy the benefits of union representation. Unions represent nonprofit workers in matters of hours worked, benefits (including health, vacation, and retirement benefits), and working conditions. Though nonprofit organizations are designed to promote the good of the community (large or small), this does not give them the authority to assume workers expect less from the employer. Nonprofit workers have families they must support and are entitled to the same standard of living as those working in similar jobs in for-profit organizations. While nonprofit employees may enjoy their work and want to feel like they are contributing to the greater good, they also expect to be treated fairly. This is why many government and non-government nonprofit workers participate in unions (Cohen, 2013). Nonprofit workers and labor experts believe that if unions didn't exist for many of these workers, the nonprofit organizations might attempt to take advantage of their service focused intentions, by paying lower wages, scheduling longer work days, and reducing benefits. Many non-governmental nonprofit organizations are also finding their workers benefit from union representation and the contract negotiations process may enhance employer-employee relationships, as nonprofit employers gain a better understanding of what their workers want and need from work.

While nonprofit employees can organization and encourage ...

See Also This Related BrainMass Solution

Human Resource Management: the whistle-blowing law and the FMLA : The laws ensure harmonious working relationship between the two.

There are laws in addition to enacted ones; and they are based on the rulings of the Industrial courts, Federal and or state tribunals setting out minimum terms and conditions of employment. Whistle-blower is a person who blows the whistle about the misconduct, malpractice, manipulation of accounts, unethical practices, frauds, flouting of rules and regulations corruption, absence or lack of safety to the health hazards of the employees particularly in discharge of their duties prevailing within the organization or the company employing him.

I need assistance ASAP with the below question, please.

In your own words, explain why employment laws are important. Specifically, the whistle-blowing law and the FMLA law (family medical leave act).: they are based on the rulings of the Industrial courts, Federal and or state tribunals setting out minimum terms and conditions of employment.

Normally they set out laws and rules relating to:-

Recruitment and selection;
Potential discriminative Acts and Decisions:-
Human Right and Equal Opportunities Commission Act (EEO)
Racial Discrimination Act
Sex Discrimination Act
Disability Discrimination Act (ADA).
And others.
Job Advertisement;
Job Application;
Occupational Health Safety requirements (OSHA);
Potential Legal Action;
Rights of the employees;
Duties and obligations of the employers;
Disciplinary rules and regulations;
Rules regarding pension/compensation and retirement and Retrenchment.

The law was historically enacted in 1863 during Civil War to penalize manufacturers who supplied sawdust in place of gunpowder in Union Army supplies.

The law allows a whistleblower by assuming the role of the government and to seek damages on behalf of the government. It has been adopted by twenty states.

The amended title 5 US Code provides enhanced protections to such persons, particularly if they are federal employees against prohibited personnel practices and or for other purposes.

A very important timely needed law called the Corporate and Criminal Fraud Accountability Act was enacted in 2002, also known as Sarbanes - Oxley Act of 2002, to extend protection to employees of publicly traded corporations from retaliation for reporting alleged violations of any of rules or regulations of the SEC, or any provision of Federal Law relating to fraud against shareholders.

The US office of Special Counsel receives, analyses and evaluates the disclosures made by past or present federal employees.

View Full Posting Details