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    Unionism in Happy Trails, LLC

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    Happy Trails, LLC

    The organization, Happy Trails, LLC, is a medium-sized, for-profit independent living home located in a suburban environment. Because of traffic and road congestion, this facility is the most convenient independent living home near the city. Independent living homes in the city offer many of the same services as Happy Trails, but are more expensive. There are also a number of hospitals that the elderly may go to for acute health care issues.

    In response to the changing economy and to patient access from the suburban areas to the city, Happy Trails has taken some measures to compete, become more attractive, and build on its long-term care for patients in the surrounding areas. It has reduced overtime allotments of its seasoned patient care staff, and has terminated several registered nurses. Registered nurses were replaced by licensed practical nurses (LPNs) who receive lower compensation and fewer benefits.

    The health care facilities in the city have unionized and are well represented by an experienced union business agent. The union has recently negotiated superior wages and benefits at the independent living homes in the city.

    The union representing the other facilities has gotten the attention of the Happy Trails LPNs, who are unhappy with their benefits. You are a member of a consulting firm. You are responsible for representing these LPNs and advising them regarding the following questions.

    Happy Trails' management team could engage in any number of activities
    during the unionization. Which of the following would you advise? Why or why

    ? Actively promote LPNs, offer bonuses, and place some into leadership and management roles.
    ? Tell employees salary increases will cease to finance the collective bargaining agreement.
    ? Explain current employee benefits to the LPNs and compare them to the union promises.
    ? Threaten to close the facility because of the union campaign.
    ? Assist in the circulation of anti union petitions.
    ? Counter union-exaggerated claims on flyers.
    ? Tell employees they do not need to talk to union organizers, that they can vote against the union, and that the independent living home does not welcome the union.
    ? Solicit employees to request the return of their authorization cards.
    ? Tell employees they will be replaced if they vote for the union.
    ? Appeal to the employees to defeat the union.

    o Include a description of the specific labor laws that cause you to include as you have on the forgoing, and why.
    ? Fully discuss your responses to each of the foregoing, and include applicable references

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    Solution Preview

    To guide you in answering the problem, you can use the following labor laws:

    United States Fair Labor Standards Act

    Sherman Antitrust Act

    National Labor Relations Act

    Taft-Hartley Act

    Based on the aforementioned reference you can argue the following:

    As a labor consultant representing the LPNs you can say that it is for the benefit of the LPNs to

    ? Actively promote licensed practical nurses (LPNs), offer bonuses, and place some into leadership and management roles.

    This one is reasonable and in consonance with the United States Fair Labor Standards Act (FLSA). The act establishes minimum wage, overtime pay, record keeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.

    The FLSA covers those employees who work for companies or organizations having two or more employees and doing at least $500,000 a year in business, or hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies.

    Effective July 24, 2007, the minimum wage is $5.85 per hour; as of July 24, 2008 it will be $6.55 per hour and on July 24, 2009 it ...

    Solution Summary

    This solution is about unionism in Happy Trails, LLC