2009 ASHHRA Advocacy UpdatePresented by the Les Abercrombie, SPHR,

Chair, Advocacy Committee

Overview

Your AC Legislative Update Hill Visit 2009 Advocacy for the ASHHRA Leader

Your National Advocacy Committee Committee Members: Les Abercrombie, Chair Mike Paruta (Region 1) Marcia Telthorster (Region 2) Lee Byrd (Region 3) Jamie Parsons (Region 4) Doug Jontz (Region 5) Steve Hodges (Region 6) Open (Region 7) Barb Hodges (Region 8) Gail Blanchard-Saiger (Region 9) Roger King (At-Large) Staff Liaison: Stephanie Drake Staff Liaison: Cathy Sewell AHA Liaison: Carla Luggiero

Committee Charge

The Advocacy Committee monitors national and state legislative and labor developments and researches, develops, and promotes advocacy programs that represent the interests of the membership, human resources professionals, and the healthcare industry.

Labor Issues in the 111th CongressMarch, 2009

Washington Update

• Card check• Supervisor issue• Manual lifting• FMLA Expansions• Employer Neutrality• Block Nurse Immigration• Employment Verification• Ergonomics• Staffing ratios• Mandatory overtime

Labor ‘s “Wish List”

Labor PACs

• SEIU 22.1 million• AFSCME 11.5 million• Teamsters (IBT) 8.9 million• AFT (teachers) 7.5 million• Electrical workers (IBEW) 6.8 million• Postal workers (APWU) 5.5 million• Auto workers (UAW) 4.9 million• Food & commercial worker (UFCW) 4.9 million• NYS United Teachers 4.9 million• Communications workers (CWA) 4.5 million• IBEW Local Union 98 (Philadelphia) 4.1 million

PAC Spending PAC Spending January 1, 2007 thru August 21, 2008

Math on Card Check

• Democrats (58)…includes:– Two independents:

Joe Lieberman (CT)Bernie Sanders (VT)

• Republicans (41)

• Undecided– Minnesota

Coleman (R) vs. Franken (D)

Democrats Need 60 Democrats Need 60 to Stop Filibusterto Stop Filibuster

Math on Card Check

• Focus on potential Democrats up in 2010 and/or from right-to-work states*:

– Max Baucus (MT)– Evan Bayh (IN)– Michael Bennet (CO)– Jeff Bingaman (NM)– Kent Conrad (ND)*– Byron Dorgan (ND)*– Diane Feinstein (CA)– Kay Hagen (NC)*– Herb Kohl (WI)– Mary Landrieu (LA)*– Blanche Lincoln (AR)*– Claire McCaskill (MO)– Ben Nelson (NE)*– Mark Pryor (AR)*– Jon Tester (MT)– Mark Udall (CO)– Mark Warner (VA)*– Jim Webb (VA)*

FocusFocus• Ensure all Republicans remain

firm:– Susan Collins (ME)– Olympia Snowe (ME)– Arlen Specter (PA)– George Voinovich (OH)

FOR CLOTURE: 57AGAINST CLOTURE: 42

EFCA – HR 1409/S 560

“Card Check” Key Provisions

• H.R 1409/S. 560 introduced 3/10/09• Last Congress, passed House 241-185• Stalled in Senate on 6/26/07

– 51-48

• Veto threat• LABOR’S #1 PRIORITY

Employee “Free Choice” Act

Amends NLRA to allow a union to present a majority of union-solicited, signed union authorization cards directly to NLRB for certification as the employee’s exclusive bargaining representative.

Eliminates federally-supervised private election option under NLRB

Employee “Free Choice” Act

– 90 days of bargaining– and 30 days of federal mediation– Contract binding for 2 years

Mandates first-contract binding arbitration where the parties cannot or do not agree after 120 days

Employee “Free Choice” Act

– $20,000 per employer violation– Reinstatement with triple back-pay– Mandatory injunctions imposed for unfair labor

practices during organizing

Strengthens enforcement by imposing penalties and punitive sanctions rather than “make whole” remedies for employer violations

The Current System

• Current Law – Card Check Recognition– Union solicits

employee signatures on union authorization cards. Once union has collected minimum of 30% of all eligible workers, petitions NLRB for election. Employer may recognize union.

– If employer refuses to recognize union, NLRB schedules secret ballot election

• Current Law – Union Elections– Election generally

occurs 6 – 7 weeks after union files petition

– If majority of workers vote, through secret ballot, to support the union, company must begin bargaining with union

– If workers vote union down, union must cease organizing activities

“Card Check”

How “Card Check” would work under Employee Free Choice Act

• Organizers would solicit employee signatures on authorization cards

• Once cards signed by 50% plus 1 workers, employer and NLRB must immediately recognize union as exclusive bargaining agent for employees

• NLRB is barred from conducting election

Differences Between Current and Pending Laws

CURRENT NLRB PROCESS PROPOSED EFCA PROCESS

Secret ballot No secret ballot

No fear of social stigma or retributionPotential harassment, peer pressure

and retribution

Private voting Public knowledge of position

Opportunity to decide future thru voting process

May not have opportunity to decide destiny if not contacted by union

Procedural safeguards to ensure only votes that count are cast

No procedural safeguards against fraudulent cards

Government supervised process Union supervised process

Opportunity to accept or reject contract Employee removed from bargaining process

Organization and union mutually agree on contract terms

Arbitrator-imposed binding contract without an employee vote

EFCA’s Prospects in the Present Congress

• At least seven (7) Democratic Senators have recently stated that they cannot support EFCA in its present form—Senator Voinovich is a “No” on EFCA and Senator Brown from Ohio is a “Yes.”

• Potential compromise in addition to Canadian style expedited elections is a graduated card check approach, i.e., 50% to 75% card signing only would trigger an election. Cards submitted in excess of 75% would bypass the election process and require employer recognition.

• Is EFCA a “stalking horse” for other labor friendly legislation or regulation, e.g., Obama’s 2009 new Executive Orders?

• Obama administration priorities and timing

Employee Free Choice Act

• Coalition established to:– Educate members of Congress re:

impact of bill on employers– Develop a coordinated lobbying effort– Education the public

• www.myprivateballot.org

“RESPECT” Act

Key Provisions

• Removes “assigning” and “directing” other staff from functions of “supervisor” under NLRA

• Majority of supervisor’s work time spent on remaining statutory duties

Alters Definition of “Supervisor” under NLRA to enable them to be union-eligible

“RESPECT” Act

The term “supervisor” means any individual having authority, in the interest of the employer and for a majority of the individual’s worktime, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. [29 USC §152(11)]

“RESPECT” Act

• AHA/ASHHRA View

– Current labor law is not broken. NLRB decision strikes a reasonable balance in setting criteria for employee vs. supervisor

– Bill undermines hospitals’ ability to depend on charge nurse to ensure continuity of care

– Will adversely affect patient care in the event of labor strike

Nurse and Patient Safety and Protection Act of 2007

Key Provisions

• Requires OSHA to establish a federal standard to eliminate all manual lifting of patients

• Applies to all health care facilities• Establishes “whistleblower” protections,

civil penalties

Nurse and Patient Safety and Protection Act of 2007

AHA/ASHHRA View

• Protecting our health care staff is a top priority

• This is an unreasonably strict approach that could jeopardize proper patient care

• Caregivers must have flexibility in making decisions about patient care

FMLA Expansions

• Requires employers to negotiate employee requests which relate to:

– Number of required work hours– Times employee is required to work– Where employee is required to work

Working Families Flexibility Act

Working Families Flexibility Act

• Establishes an extensive appeals process if employee’s request is denied

• Employee can trigger a U.S. Department of Labor investigation, ALJ hearing and a federal civil action filed in federal court of appeals

• Establishes Remedies against employer

Employer Neutrality in Union Organizing

• Includes a provision giving employers a tax incentive who voluntarily agree to remain “neutral” on union matters during a union organizing campaign.

The Patriot Employers Act

Other Labor Issues

Ergonomics

Restrictions on Overtime

Staffing ratios

Advocacy Committee Hill Visit May 18-19, 2009

Collaborate with American Hospital Association Partner with SHRM Government Affairs Meet with 20+ Senators/Representatives and

staff Advocate on 4 key issues

– Protecting employees right to a Secret Ballot– RESPECT Act– Workforce challenges– Protecting Caregivers’ heath and preventing injury

Raise Your Voice!

Familiarize yourself with the Advocacy Process Understand what is happening on a Federal and

State Level Linkage with National AC Set up Chapter AC Work collaboratively with your state hospital

association. Advocate on the Legislative Issues that impact the

issues important to the health care community Get involved

Advocacy ResourcesNational resources:ASHHRA - http://www.ashhra.org

American Hospital Association - http://www.aha.org

State resources:Your State Hospital AssociationYour State LegislatureYour State ASHHRA ChapterYour State and Local Chambers of Commerce

June 24 – 2009 Hill visit webinarHalloween pre-conference sessionDecember 3 – Advocacy 101 webinarPulse ArticlesWebsiteOnline community

Raise Your Voice!

Familiarize yourself with the Advocacy Process Understand what is happening on a Federal and

involved State Level Linkage with National AC Set up Chapter AC Work collaboratively with your state hospital

association. Advocate on the Legislative Issues that impact the

issues important to the health care community Get

Raise Your Voice!

Familiarize yourself with the Advocacy Process Understand what is happening on a Federal and

State Level Linkage with National AC Set up Chapter AC Work collaboratively with your state hospital

association. Advocate on the Legislative Issues that impact the

issues important to the health care community Get involved