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Frequently Asked
Questions
At The Massachusetts Nurses Association/New England Nurses
Association (MNA/NENA) we understand that taking those
first steps toward an improved environment for yourself, co-workers
and ultimately your patients can be difficult. You have questions
and concerns…and we have the answers.
What is the National Labor Relations
Act?
Passed by Congress in 1935, the National Labor Relations Act (NLRA)
protects the rights of employees to form, join or assist labor organizations,
to bargain collectively through representatives of their choosing,
and to engage in activities for the purpose of collective bargaining
or associated mutual aid or protection. In 1974 the Labor Management
Relations Act was amended to cover employees of nonprofit health
care institutions.
What is Collective Bargaining?
When a group of employees in a facility come together and organize
a union they gain the right to bargain collectively with their employer.
Organizing a union is a right that is protected under both state
and federal laws. Once unionized, members create a democratic workplace.
Through legally protected collective action and contract language,
members have the power to secure benefits and working conditions.
Collective bargaining is one of the many ways that nurses can enhance
their profession. Through collective bargaining, they can define
the scope of nursing practice, promote high standards of nursing
care, aggressively advocate for patients, and work with management
as equal partners to help ensure quality care for their patients.
Do you have to give notification before
going out on strike?
In health care there is a legally mandated ten day notice required
before you can strike, and there is involvement of federal mediators
who will try to bring the sides together to avoid a strike.
The decision to strike is made in a democratic manner where every
union member who is covered by the contract votes in a secret ballot
election on whether or not to strike. The decision to strike is
one of the most serious a union member can make. It is used with
caution, careful preparation, and only as a last resort. Almost
all union contracts are successfully negotiated without striking.
What are the advantages of joining a union?
The advantages of joining a union have long been identified. These
include better pension and health care benefits, contractual job
safety protections, increased employment security and safeguards
against arbitrary actions by their employers. Union members have
a voice in their workplace.
What are my legal rights when organizing
a union?
You have a legal right to organize under the NLRA, a federal law
that protects your right to talk to co-workers about organizing
a union before and after work; during breaks and meal periods; and
in situations at work where patients are not present.
Can I be fired for joining a union?
Federal law explicitly forbids employers from firing you for talking
about, supporting or joining a union. Furthermore, you cannot be
demoted, reprimanded or otherwise disciplined. Your employer cannot
threaten the loss of benefits should you unionize or promise benefits
to employees for anti-union activities.
How do I get the ball rolling on a union
in my facility?
Initially approach nurses with whom you feel comfortable, then
expand those talks to other co-workers to gauge the interest in
organizing at your facility. If you want to learn more about taking
the next steps toward forming a union in your facility, give MNA/NENA
a call. And don’t worry about the number of people attending
preliminary sessions – we will meet with groups as small as
two…anywhere, anytime. Call 800.822.2056, x777 or email enorton@mnarn.org.
Forming a union can seem complex, but MNA/NENA has trained, professional
organizers who will provide the information, advice and support
to make the process less intimidating.
Let us help put the “you” in union.
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