from the definition of "employee", not requiring employers to bargain about their supervisors with a union, and not subjecting supervisors to union discipline for faithfully doing their duty as supervisors. Fourth, the New York Act permits a further conflict of interest, unlike the National Act, by allowing unions that repre sent other kinds of employees to represent hospital guards and even by allowing the same union to represent the hospital's guards and other employees at the same hospital. In this manner hospital security is weakened because a guard may not risk a fine or other discipline by his union, for example, apprehending one of his fellow union members who is stealing drugs from the hospital or stealing from its patients. Fifth, the New York Act permits a closed shop that requires an applicant for a job to be a member of the union before the hospital may employ him. The National Act permits only a union shop, that the employee may have to join the union after the hospital hires him. Sixth, and most important, the New York State Labor Relations Board has Balkanized hospitals into many small bar gaining units. Separate units may exist for (1) service employees (2) supervisors of service employees (3) maintenance employees (4) supervisors of maintenance employees (5) guards (6) supervisory guards (7) office and clerical employees (8) supervisors of office and clerical employees (9) technical employees (10) supervisors of technical employees (11) pharmacists (12) supervisory pharmacists (13) social workers (14) supervisory social workers (15) physical therapists (16) supervisory physical therapists (17) licensed practical nurses (18) registered nurses (19) supervisory nurses (20) dietitians (21) supervisory dietitians, and so on among the professionals, quasi-professional and para-professionals found in hospitals such as occupational therapists, recreational therapists, rehabilitation counsellors, chemists, bacteriologists, etc., and their supervisors. This fragmentization of hospital Needless to say, is a cause for labor strife as each union that represents a separate unit tries to leap-frog over the settlements other unions have made, or even to leap-frog over its own settlements, to the detriment of labor relations at hospitals. the National Labor Relations Board does not permit this kind of fragmentization at profit-making hospitals or even at companies such as General Motors. Seventh, unions can demand and get a representation election at New York hospitals in each of these units with only a token showing of interest based on the New York State Labor Relations Board's secret rule of thumb, while the National Board requires a showing of interest of at least 30% of the employees the union is seeking to represent. Labor Board elections, as you know, have an unsettling effect on employees and disrupt the hospitals' routine to the detriment of its patients. Eighth, the New York Act, unlike the National Act, permits more than one valid election each year, which multiplies unrest and disruption of hospital routine. Ninth, the New York Labor Board does not permit per manent replacements for economic strikers to vote in a representation election as does the National Board. Thus, persons who may never again work in a struck hospital may determine the outcome of an election there, but those who replace such strikers have no vote. Tenth, in any representation election involving two or more unions, if a majority of the employees do not vote against having any union represent them, the State Labor Board conducts a run-off election between the two unions with the most votes even if "no-union" received a plurality of the votes in the first election. The National Act on the other hand, requires that in run-off elections the choices shall be the choices in the first election that received the highest number of votes and one of those choices may be "no union". Eleventh, the New York Act, unlike the National Act, does not expressly provide that employees who become dissatisfied with their union may petition the Board to decertify that union. Twelfth, the New York Act imposes on both hospitals and unions compulsory arbitration not only of the interpretation or application of collective bargaining contracts, but of the terms and conditions of the contracts, themselves. Thus a total stranger, unfamiliar with the operations of a particular hospital or of hospitals generally may substitute his idea of what's fair and feasible on both the hospital and the employees whether they like it or not, and substitute his judgment for collective bargaining. The Congress should correct these inequities by giving non-profit hospitals, their employees and patients the protection of the National Act. Certainly they are entitled to no less than what the Congress has already given to profit-making hospitals and nursing homes, non-profit nursing homes, their patients and employees. Thank you very much for allowing me to appear before you and to express the views of the Association of Hospital Personnel Administrators of Greater New York. The Florida Hospital Association respectfully requests Sincerely, Back F. Monahan, Jr. JFMJr: jms Enclosure |