3 Strategies for Collaborating with Labor Unions

Union activity spiked in 2014, adding complexity to managing healthcare employees. Here's how to make union leadership your ally instead of a nemesis.

Unions might be coming soon to your hospital, if they're not already there, suggests Labor Activity in Health Care, the newly released report on union activity in healthcare updated semi-annually by the American Society for Healthcare Human Resources Administration (ASHHRA) and IRI Consultants.

Bolstered by new laws that buoy organized labor, union activity in hospitals is a growing trend. The federal Department of Labor reports that union membership in the United States climbed by 100,000 in 2014, to 14.6 million union members. In 2014, 359 petitions for union representation were filed within healthcare organizations. Unions were successful in 77% of 244 representation elections in the healthcare sector, making 2014 a very successful year for healthcare unions.

"Unions have become more active, certainly," says G. Roger King, senior labor lawyer and employment counsel at the HR Policy Association, an advocacy group for CHROs. King has counted many hospitals and health systems among his clients.

King attributes the increased activity to multiple factors. Upheaval in the healthcare industry stemming from the consolidation trend, hospital closures, and increased regulation around the PPACA and changes in delivery of care leading to uncertainty has benefitted union membership roasters, King says.

"People like to have certainty … and they may view union representation as an answer," he told me.

King also believes that the National Labor Relation Board's new election rule, which took effect in April, dramatically shortening the timeframe for holding a union election after a union's petition has been filed, has and will continue to benefit union growth.

Finally, concerns around staffing ratios and hot topics like flu shot mandates and fears around contagious diseases like Ebola and Lassa fever may have turned the attention of employees toward unions as well.

Getting past fear of unions
Few topics are as contentious and polarizing as union presence, or as daunting for human resources leadership to deal with.

"Unions create an additional layer of complexity, and make it so you have to deal with your employees through the union," says James G. Trivisonno, president of IRI Consultants and at-large member of ASHHRA's advocacy committee. "Union presence increases the risk of strikes. You're also looking at increased costs for administering labor agreements."

But union presence isn't the end of the world. In fact, it's possible to create a mutually beneficial rapport with them. "I think unions generally don't want conflict. Unions want to represent employees," says Trivisonno. "If your employees become unionized, accept that they became unionized. Don't fight it."

Here are a few different methods to foster a collaborative, rather than antagonistic, relationship with unions present in your hospital.

Strategy #1: Learn about unions
If unions are new to your hospital, or you've never worked in a "union shop" before, make sure you and your hospital's leadership understand unions. "Contact some expertise," suggests King, who says a frequent mistake he's seen is that hospitals often rely on the same employment lawyer they work with for typical employment issues. This is the time to bring out the big guns; many employment lawyers are woefully uneducated about union issues.

"Get somebody in there quickly who knows what they're doing," King says.

While you're at it, educate yourself on union methods and learn why they exist and appeal to employees. Make a genuine effort to understand their agenda and see their point of view. Make sure you're well-versed. "You don't want to be playing catch-up," King says.

Strategy #2: Find common causes
Perhaps the best way to befriend someone you've had a contentious relationship with is to work together to solve a problem. You will likely have ample opportunity to do this with your local union.

For example, some employees just won't agree with anything HR has to say—but they might feel differently about feedback or a "no" answer coming from a union steward.

"When an employee has an issue or a grievance, sometimes they're being unreasonable," says Trivisonno. "But if the union steward and the hospital are on same page, and the steward can explain from the union's standpoint and the employee's perspective why their position is unreasonable, they can help explain the problem to the employee. This can be a situation all parties work together to resolve."

Beyond soothing aggravated employees, union leadership can also explain contracts, educate workers about job safety, and help enlist employees (and sometimes, the community) in cases where it is mutually beneficial.

Strategy #3: Reach out
Don't hide behind your desk! This is one relationship you want to actively cultivate.

"Make sure you have a relationship with the union before problems start," King says. Make it clear to the union stewards that you want to maintain open lines of communication, and that they should feel free to come to you with any concerns they may have—preferably before these become serious, litigious affairs.

"You don't want to be defensive when talking to them. Be thoughtful of what you say, and be knowledgeable," he says. Joint trainings, mutually sponsored activities, and employee appreciation events can help grow your relationship and understanding with the union.

Managing members of a union can add a layer of complexity to HR's already labyrinthine duties, but it's important to remember that union leadership is primarily motivated by protecting their members, most of whom aren't looking for conflict. And unions have their purposes, King says.

"[Unions are] a good check and balance. Some people are very critical of unions, perhaps for good reason, but unions have been a part of our social fabric in this country for a long time and are part of our democracy," he says.

And it looks like unions are back in fashion—and likely to remain a part of the healthcare employment scene for the foreseeable future.