Protect Nurses' Union Rights

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Make Your Voice Heard!

Protect Nurses' Union Rights

As a fully staffed National Labor Relations Board (NLRB) convenes, we could be facing the most dangerous decision to affect nurses’ union rights and patient advocacy in decades. The NLRB is expected to rule in the months ahead on a number of cases asking for a determination on the definition of a supervisor; nurses who serve in a charge nurse role are in danger of being reclassified as supervisory, thus losing their union protection.

UAN and other AFL-CIO nurse unions are calling on members of Congress to urge NLRB Chairman Robert Battista to hold oral arguments on this case before issuing a ruling.

Make your voice heard—urge your Congressional representatives to tell Chairman Battista that nurses must be heard on this important issue, which could affect your ability to speak out on behalf of your patients.

Sample Letter for Campaign

Subject: RNs' Rights at Risk

Dear [ Decision Maker ] ,

I am writing to you as your constituent and a registered nurse who cares for patients at the bedside. I also am a union member who values the protection of my union every time I advocate for my patients, as I am ethically obligated to do as a nurse.

The union rights of registered nurses may be threatened as early as this summer by a decision from the National Labor Relations Board on three cases (Golden Crest Healthcare Center, Oakwood Healthcare Inc., and Croft Metals Inc) involving whether RNs who serve as charge nurses are supervisors. If the NLRB rules that charge nurses are supervisors, hundreds of thousands of RNs could stand to lose the union protections we have fought for and face discipline or termination if they engage in union activities.

Serving as a charge nurse is a position many RNs take or are instructed to take, though it is not a position we can apply for, nor can we evaluate or manage other workers, as a supervisor would. Serving as charge nurse may be a role you assume for only a few hours a month or a few days a year. You may take on the responsibility only to fill in for someone else who is out.

Oral arguments in these cases will ensure that the voices of nurses and their patients will be heard. I strongly urge you to write to NLRB Chairman Robert Battista, and ask that he hold oral arguments regarding the case before issuing a ruling. I look forward to your response to my request at your earliest convenience. If you have questions or need further information, please call Jay Witter at the United American Nurses at (301) 628-5081.

Thank you for your attention to this important matter.

Sincerely,

Campaign Launched:
May 18, 2006

Background Information

Background

The NLRB faces a backlog of about 200 cases, including 60 involving nurses—and one directly involving UAN--asking for determination on the definition of a supervisor. This follows a 2001 Supreme Court ruling that those employees who exercise “independent judgment,” such as charge nurses, can in some cases be classified as supervisors and therefore ineligible to organize and bargain under the National Labor Relations Act.

The NLRB has indicated that the so-called “Kentucky River” cases (so named for the plaintiff in the 2001 Supreme Court case) will be among the first it considers. With the current make-up of the NLRB (3 Republicans and 2 Democrats) and political climate, we do not expect a favorable decision.

UAN and other unions are exploring many strategies to protect nurses’ union rights, from public education campaigns to Congressional intervention. We need your help—and the help of Congress—to defend nurses against a bad ruling.