Health Care: Respecting Workers' Rights

Long union organizing campaigns frequently morph into passionate fights that leave anger and resentment with both management and workers. In December 2007, a Catholic hospital, Community Health Partners Regional Medical Center in Lorain, Ohio and the Service Employees International Union pulled off a uniquely fair election for union representation. The formula: the hospital and union agreed before hand to a respectful, non-confrontational and expedited process. Hospital management agreed not to conduct secret meetings with employees threatening recriminations against pro-union employees, and the union pledged not to vilify the hospital. Conclusion: three of the five proposed bargaining units rejected the union, but two voted to join. For the brief two-week campaign process, no grievances or unfair labor practices were filed.

This labor-management experiment demonstrated a sterling example that informed the guidelines promoted by the U.S. Catholic bishops for creating a fair process to guarantee workers their right to organize in accordance with Catholic teachings. Released in June the document, entitled “Respecting the Just Rights of Workers: Guidance and Options for Catholic Health Care and Unions,” attempts to find common ground and a respectful alternative acceptable to hospitals and unions.

“It is up to workers–not bishops, hospital managers, or union leaders–to decide how they will be represented in the workplace,” said Cardinal Theodore McCarrick, who chaired a dialogue to draft the guidelines between the USCCB, the Catholic Heath Association of the U.S., the AFL-CIO and SEIU. “Because Catholic Health Care is a ministry, not an industry, how it treats its workers and how organized labor treats Catholic Health Care...should reflect Catholic teaching on work and workers, health care and the common good.”

Basically, the Guidance and Options document discourages negative campaigning by either side preserving respect for each side’s organization and mission. It assures equal access to information from both sides and sets standards for truthfulness and balance in communications. It creates a pressure-free environment and allows workers to vote fairly and in a timely manner. Then, to ensure these principles, “local agreements” outline the rules at the beginning of the process and guarantee a pledge to honor the employees’ decision regardless of the outcome. Should the process get stuck, the guidelines call for a neutral party to resolve the disagreements.

To many the elements of respect, fair and timely process, equal access to information and a ban on coercive behavior appear as common sense. Yet, a study by Kate Bronfenbrenner of Cornell University finds that 92 percent of companies involved in organizing campaigns use mandatory meetings with employees, 78 percent require one-on-one sessions with supervisors and 75 percent hire “union avoidance” firms. In addition, even after workers vote in the union, 44 percent of companies never agree to a first contract, in effect nullifying the election by not cooperating.

Since management holds the balance of power under current labor practices, in most instances labor needs a legal remedy like the Employee Free Choice Act to level the playing field. The Guidance and Options process assumes integrity and honesty on both sides. It requires people of faith respecting the church’s social teachings and building trust to overcome the past acrimonious history of labor relations. It hinges on civil dialogue.

Bishop William Murphy, a participant of the Guidance and Options working committee, said, “This will require restraint and cooperation, new attitudes and behaviors by all those in our health care ministry–workers and managers, bishops and consumers.”

Hospitals heal the sick, but by respecting workers as authentic partners in the health care process, they can also heal some social injustice towards workers.

Rev. John S. Rausch is a Catholic priest who serves the people of the Appalachian region of the United States.