10 Essentials When Leading in a Unionized Environment

By Rose O. Sherman, EdD, RN, NEA-BC, FAAN

In July 1974, Congress gave private-sector healthcare employees the right to join unions. Since then, the number of nurses working under union contracts has steadily grown to 20%. National Nurses United is one of the nation’s largest unions, representing over 225,000 nurses. Other large unions include SEIU, the Teamsters, State Affiliates of ANA, and 1199.

As I conduct leadership development workshops, I find that many nurse managers working in unionized environments struggle with absenteeism, insubordination, and incivility more than their colleagues in non-unionized settings. Many tell me that nurses now request union representatives to be present in every conversation with their manager. One new leader told me, “As soon as I moved into leadership – I was recharacterized as the enemy. Every schedule I develop and every assignment I make is scrutinized. The union has done a very effective job of convincing nurses in our hospital that they alone truly advocate for the staff. It is exhausting.” 

I can understand this manager’s frustration. In my first leadership role, I had three union stewards who were part of our unit staff with 50% effort on their union activities and 50% on the nursing schedule. I learned valuable lessons from this early experience about what to do and what not to do as a leader.

Leading in a unionized environment presents unique challenges. Nurse managers who don’t fully understand their union contract can be run over by union stewards and become—in the words of attorney Scott Allan—roadkill. The following are ten essentials when managing in a unionized environment.

1. Read the union contract, especially the section on management rights. Most union contracts are long and have dozens of sections. Some parts of the contract are more important than others. One essential section is the management rights section, which outlines what you can and cannot do to effectively manage and staff your unit. The language is generally broad and often does not include some unwritten practices you may have put in place that could further limit your rights. Grievances sometimes arise from what is perceived as a “change in work conditions” not outlined in these management rights.
2. Understand the rules around overtime in the union contract. In non-union environments, overtime may be as straightforward as anything over full-time employment in a week. With union contracts, overtime rules are often more nuanced and include compensation for anything worked over a ten or 12-hour shift. It may also include any additional 24 hours or overtime, including any paid time off.
3. Pay attention to the staffing and scheduling language in the union contract. Contract language about staffing and scheduling can be tricky. Some contracts prohibit mandatory on-call and overtime. Introducing new roles like LPNs or Mobility Techs changes staffing patterns and should be discussed with union partners. With most contracts, when a schedule is posted, it has to be honored unless the staff member agrees in writing to the change.
4. Abide by the seniority rules outlined in the union contract. One of the toughest challenges for managers is the seniority rules in contracts. These rules may address floating protocols, rotation to other tours, vacation requests, and time off for holidays. Managers often feel that younger staff are at a disadvantage, and they have limited ability to make changes that would be perceived as fairer than straight seniority.
5. Know the “call out” guidelines outlined in the contract. Most contracts specify how employees should notify you about unplanned absences and how far in advance these calls should be made. You may not like the narrow timeframes in a contract, but you must abide by them.
6. Follow the progressive discipline process outlined in the contract. The disciplinary process in unionized environments and notification timelines are clearly laid out in contracts. Most contracts specify progressive discipline before termination, including verbal warnings, written warnings, suspension, and termination. As a manager, you must be careful not to skip steps, even if things take a long time.
7. Know that tensions rise during contract negotiations. Tensions tend to run high during contract negotiations, especially when contentious, and these situations are growing today. It is essential not to react emotionally to staff discussions and to follow the guidance given by your HR experts.
8. Understand your organizational process when employees file a grievance. If an employee disagrees with your action and believes it violates the contract, they may file a grievance against you. It is important not to get emotional about this and follow HR’s guidance regarding what information you may need to provide as part of the investigation. Serious grievances that go to arbitration can cost hospitals considerable money and fines, so nurse managers must understand what is in the contract.
9. Treat union shop stewards as partners. Although shop stewards may be employees of your organization, they are selected by the union membership and represent the union and its members. They have protections under the National Labor Relations Board. Some of their behavior might be considered insubordination if they worked in staff roles. They are generally held to different standards (they may use abusive language toward managers or question your credibility). The best strategy is to treat them as you would your manager peers and be very respectful of their role in your interactions.
10. Develop skills in managing meetings where employees have requested representation. Employees have the right to union representation in meetings about performance that may progress to disciplinary actions. Many nurse managers tell me today that some staff want the union representative present at every meeting, even career coaching sessions. Most labor relations experts advise that you err on allowing representation whether or not you believe it is necessary. Managers need to be prepared when they meet with a union representative and employee so the conversation does not go off track or become a shouting match. As a manager, you don’t have a choice in who is selected to represent the employee. If the meeting does get out of control, the best strategy is to stop the meeting and reschedule it after getting the advice of HR on how to proceed.

Leading in a unionized environment does require different leadership strategies. Some rules must be followed, and you may have less flexibility in individualizing what you can do for staff. The contract applies to all your staff – even in right-to-work states where nurses don’t necessarily have to belong to the union. The best strategy is to stay supportive and knowledgeable about your contract guidelines.

References

Allan, S.B. (2020). The Healthcare Manager’s Guide to Labor Relations.

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