by Leigh Strope, AP Labor Writer
June 25, 2001
WASHINGTON The AFL-CIO is trying to add two unions as
members just months after suffering a major blow when one of the
nation's largest construction unions left the labor alliance.
The United American Nurses, which has 100,000 nurses as the labor
arm of the American Nurses Association, is expected to approve
the AFL-CIO charter at Thursday's vote, said spokeswoman Suzanne
Martin.
The California School Employees Association, which represents
more than 190,000 public school workers in that state, will vote
on an independent charter at its annual conference that starts
July 30. Whether it will join the AFL-CIO is less certain.
The AFL-CIO already has agreed to accept the new affiliates a
move that coincides with President John Sweeney's re-election
bid.
Sweeney was elected in 1995 on a promise to rebuild declining
union membership, but the percentage of American workers
belonging to unions fell last year to 13.5 percent, or 13 million
the lowest in six decades.
The AFL-CIO is down to 64 union affiliates after the March
departure of the United Brotherhood of Carpenters, which had
nearly 324,000 members last year. The union left because it
wanted the AFL-CIO to put more financial emphasis on organizing
instead of politics.
Bob Welsh, the AFL-CIO's chief of staff and executive assistant
to Sweeney, sidestepped the question of timing with the new
charters and Sweeney's re-election.
"Everything we do is in preparation for an election,"
Welsh said. "We're a political organization." Both
charters have been in the works for a while, he said.
New AFL-CIO affiliations have been infrequent. The Air Traffic
Controllers Association was granted an independent charter about
two years ago. Before that, several new members joined in the
1980s that were previous affiliates, such as the Teamsters and
the United Auto Workers.
The new charters don't only benefit the AFL-CIO. Such affiliation
comes with special protections from raids by other AFL-CIO unions
seeking more members.
That's important to the California School Employees Association,
which has fought such unions as the American Federation of
Teachers.
"We spend a significant amount of money battling other
unions," said CSEA spokesman Frank Polito. "With a
federal government that we see as not education or labor
friendly, it doesn't make sense. They're incredibly divisive
events, almost like a civil war. And we've clearly reached a
point where this has to stop."
Nurses also have been a big organizational target for a range of
AFL-CIO unions, including the AFT, Service Employees
International Union and United Food and Commercial Workers. A
charter for the United American Nurses would prevent those unions
from raiding its membership.
AFL-CIO membership also brings political resources to national
heath care and education issues that are important to both the
nurses and public school employees.
"They become part of a large organization that has
significant political clout and connections," said Rick
Hurd, Cornell University's director of labor studies. "For
both these unions, politics is very important."
But affiliation by the school workers union is uncertain.
"There is a lot of debate," Polito said. "There
are concerns by our members about having to pay dues and what
that means budgetarily, and some of our members are concerned we
won't have a national voice."
© 2001 The Associated Press
----------------------------
___________________________________
In The Matter Of:
UNITED AMERICAN NURSES
Jay Mazur
Pat Friend
Mike Sacco
___________________________________
Article III, Section 4 of the AFL-CIO Constitution authorizes
the Executive Council to ³issue charters or certificates of
affiliation to other organizations desiring to affiliate with
th[e] Federation.² This power may be delegated to the President.
Approximately 20 national and international unions have chartered
(or rechartered) directly as new affiliates over the past 43
years since the merger of the AFL and the CIO. Several have
subsequently merged or consolidated in some fashion with other
affiliates.
In 1997-1998, discussions of when and under what conditions an
independent charter should be granted occurred in two forums. And
ad hoc committee to consider chartering policy, headed by Vice
President Doug Dority, and the Committee 2000 (recently re-named
³Committee on the Future²) both rejected the notion that a
single formula can be applied in standard fashion to any and all
such applications. Starting with the general principle that
non-AFL-CIO unions should be encouraged to find merger or
affiliation partners with existing affiliates as a means of entry
into the Federation, the committees urged that exceptions to this
rule would have to be evaluated on a case-by-case basis.
Moreover, such case-by-case consideration must be undertaken with
an understanding that the weight accorded to the relevant
criteria may well vary from one situation to another.
A Special Committee on National Charters, consisting of former
Executive Council members, was convened in 1998 to review the
proposed direct affiliation of the National Air Traffic
Controllers Association. The Special Committee examined the
issue of direct affiliations and identified certain factors to be
assessed in reviewing such applications.
The Special Committee began by reiterating one of the core
purposes of the AFL-CIO, set forth explicitly in Article II of
its Constitution: to ³affiliate national and international
unions with this Federation and to establish such unions.²
According to the Committee, this goal is grounded on the
underlying premise ³that the strength of the labor movement lies
in its size, in its diversity, and in its ability to more
effectively carry out hit basic missions when acting in
collective fashion.² The Committee recognized that this core
purpose must necessarily be balanced with the Federation¹s
policy to deny an independent charter when the independent union
could instead achieve AFL-CIO affiliation by affiliating with an
existing AFL-CIO national or international union. The Federation
has strongly and consistently encouraged voluntary mergers and
affiliations among affiliates for a variety of reasons, including
the need to avoid jurisdictional and organizational conflicts and
the desire to encourage economics of scale. These competing
concerns led to the determination that a case-by-case approach
which reviews a number of factors must be applied.
More recently, in early April 2001, the AFL-CIO Committee on the
Future again took up the matter. Although still of the belief
that each charter request by an independent organization will
present a host of unique circumstances, the Committee identified
a set of general principles that it determined would normally be
applicable to the consideration of any particular charter
application.
These principles have still been memorialized in the form of a
draft Executive Council policy governing the issuance of
charters, to be placed before the Council for its consideration
at the May 2001 meeting.
At the same April 2001 Committee on the Future meeting, the
Committee suggested that President Sweeney appoint a special
committee consisting of three sitting Executive Council members
to review the information that has been received in connection
with the pending charter applications of two significant
independent labor organizations, the ANA¹s United American
Nurses and the California School Employee Association, and to
prepare reports concerning recommendations as to each of the
requests.
This report evaluates the application for a direct charter by the
ANA United American Nurses (hereafter ³UAN²), against the
backdrop of the general principles deemed relevant by the
Committee on the Future, and the criteria identified in the
National Air Traffic Control Association case as well as others
considered relevant to this particular situation.
The UAN is a separate and distinct labor entity recently created
within the American Nurses Association (ANA). Its mission is to
provide labor and collective bargaining support services to state
nurses associations, which constitute the diverse coalition of
the ANA.
The organization now know as the ANA was formed in 1896 when
delegates from 10 alumnus associations met near New York City for
the purpose of organizing a national professional association for
nurses. In 1911, its name was changed from the Nurses Associated
Alumnae to the American Nurses Association. In 1982, the ANA
became a federation of constituent state nurses associations. The
ANA works for the improvement of health standards and the
availability of health care services for all people, to foster
high standards of nursing and to stimulate and promote the
professional development of nurses and advance their economic and
general welfare. In accomplishing these goals, the ANA has
established standards of nursing practice and a code of ethical
conduct for nurses. It also initiates and influences legislation,
governmental programs, and national and international health
policy and promotes and protects the economic and general welfare
of nurses, provides for their professional development, and
provides leadership in national and international nursing. The
official organ of the ANA is The American Nurse, its professional
journal is the American Journal of Nursing.
Since 1962, when the New Jersey State Nurses Association
organized a group of industrial nurses, the ANA and its state
nurses associations have been challenged as dominated by
management, in violation of Section 8 (a)(2) of the National
Labor Relations Act because of a conflict of interest due to
supervisor taint. This challenge was grounded in the
participation of supervisory and managerial members in the ANA¹s
governing bodies. Between 1962 and 1989, at least 42 cases were
litigated before the National Labor Relations Board involving at
least 25 state nurses associations.
As a result of these challenges, the ANA initiated a series of
efforts designed to insulate its collective bargaining units,
represented by state nurses associations, from its other
activities as a professional nurses organization. Its state
nurses associations were encouraged to segregate their
representational activities to avoid direct involvement in
decision-making by State Nurses Association (³SNA²) Boards of
Directors in which statutory supervisors were present and
participated. As a result, SNAs created insulated collective
bargaining programs within their own organizations.
In order to further facilitate the movement of SNAs away from any
official knowledge, role or influence over local unit collective
bargaining or contract administration, the ANA created the
Institute of Constituent Member Collective Bargaining Programs.
Its membership was limited to members of SNA represented
bargaining units, who were themselves elected by non-supervisors.
Under the ANA¹s Constitution, the Institute was designed to be
autonomous. As such, it removed any and all reporting, assigning,
delegating or other ³influencing² relationship between the
Institute and the governing body of the ANA on collective
bargaining matters. However, its role was ³advisory only.² The
SNAs had the ³exclusive authority relative to collective
bargaining and all related decisions.²
The creation of the UAN in 1999 was a by-product of these various
efforts by the ANA to insulate its supervisory and managerial
members from any role or participation in collective bargaining.
The UAN is designed to be autonomous on labor issues and to
advise the ANA Board of Directors on labor perspectives on
various issues. Its purpose is to provide effective collective
bargaining services for ANA members. Under its Constitution, UAN
membership is limited to state nurse associational members of the
ANA ³who have insulated collective bargaining programs and
represent registered nurses for the purposes of collective
bargaining or their separate insulated collective bargaining
programs.²
The UAN was the first national body of collective bargaining
associations created within ANA. To ensure its autonomy and
defeat any suggestion of management domination, control or
influence by supervisory members of the ANA, the Constitution
provides that the UAN ³shall be autonomous with respect to all
matters that are required by law to be addressed by an insulated
labor body.²
Article VIII, Section 6. These have traditionally included
decisions regarding local unit collective bargaining goals,
proposals and strategies; the selection of local unit officers,
negotiating committees and grievance representatives; the
processing of grievances and arbitration cases; determinations
affecting strike actions and ratification votes; and the approval
and implementation of new organizing efforts.
In the implementing provisions of the constitutional amendments
which gave birth to UAN, the ANA Executive Director is given
³the authority to manage the UAN² and is responsible for
³implementing the policies established by the National Labor
Assembly and the Executive Council.² This authority was
clarified in the ANA¹s 2000 convention to move to greater UAN
autonomy, with specific provisions regarding the hiring and
employment of the UAN Program Director to jointly involve the UAN
Executive Council, through the UAN Chair, and the ANA CEO.
Conflicts between the ANA and the UAN are subject to a mutually
agreed upon conflict resolution process.
Prior to its 2000 convention in June, the UAN was still based on
voluntary membership by SNAs. This theoretically allowed SNAs to
withdraw from the UAN, but still retain membership in the ANA and
thereby reap the benefits of the AFL-CIO affiliation. The
non-permanence of the relationship between UAN and SNAs generated
significant concern among AFL-CIO affiliates that the UAN could
become a shell organization, without membership, through which
ANA members could enjoy the advantages of AFL-CIO affiliation. At
its June 2000 convention, the UAN was institutionally
strengthened to require its constituent state nurses associations
to maintain permanent membership in the UAN. In a further effort
to meet this criticism, the UAN has committed to make necessary
amendment changes for permanent SNA membership at its next
opportunity.
Although UAN has no prior history as an affiliate of the AFL-CIO,
the ANA has long history of working with the AFL-CIO and its
affiliates on myriad issues. As a nationally recognized expert
and resource on issues affecting health care in general and
nursing professionals in particular, the ANA has joined the
AFL-CIO and its affiliates with a variety of legislative and
lobbying efforts that have served the broader interests of the
labor movement. Admittedly, on certain occasions, such as on
issues relating to advanced practice nursing, they have found
themselves on opposing sides.
When they have successfully coordinated on issues, such as with
needle stick legislation or national health care policy, the ANA
and AFL-CIO affiliates have proven to be effective
partner-advocates, on the front lines. In such situations, ANA
was often provided educational and research materials,
spokespersons, energy, and leadership. On those occasions that
they have been generous in sharing such resources, the ANA and
AFL-CIO have successfully served the interests not only of their
own members, but of all health care workers and health care
consumers as well.
In meetings to discuss affiliation, the UAN has informed the
Federation of its strong desire and intent, upon affiliation, to
continue to work together and share its resources even more
closely in efforts involving health and safety issues, education,
legal, legislation, policy and politics in general.
The UAN has presented substantial reasons for direct affiliation
with the AFL-CIO. The UAN is already a national organization with
major bargaining units, organized through some 26 state nurses
associations, throughout the country. It recognizes that its
collective bargaining and organizing goals are better served by a
closer working relationship with other AFL-CIO unions. It is
committed to the AFL-CIO¹s program, and particularly to bringing
collective bargaining rights to all Registered Nurses. Its
constituent state associations have been advancing the working
conditions and dignity of Registered Nurses, with and without
collective bargaining, for almost a century. It also acknowledges
its interest in securing Article XX and XXI protection, and
commits to adhering to its responsibilities under these
constitutional provisions as well.
There are currently well over two hundred thousand organized
Registered Nurses represented by UAN and AFL-CIO affiliations.
But there are two million unorganized Registered Nurses in this
country. These numbers dramatically demonstrate the pressing need
to cooperate in organizing these unorganized health care
professionals in a strategic way. It is desire of the UAN to work
with affiliates towards this goal.
As set forth above, the UAN has expressed its strong desire to
improve its work with affiliates on issues affecting Registered
Nurses. It had indicated its intent to intensify its
collaborative efforts in the areas of education, legislation,
politics and health care policy and to expand its contributions
of expertise, resources, and prestige in support of these
endeavors.
In accordance with its established preference, the AFL-CIO has,
from the outset, explored the possibility of affiliating UAN
through an existing affiliation. The UAN has been adamant,
however, that no consensus can be reached to do that, much less
to agree on a particular affiliate.
The United American Nurses is a national labor organization. It
consists of a coalition of state nurses associations which engage
in representation and collective bargaining for registered nurses
in the health care industry. At the present time, the UAN
represents nursing units in some 26 states.
The UAN represents that it even without the Massachusetts
chapter, which has recently taken steps to disaffiliate from the
ANA, the UAN has approximately 100,000 dues-paying members. At
this level, the UAN is larger than some two-thirds of the
existing AFL-CIO affiliates in per capita membership. It would
rank 24th in size.
The exclusive focus of UAN representation is Registered Nurses.
It does not represent LPNs, service and maintenance employees,
physicians, or any other health care employees. It proclaims to
have no desire or intent to extend its focus to these or any
other health care employees or to any other employment sector.
Nevertheless, even within this narrow occupational focus, there
exists an obvious potential for jurisdictional conflict. To be
sure, there are real areas of conflict at the present time,
particularly in certain states. Various AFL-CIO affiliates have
substantial interest and experience in organizing and
representing Registered Nurses and certain affiliates are
currently engaged in actively pursuing representation rights for
Registered Nurses. At least three present affiliates of the
AFL-CIO have formal nursing bodies within their larger national
or international union structure.
With regard to these, UAN has voiced a strong desire to resolve
and minimize such conflict. It has pledged to undertake serious,
good-faith efforts to this end. The UAN has committed to working
intensively on both a national and state-by-state level to
identify such conflict and to using due diligence to accomplish
its resolution. It agrees to adhere in all respects to the
Article XX and Article XXI provisions and utilize their mediation
and, if necessary, hearing procedures, as well as any other
dispute resolution mechanisms that might prove productive.
The UAN has credibly represented that they presently have a
sufficient degree of financial stability and wherewithal to
continue their representational and organizing goals.
As discussed above, the UAN¹s adherence to democratic principles
has been challenged only to the extent that the ANA accepts
involvement by Registered Nurses who may be supervisors within
the meaning of the National Labor Relations Act. As also
discussed above, the ANA, primarily in the 1980s, instituted a
variety of steps to insulate its collective bargaining units from
any supervisory influences. Although frequently challenged in
representation proceedings before the National Labor Relations
Broad, there are scores of cases rejecting any disqualification
due to a conflict of interest because of supervisory
participation. Indeed, few challenges either before the Board or
in the courts seem even to have been initiated over the past
decade.
Moreover, the UAN is continuing to maximize its autonomy within
the ANA, proposing constitutionally-mandated changes at each of
its two constitutional conventions since its creation. The ANA
asserts no control or direction over the conduct of its
bargaining units or over their contract administration or
enforcement. With the constitutional amendments of 1999, the UAN
is specifically and explicitly granted autonomy with respect to
all these matters. It was expressly formed to ³operate as an
insulated body.² Article VIII, Section 3a. It continues to take
steps to further increase its autonomy.
Nonetheless, affiliates do point to certain instances where the
ANA¹s state associations, directly or through managerial nurses,
have appeared to unduly interfere in the collective bargaining
sphere: situations, for example, where ANA affiliates' managers
advise staff nurses against unionization, or against membership
in an already certified or recognized representative. If the
AFL-CIO is to charter the UAN, it would seem that understandings
must be reached that would preclude its parent body, the ANA,
from endorsing or supporting conduct that is hostile to the
collective bargaining process or to the interests of the labor
movement more generally.
The UAN, together with its parent entity ANA, would bring into
the House of Labor an organization widely perceived by the
public, by management and by health care employees as an
authoritative organization speaking to policy issues for
Registered Nurses. In matters affecting these health care
workers, its expertise, experience and dedication is
well-established and well-recognized, not only among our
affiliates, but also on Capitol Hill, in state legislatures,
before regulatory agencies, with academia and among the public at
large. This affiliation would bring the benefits of this
prestige, expertise, experience and dedication to the AFL-CIO¹s,
and its present health care affiliates¹, own stature in all of
these forums.
Moreover, at a time when working families and their unions are
under such relentless attack from the current Administration, as
well as from corporate America, it is all more critical for the
American Labor Movement to mount a united front and speak with
one voice on matters of common concern.
A consideration of this proposed direct affiliation must
necessarily include a consideration of the views of existing
affiliates, particularly those with a potentially overlapping or
conflicting jurisdictional interest.
National and international affiliates which have the most reason
to be concerned with this aspect of the affiliation are those
actively organizing Registered Nurses, the narrow focus of UAN¹s
representation. These affiliates are understandably wary of
including an organization with which they have been and are now
competing for members.
Moreover, with organized healthcare workers already dispersed in
their representation among several existing affiliates, the
prospect of adding yet another affiliate active in the same
jurisdiction runs counter to many unions' desire to encourage a
greater focus on their respective core density. Indeed, even the
registered nurse occupation is already ably represented by
existing affiliates, with SEIU, for example, claiming as many or
more registered nurse members as UAN¹s entire membership. Thus,
this is not a situation where the Federation would be affiliating
a union with a new or unique segment of the workforce, nor one
that would be speaking exclusively for their particular
occupational jurisdiction.
Over the past several months, several of those affiliates have
engaged in direct dialogue with UAN regarding a number of matters
of mutual concern. It would seem fair to characterize these
discussions as only partially conclusive; several remain loss
than fully resolve. AFGE, for example, remains concerned about
current and potential conflict in the Veterans Administration
registered nurse units; SEIU has pressed without resolution for
partnership arrangements that would protect bargaining standards
and minimize organizing conflicts in certain states, such as New
York; AFSCME has sought ways to institutionalize dual membership
opportunities for affiliates seeking to enroll their registered
nurse members in the ANA as well as the AFL-CIO, pointing out
that otherwise the UAN would have the exclusive and unintended
competitive advantage of being able to hold out to unorganized
nurse the prospect of simultaneous membership in both the AFL-CIO
and the ANA; UFCW and AFT have expressed their respective
convictions that UAN should neither be disadvantaged nor
advantaged by a defined industrial or occupational jurisdiction
--- that just as no AFL-CIO affiliate is barred from organizing
outside its core areas, nor does any one union have
exclusive rights in such areas. Although agreements were not
concluded on any of these matters, UAN, for its part, asserts
that it is willing to continue these discussions once chartered,
and that mutually acceptable solutions may in that context prove
easier to achieve.
AFL-CIO affiliates recognize the tremendous value, in practice
and symbolically, of having the UAN and, through it, the ANA,
join with it in legislative, legal, educational and political
battles on behalf of registered nurses and health care workers
more generally. The UAN has voiced its sincere interest, not only
in identifying and eliminating jurisdictional conflicts, but also
in identifying and maximizing opportunities for cooperation with
affiliates in advancing their common objectives in support of
registered nurses. With UAN¹s enthusiasm and expertise, the
prospects for such collaboration outweigh the potential for
conflict, which UAN has pledged to help avoid and resolve.
Nonetheless, the affiliates¹ remaining concerns in these areas
are not insubstantial. Assurances must be extended that will give
affiliates sufficient confidence that the remaining problems can,
indeed, be adequately addressed, albeit by way of post-charter
processes.
For all the reasons discussed above, it is the recommendation of
this Committee that the Executive Council, with its authority set
forth in Article III, Section 4 of the AFL-CIO Constitution,
approve the issuance to the United American Nurses of a charter
of affiliation with the Federation, subject to the following
understandings between UAN, ANA, and all affected AFL-CIO
affiliates:
1) The ANA and the UAN will continue to take all necessary steps,
constitutionally and in practice, to ensure that permanent
membership in the UAN will be required of all ANA constituent
members that provide collective bargaining services.
2) In states where UAN and one or more other AFL-CIO affiliates
have significant density, the UAN will form a partnership with
such other AFL-CIO affiliate(s) to promote nurse and healthcare
worker interests or public policy, legislation, and bargaining
issues, and to avoid or minimize the potential for conflict in
organizing. UAN will form a similar partnership with AFGE
governing nurse representation in the Veterans Administration
Hospitals. Furthermore, the UAN will not seek to expand into
states where the UAN does not presently have collective
bargaining status, without first making good faith efforts to
reach an agreement with any affected affiliate(s) then active in
such a state.
3) Active and good faith efforts will continue, involving the UAN
and other AFL-CIO affiliates with a primary or major interest in
nurses¹ representation, to reach a binding agreement following
issuance of a charter, regarding dual membership arrangements in
the AFL-CIO and the ANA.
4) Appropriate assurances will be sought from and extended by the
ANA to the effect that the ANA recognizes the legitimacy of
collective bargaining and the right of staff nurses to organize
and seek union representation in any and all states. With these
understandings, we recommend that the Executive Council authorize
the President to issue a charter to the UAN, upon acceptance of
these understandings and at the appropriate opportunity. We
further recommend that the Federation provide the parties,
including the UAN, with any and all appropriate assistance to
ensure that the accompanying understandings are adhered to. Such
assistance might include having the officers or their designees
facilitate the parties¹ efforts to comply with these
understandings, having them report back periodically to the
Executive Council on the parties' progress or lack thereof, and
having them otherwise exercise their existing authority to ensure
compliance to the greatest extent possible.
________________________
Jay Mazur
________________________
Pat Friend
________________________
Mike Sacco
-------------------------
May 23, 2001
Leaders of nurses' organizations representing over 60,000
registered nurses in California, Massachusetts, Pennsylvania,
Maine, and Missouri met in Baltimore today to chart a course for
creating a new national organization of direct care RNs.
Top elected representatives of the California Nurses Association,
Massachusetts Nurses Association, Pennsylvania Association of
Staff Nurses and Allied Professionals, Maine State Nurses
Association, and United Health Care Workers of Greater St. Louis,
participated in the Baltimore meeting.
Proposed principles of the new organization include:
* Establishing a progressive national voice of
nurses.
* Protecting, preserving and promoting RN
practice, such as requiring safe staffing and opposition to
deskilling and intrusion on RN scope of practice.
* Autonomy and independence of the individual
member organizations.
* Support for universal health care, with
establishment of a single-payer style national healthcare
program.
* Unionization of any RNs throughout the U.S.
who desire representation.
* Solidarity with international nurses
organizations that share similar goals and values.
-----------------------------
Sandy's Links
<http://users.rcn.com/wbumpus/sandy/index.html>
Massachusetts Nurses Association
<http://www.massnurses.org>
California Nurses Association
<http://www.califnurses.org>
Penn. Assoc. of Staff Nurses & Allied Professionals
<http://www.calnurse.org/cna/pasnap/index.html>
United Health Care Workers
<http://www.uhcw.org>
Canadian Federation of Nurses Unions
<http://www.nursesunions.ca>
Revolution Magazine
<http://www.revolutionmag.com>
Massachusetts Labor Party
<http://www.masslaborparty.org>
LabourStart
<http://www.labourstart.org>
---------------------------
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