AFT Healthcare is warning that a possible ruling by the National Labor Relations Board (NLRB) could remove nurse leaders in the private sector from their bargaining units.

The board is expected to hand down a decision soon on whether or not a nurse who acts as a "charge nurse" is a supervisor and therefore ineligible for the protections under the National Labor Relations Act. Three cases—Oakwood Healthcare Inc., Golden Crest Healthcare Center and Croft Metals Inc.—have been combined and are now under consideration that could declare millions of nurses supervisors. Such a decision would likely have reverberations for other healthcare workers and employees in other private sector jobs as well.

The issue revolves around whether nurses should be considered supervisors if, even on occasion, they use independent judgment to make decisions, such as assigning or responsibly directing others’ work.  Under the NLRA, supervisors do not have the legal protections available to other workers and can be disciplined or fired for supporting the union.

"We are going to be challenged," says Ann Twomey, president of Health Professionals and Allied Employees of New Jersey and an AFT vice president. "To protect ourselves, we must raise this issue beyond our contracts and our own unions. This is an issue that requires unifying all healthcare unions."

Attorneys for AFT Healthcare say that employers would not be obligated to remove union recognition from any registered nurse or other healthcare worker.

AFT Healthcare is working with other AFL-CIO unions to develop model contract language that could mitigate the damage caused by an unfavorable decision.

(posted 03/16/06)