Labor Relations

1
Labor Relations

• Unit 6

2
Labor Issues

• Vicarious liability One party is responsible for
  the actions of another
• Employer liable for damages
• Encourages employer to retain competent
  practitioners

3
Respondeat Superior

• Let the master respond
• Employer is given responsibility for negligent
  actions
• Duling v. Bluefield - Landmark case in 1965

4
Scope of Respondeat Superior

• Injured part must show that the employer had
  control over the employee
• Negligent act occurred within the course and
  scope of the employees employment

5
Borrowed Servant Doctrine

• Applies when one employer lends completely the
  services or skills of an employee to another
  employer - such as in the case of a physicians
  direction who is not employed by the agency

6
Ostensible Authority

• Allows agency to be liable for acts and omissions
  by independent contractors working within the
  agency.

7
Personal Liability

• Individuals are responsible for their own actions
• Supervisors may or may not be held liable for
  staff actions depending on situations

8
Indemnification

• Allows employer to recover damages from the
  individual personally responsible

9
Labor Law

• Wagner Amendment of 1974 Allowed nonprofit
  organizations to join unions opened unionization
  in nursing

10
United American Nurses

• National Labor Assembly to meet in June 2000
• North Carolina holds membership
• Affiliated with ANA
• 27 State memberships

11
AFGE

• AFGE represents Salisbury VA
• Contract negotiated every few years
• Contract takes precedence over VA policy
• Federal Labor Relations Board oversees
• Seniority major factor in decisoin making

12
AFGE Continued

• 86 dues paying members in Salisbury
• Not allowed to strike or bargain over pay
• Pay set by Congress
• Capitated budget
• Grievance procedures followed