% >> A STRIKE BY NURSES AT UW
% HEALTH IN MADISON WAS AVERTED
% THIS WEEK AFTER AN AGREEMENT
% WITH THE HOSPITAL TO REGULARLY
% TALK ABOUT WORKPLACE CONCERNS.
% >> WE'VE SHOWN UP FOR EACH OTHER
% TO SUPPORT ONE ANOTHER AND BUILD
% OUR COLLECTIVE POWER TO IMPROVE
% OUR WORKING CONDITIONS AND
% PATIENT CARE AT UW HEALTH.
% TODAY, WE CELEBRATE A BIG STEP
% FORWARD.
% WE'RE EXCITED TO WORK TOGETHER
% WITH THE UW ADMINISTRATION TO
% SOLVE THE CHALLENGES WE'RE
% FACING.
% THIS MOMENT MATTERS FOR
% HEALTHCARE WORKERS AND OTHER
% WORKING PEOPLE ALL ACROSS THE
% COUNTRY.
% >> FOR UW HEALTH, FOR ITS BOARD,
% FOR ITS LEADERSHIP, FOR THE
% ORGANIZATION, IT'S ALWAYS BEEN
% ABOUT THE LEGAL QUESTION, CAN WE
% OR CAN WE NOT, AFTER ACT 10,
% RECOGNIZE A UNION, WHETHER
% VOLUNTARILY OR INVOLUNTARILY,
% FOR PURPOSES OF REPRESENTING OUR
% EMPLOYEES IN COLLECTIVE
% BARGAINING?%WE WANTED TO BE
ABLE TO COME
% TOGETHER IN A CONSTRUCTIVE,
% PRODUCTIVE WAY, FOCUSED ON
% PATIENT CARE ISSUES, FOCUS ON
% WORKFORCE ISSUES, FOCUS ON ALL
% THOSE THINGS THAT WE ALL CARE
% ABOUT.
% AND SO IN THAT REGARD, AS COLIN
% WAS TALKING ABOUT, RG WE WERE
% ABLE TO FIND A WAY THAT WE CAN
% BRING THOSE THAT WISH TO BE PART
% OF A UNION TO COME TO THE TABLE
% WITH US TO START TALKING ABOUT
% THESE ISSUES.
% >> THE NEXT STEP IS FOR THE
% STATE EMPLOYMENT COMMISSION TO
% RULE WHETHER THE HOSPITAL CAN
% RECOGNIZE AND BARGAIN WITH THE
% NURSES' UNION.
% ULTIMATELY THE COURTS WILL
% LIKELY DECIDE THAT QUESTION.
% IT'S COMPLICATED IN WISCONSIN,
% WITH ITS ACT 10 LAW THAT
% STRIPPED MOST PUBLIC UNIONS OF
% MOST BARGAINING RIGHTS,
% ESPECIALLY AS UW HOSPITAL NURSES
% ARE OUTSIDE THE PROVISIONS OF
% BARGAINING LAW, AND LOST THEIR
% UNION RIGHTS BECAUSE OF ACT 10.
% WE TURN TO DON TAYLOR, A
% PROFESSOR AT THE UW MADISON
% SCHOOL FOR WORKERS WHO HAS
% EXTENSIVE EXPERIENCE WORKING FOR
% UNIONS.
% PROFESSOR, THANKS VERY MUCH FOR
% BEING HERE.
% >> THANK YOU.
% >> SO HOW WOULD YOU REGARD THIS
% DETENTE THAT HAPPENED THIS WEEK?
% IS THIS A WIN FOR THE NURSES'
% UNION?%>> I THINK IT IS, I TH
INK IT IS.
% THE AGREEMENT THAT WAS REACHED
% RECOGNIZES THAT THE WORKERS CAN
% JOIN THE UNION, CAN OPERATE AS
% AN ORGANIZATION INSIDE THE
% HOSPITAL AND CLINICS.
% WHILE THE THORNIER LEGAL
% QUESTIONS ARE YET TO BE
% RESOLVED, THE QUESTION OF
% WHETHER OR NOT THE NURSES CAN
% GET TOGETHER AND HAVE THEIR
% VOICES HEARD COLLECTIVELY
% APPEARS TO HAVE BEEN RESOLVED.
% >> DO YOU THINK THIS WILL SET
% SOME KIND OF A PRECEDENT GOING
% FORWARD FOR OTHER BARGAINING
% UNITS?
% >> I DON'T THINK DIRECTLY.
% I THINK BECAUSE THE NURSES ARE
% IN KIND OF A SPECIAL LEGAL
% STATUS WHERE THEY WERE REMOVED
% ENTIRELY FROM STATE COLLECTIVE
% BARGAINING LAW, THE OTHER PUBLIC
% EMPLOYEES, TEACHERS, HIGHWAY
% MAINTAINERS AND SO FORTH, ARE
% STILL COVERED BY WHAT'S LEFT OF
% WISCONSIN PUBLIC SECTOR
% BARGAINING LAW.
% AND SO THEY WOULDN'T BE ABLE TO
% DO EXACTLY WHAT THE NURSES HAVE
% DONE, BUT THE NURSES' SUCCESS
% COULD CERTAINLY INSPIRE THEM TO
% TRY AND EXPERIMENT WITH
% DIFFERENT WAYS OF APPROACHING
% THE ISSUE.%>> BECAUSE WE SAW
LIKE 15,000
% NURSES IN MINNESOTA WALK OFF THE
% JOB, GO ON STRIKE, AND THEY'RE
% IN A VERY DIFFERENT POSITION
% THAN THE UW HEALTH NURSES, IS
% THAT RIGHT?
% >> ABSOLUTELY, ABSOLUTELY.
% MINNESOTA HAS A VERY DIFFERENT
% SET OF LAWS, AND ACTUALLY ALLOWS
% PUBLIC SECTOR STRIKES IN SOME
% CASES UNDER CERTAIN CONDITIONS.
% >> SO IT IS YOUR EXPERT BELIEF,
% THOUGH, THAT UW HOSPITAL COULD
% LEGALLY BARGAIN WITH ITS UNION
% NURSES?%>> YES, YES, THAT IS
MY
% POSITION.
% THE REMOVAL OF UW HEALTH FROM
% COLLECTIVE BARGAINING LAW,
% UNLIKE OTHER PUBLIC EMPLOYEES,
% EFFECTIVELY PUTS THEM BACK IN
% THE SITUATION THAT ANY EMPLOYEE
% WAS IN PRIOR TO THE ENACTMENT OF
% COLLECTIVE BARGAINING LAW.
% AND IN THAT SITUATION, THE
% ABSENCE OF A STATUTE DOESN'T
% PROHIBIT VOLUNTARY COLLECTIVE
% BARGAINING FROM TAKING PLACE.
% IT SIMPLY DOESN'T REQUIRE IT.
% >> AND YET HERE WE ARE, LOOKING
% AT POTENTIALLY THE COURTS HAVING
% TO RESOLVE THIS AFTER THE STATE
% EMPLOYMENT COMMISSION MAKES ITS
% RULING, BUT IF THE COURTS
% RESOLVE IT, AND THAT IS WHAT UW
% HOSPITAL ADMINISTRATION SAYS
% SHOULD HAPPEN, IS IT NOT LIKELY
% THAT IT GOES ALL THE WAY UP TO
% THE STATE HIGH COURT, WHICH IS
% THE COURT THAT RULED THAT ACT 10
% WAS CONSTITUTIONAL.
% SO YOU KNOW, WHAT DOES THAT LOOK
% LIKE FOR THE NURSES' UNION GOING
% FORWARD?
% >> WELL, I WOULD ASSUME THAT
% THEY ARE CALCULATING THOSE RISKS
% AND THE SITUATION DOES NEED TO
% BE RESOLVED AS TO THEIR STATUS,
% WHICH ALTHOUGH I HAVE KIND OF A
% CLEAR VISION OF IT, IS UNIQUE.
% AND THE COURT COULD OBVIOUSLY
% RULE IN A WAY THAT'S DETRIMENTAL
% TO WHAT THE NURSES WANT, AND
% THEY'LL HAVE TO REGROUP AND
% RESTRATEGIZE AT THAT POINT.
% IT DOES SEEM THAT HOSPITAL
% MANAGEMENT HAS TAKEN THE
% POSITION THAT THEY ARE
% PROHIBITED FROM ENGAGING IN
% COLLECTIVE BARGAINING, AND THEY
% REALLY CAN'T STEP FORWARD
% FURTHER THAN THEY ALREADY HAVE
% WITHOUT SOME CLARIFICATION OF
% WHAT THE STATUTORY
% RESPONSIBILITIES ARE.
% >> WE'LL SEE HOW THAT PROCEEDS,
% BUT MORE GLOBALLY, I'M
% UNDERSTANDING THAT MORE
% EMPLOYEES ARE KIND OF WANTING TO
% JOIN UNIONS, WANTING TO
% COLLECTIVELY BARGAIN.%WHAT A
RE THE CONDITIONS, THE
% WORK CONDITIONS THAT HAVE LED TO
% THAT?
% >> WELL, I THINK THE PANDEMIC
% HAD A LOT TO DO WITH IT.
% A LOT OF EMPLOYERS STRUGGLED TO
% ADAPT TO THE NEW HEALTH AND
% SAFETY NEEDS OF THEIR WORKFORCES
% WITH THE RELATED WORKFORCE
% SHORTAGE THAT WE'RE NOW
% EXPERIENCING.
% MORE EMPLOYEES ARE BEING MADE TO
% DO THE WORK OF -- YOU KNOW, THE
% SAME AMOUNT OF WORK WITH FEWER
% PEOPLE, AND THAT MAKES IT HARDER
% TO NOT JUST KEEP A WORKPLACE
% SAFE, BUT TO MAINTAIN WORK-LIFE
% BALANCE AND AVOID EXCESSIVE
% OVERTIME, SO I THINK ALL OF
% THOSE THINGS ARE ADDING UP TO
% ADDITIONAL INTEREST IN UNIONS.
% THE YOUNGER WORKFORCE TENDS TO
% BE MORE INTERESTED IN UNIONS AND
% THERE'S A NEW POLL THAT THE
% APPROVAL OF UNIONS HAS REACHED
% THE HIGHEST LEVEL SINCE I THINK
% THE 1960s, SO I THINK ALL OF
% THAT IS COMING TOGETHER, AND THE
% LAST THING I'LL SAY ON THAT IS
% SIMPLY THAT ONCE SOME GROUPS
% STARTED HAVING SUCCESS, THAT
% INSPIRES OTHERS TO MOVE FORWARD.
% THE FIRST STARBUCKS, FOR
% EXAMPLE, THAT UNIONIZED THEN
% INSPIRED OTHERS TO FOLLOW THE
% SAME TRACK.%>> HOW RESPONSIV
E ARE EMPLOYERS
% BEING TO THAT?
% >> NOT VERY.
% AND THAT HISTORICALLY HAS BEEN
% THE CASE IN THE UNITED STATES.
% YOU KNOW, WE'VE SEEN EMPLOYERS
% AT THE VERY LEAST EXPRESS THEIR
% OPINION, WHICH THEY'RE ALLOWED
% TO DO, THAT THEY DON'T BELIEVE
% THE EMPLOYEES NEED A UNION.
% OTHERS HAVE BEEN CHARGED WITH
% WHAT ARE CALLED UNFAIR LABOR
% PRACTICES IN TERMS OF
% DISCRIMINATING AGAINST EMPLOYEES
% FOR WANTING A UNION OR
% RETALIATING AGAINST EMPLOYEES
% FOR WANTING A UNION, WHICH IS
% VERY COMMON.
% >> ALL RIGHT.
% PROFESSOR DON TAYLOR, THANKS
% VERY MUCH.%>> THANK YOU.
% >> FOR MORE ON THIS AND OTHER
% ISSUES FACING WISCONSIN, VISIT
% OUR WEBSITE AT PBSWISCONSIN.ORG,