Michigan State University

School of Labor and Industrial Relations
THE LAW OF THE HEALTH CARE WORKPLACE FOR NURSES

Projected Date – Spring 2008
SSC-490, Section TBA
Syllabus
Online Course

Instructor Contact Information
Catherine Lundy
lundy@msu.edu
517/353-4464 office
517/355-7656 Fax
415 S. Kedzie Hall
East Lansing, Mi 48840

COURSE DESCRIPTION

This on-line class is designed for working Registered Nurses who want to learn about health care industry labor and employment laws. While developing this expertise, nurses will have the opportunity to interact on-line with other RNs through discussion groups and gain practical application of course objectives. Emphasis will be placed upon nurse working conditions and how law can be applied, where possible, to help them gain control of their environment.

COURSE OBJECTIVES

Upon Course completion, students will be able to:

1. Formulate a working knowledge of the legal requirements on employers and labor organizations in the Health Care Industry

2. Discuss labor and employment law practice in labor and industrial relations.

3. Distinguish relevant policy issues in labor and employment law.

4. Gain understanding of the current working conditions that effect nursing practice.

CLASS ORGANIZATION

The class has a total of 14 weekly sessions. Each week's class lessons will become available on line at Tuesday 12:10am through Monday at 11:50pm.

Students will be expected to complete each week's assignment within this time period.

Grading

· Discussion Forums (5) - 50%

· Mid-Term Exercise - 25%

· Final Exam - 25%

Team Discussions

Each participant will be expected to enter into the discussion cases during the week the topics are on-line.

While I will be tracking to see if you are participating, I am more concerned about the content of interaction not the amount of interaction. I view this as a great opportunity for all of you to share ideas and get acquainted with your fellow participants.

You will receive 50% of your grade for group discussion participation. Each discussion group is worth 10 points.

Each discussion group will be evaluated upon the following criteria.

10 Points System

3 points for referring to course readings
3 points for assimilation of the material
2 points for curiosity
2 points for clarity

Grading Scale

4.0 95 to 100 %

3.5 90 to 94%

3.0 80 to 89%

2.5 70 to 79%

2.0 60 to 69%

1.5 50 to 59%

1.0 40 to 49%

0 under 39%

Textbook

Michael Evan Gold,An Introduction to Labor Law, ILR Press-Cornell University Press, Ithaca, 1998.

Suzanne Gordon, Nursing Against The Odds, ILR Press/Cornell Press, Ithaca, 2005
(While this book is not directly related to the Labor Law/Employment Law topic, it does relate directlyto nurses and their conditions of employment.
The author, one of the foremost authorities in the field, examines why so many RNs are dropping out of nursing.

Sessions and Dates

Topics

Readings and Assignments

ORIENTATION

Virtual University Design & Technology

Session 1

LABOR REGULATION

Gold, Chapter 1,
Assigned Readings
Gordon, Intro and Chapter 1

Session 2

NLRB AND EMPLOYEE CHOICE

Gold, Chapter 2 and 3
Gordon, Chapter 2 and 3

Session 3

THE ORGANIZING PROCESS

Gold, Chapter 4
Discussions Group #1
Gordon, Chapter 4 and 5

Session 4

STRIKES AND OTHER PRESSURE TACTICS

Gold, Chapter 5 and 6
Gordon, Chapter 6 and 7

Session 5

LABOR LAW AND NURSING

Assigned Readings
Discussion Group # 2
Gordon, Chapter 8 and 9

Session 6 

FEDERAL AND STATE NURSING LEGISLATION,
EXAM REVIEW

Assigned Readings
Gordon, Chapter 10 and 11

Session 7

MID-TERM EXERCISE EXAM

On-line assignment

SPRING BREAK WEEK

No Class

Session 8

UNIONS AND EQUAL EMPLOYMENT OPPORTUNITY

Session 9

FAMILY AND MEDICAL LEAVE ACT

Assigned Readings
Discussion Group # 3
Gordon, Chapter 12 and 13

Session 10

AMERICANS WITH DISABILITIES ACT

Assigned Readings
Discussion Group # 4
Gordon, Chapter 14 to conclusion

Session 11

SEXUAL HARASSMENT

Assigned Readings
Discussion Group Exercise # 5

Session 12

FLSA AND MANDATORY OVERTIME

Assigned Readings

Session

Final

Grades Due

Nursing Labor Law and Employment Law Class Resource List

Abraham, Steven, Adrienne Eaton and Paula Voos, Supreme Court Supervisory Status Decisions: The Impact On Union Organizing Of Nurses Under The NLRA, AFL-CIO Michigan State University Workers Rights Conference, East Lansing, Michigan, October 11-12, 2002, unpublished paper.

Bilchik, Gloria Shur, "Norma Rae, R.N.", Trustee, Mar. 2001, Vol.54, Iss.2, pp 11- 15.

Clark, Margaret M., "NLRB General Council's Office Issues Liberal Criteria for Defining 'Supervisor, HR Magazine, Feb 2004, Vol. 49, Iss.2, Pgs: 30-31.

Evans, Mary and Tonia Aiken, "Making the Transition from Student to Professional, Nursing Law and Liability, pp. 173-206.

Feldacker, Bruce, Labor Guide to Labor Law, Fourth Edition, Prentice Hall, Upper Saddle River, N.J.: Prentice Hill, 2000.

Gold, Michael Evan, An Introduction to Labor Law, Ithaca, N.Y., ILP Press, 1998.

Guerin, Lisa and Amy Delpo, Everyday Employment Law: The Basics, Berkley, CA: Nolo, 2002.

Hardin, Patrick, The Developing Labor Law, 3rd. Edition, Vol 1, Bureau of National Affairs, Washington D.C. 1992.

Hesse, Katherine and Doris MacKenzie Ehrens, "Labor Law: Supervisory Status Under the NLRB", Benefits Quarterly, Second Quarter 2003, Vol. 19, Iss. 2, pp 106-

Meyer, Brenda G., Kalniz, Iorio & Feldstein Co., LPA, Sexual Harassment Claims, Employment Law for Trade Unionist Conference Presentation, Michigan State University, Kellogg Center, April 13, 1998

Norton, Mary Katherine, Sachs, Waldman, O'Hare, Helvestion, Bogas& McIntosh, P.C., Detroit Sexual Harassment Claims, Employment Law for Trade Unionists Presentation, Kellogg Center, East Lansing, Michigan, April 13, 1998.

Palthe, Jennifer and Satish P. Deshpande, "Union Certification Elections In Nursing Care Facilities", The Health Care Manager, Colorado: Aspen Publishers, 2003.from the World Wide Web, Http//web1.infotac.galegroup.com/itw/infomark/289/104/48150867w1/purl=rcl_ITOF_0.

Pozgar, George D. and Nina Santucci Pozgar, Legal Aspects of Health Care Administration, Gaithersburg, Md: Aspen Publishers, 1999

Repa, Barbara Kate, Your Rights In The Workplace, Berkley, CA: Nolo, 2002.

Stern, Julia C, Administrative Law Judge, State of Michigan Bureau of Employment Relations, The Duty to Bargain Under The Public Employment Relations Act "The Basics", unpublished paper, May, 2002.

Wolkinson, Benjamin W. and Richard N. Block, Employment Law: The Workplace Rights of Employees and Employers, Cambridge, Mass; Blackwell, 1996.

Web Pages

State Labor Laws
http://www.dol.gov/esa/programs/whd/state/state.htm

Home Health Care Industry Under FLSA
>http://www.dol.gov/esa/regs/compliance/whd/printpage.asp?REF=whdfs25.htm</a

Nursing Care Facility Under FMLA
http://www.dol.gov/esa/regs/compliance/whd/printpage.asp?REF=whdfs31.htm

Fact Sheet HC Indus. On Hours Worked
http://www.dol.gov/esa/regs/compliance/whd/whdfs53.pdf

Coalition of Labor Union Women
http://www.cluw.org/

UAW Labor Laws Page
http://www.uaw.org/cap/04/issues/issue09.cfm

UAW Fair Labor Standards Act
http://www.uaw.org/cap/04/issues/issue06.cfm

Article- The Silent War: Assault on American Workers
http://www.aflcio.org/aboutunions/joinunions/howjoin/upload/vatw_issuebrief.pdf

American Rights At Work
http://www.araw.org/workersrights/eyebackground.cfm

Human Rights Watch
http://www.hrw.org/reports/2000/uslabor/

Voice at Work
http://www.aflcio.org/aboutunions/voiceatwork/

British Columbia Nurses Association
http://www.workingtv.com/patientsbillofrights.html

Corporate Research
http://iir.berkeley.edu/library/blg/corprsch.html

AFSCME Facts at Your Fingertips
http://www.afscme.org/wrkplace/ftipstc.htm

Labor History
http://www.geocities.com/CollegePark/Quad/6460/AmLabHist/index.html

Industrial Relations Research Association
http://www.irra.uiuc.edu/

Stopping the Clock
http://www.aft.org/pubs-reports/healthcare/Stop_the_Clock.pdf

Model State Language Banning Mandatory Overtime
http://www.aft.org/topics/mandatory-overtime/downloads/ModelMOT.pdf

Empty Hallways: The Hidden Shortage of Health Care Workers
http://www.aft.org/pubs-reports/healthcare/Empty-Hallways.pdf