USE OF MEDICARE FUNDS TO FINANCE HOSPITAL UNION BUSTING

WHEREAS, it is, and since 1935, has been statutorily "...declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate those obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment and other mutual aid or protection." (Findings and Policies set forth in Section I of the National Labor Relations Act; emphasis supplied); and

WHEREAS, the vast majority of health care employees was denied the protection of our basic federal labor law between 1947 and 1974 by virtue of the exclusion of not-for-profit hospitals from coverage under the law and such employees are, therefore, a quarter century behind those in other industries in realizing the protection and benefits conveyed by this declared policy of the United States; and

WHEREAS, health care employers have been and increasingly are using the services of union-busting consultants to interfere with and deny employees the right to exercise their freedom of association, self-organization, and collective bargaining through their chosen representative; and

WHEREAS, these anti-union anti-employee activities clearly do not relate to patient care services; and

WHEREAS, the Health Care Financing Administration has by administrative change in Medicare reimbursement policy now allowed hospitals and other patient care service providers to obtain reimbursement, including retroactive reimbursement, for costs they incur in attempting to persuade employees not to engage in self- organization and collective bargaining; and

WHEREAS, this administrative policy change places the federal government in a partnership with and as an ally of health care employers to use public money to oppose efforts of employees to exercise their right of self-organization and collective bargaining; and

WHEREAS, this posture of the federal government is categorically contrary to its obligation to promote and effectuate the statutory policy of the United States to encourage the practice and procedure of collective bargaining and to protect the full freedom of workers to exercise their right to self-organization and collective bargaining:

RESOLVED, that the FNHP/AFT notify the Secretary of Health and Human Services, the appropriate House and Senate committees, and the president of the United States of the deep concern of our members over this diversion of desperately needed Medicare funds away from their intended purposes and to the support of purposes which are contrary to and obstructive of statutorily declared policy of the United States.