Union organizing is gaining momentum and could be coming to a senior living community near you, according to legal experts.
The pandemic, economic uncertainty, political shifts and social media are contributing to an increase in union activity in a variety of industries, including healthcare. And as a growing industry hit hard by the pandemic, senior living is an attractive target for unionizing efforts, according to speakers at last week’s Argentum Senior Living Executive Conference in New Orleans.
Laurel Cornell, regional managing partner in Fisher & Phillips’ Louisville, KY, office, said that although union existence still is relatively small in the private sector, Starbucks is sparking an increase in labor activity, particularly in industries where it is not traditionally seen as much, including healthcare.
According to Cornell and Reyburn Lominack, a partner in Fisher & Phillips’ Columbia, SC, office, 2,510 union representation petitions were filed overall in fiscal year 2022, a 53% increase from petitions filed in fiscal year 2021 and the highest number filed since 2016. There also was a 52% increase in labor strikes last year.
According to the National Labor Relations Board, the percentage of union representation petitions in the healthcare field have increased every year since 2020.
Along with unionization efforts ramping up, a 2022 Gallup poll also revealed increasing support for unions: 71% of Americans approved of labor unions, with public approval at its highest level in more than 50 years. More surprising, Lominack said, was that the poll marked the first time that Gallup found that a majority of Republicans (56%) indicated approval of organized labor.
Playing off of that support, he said, Service Employees International Union is targeting healthcare workers. In the wake of the COVID-19 pandemic, the international labor union began blogging and organizing, uniting workers under common complaints about staffing shortages, increased hours, fewer remote work options, workplace safety and personal protective equipment, testing and vaccination issues.
Do the right thing
Preemptive opportunities exist for most employers to get ahead of union organizing activities by doing the right things, the speakers said. Those include training supervisors and managers to understand the issues and signs that could lead to union activity, and how to respond.
“Employees don’t vote for unions; they vote against management,” Cornell said. “There are underlying issues that cause this to bubble up to the surface.”
Those underlying issues, she said, include employees believing that they don’t have a voice at the company, feeling unappreciated, perceiving unfair or inconsistent treatment, not trusting management and having “bad” supervisors.
Potential signs of union activity, the attorneys said, might include group action, an increase in new leaders in the workplace, unusual questions, silence, and signs or paraphernalia in break rooms.
It’s important for supervisors and managers to listen to employees, Cornell said. Such leaders are the face — as well as the eyes and ears — of a company, so when they listen, employees feel as if the company is listening, she said.
“To succeed in senior living, the loyalty and support of families, residents, employees and the wider community is critical,” she said.
