Unit 4

Labor Relations

Labor Issues

Vicarious liability: one party is responsible for the actions of another

Employer liable for damages

Encourages employer to retain competent practitioners

Respondeat Superior

“Let the master respond”

Employer is given responsibility for negligent actions

Duling v. Bluefield - Landmark case in 1965

Scope of Respondeat Superior

Injured must show that the employer had control over the employee

Negligent act occurred within the course and scope of the employee’s employment

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 physician’s direction who is not employed by the agency

Ostensible Authority

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

Personal Liability

Individuals are responsible for their own actions

Supervisors may or may not be held liable for staff actions depending on situations

Indemnification

Allows employer to recover damages from the individual personally responsible

Labor Law

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

United American Nurses

National Labor Assembly

North Carolina holds membership

Affiliated with ANA

27 State memberships

American Federation of Government Employees (AFGE)

AFGE represents Salisbury VA

Contract negotiated every few years

Contract takes precedence over VA policy

Federal Labor Relations Board

Seniority major factor in decision making

American Federation of Government Employees (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