November
30, 1999, Tuesday, Late Edition - Final
Section
A; Page 16; Column 6; National Desk
The
National Labor Relations Board ruled yesterday that interns and residents
at privately owned hospitals had the right to form unions under federal
law.
Labor
leaders immediately applauded the board's decision, saying it could lead
to improved conditions for hospital interns and residents. They said they
would seek to unionize many of the nation's nearly 100,000 interns and
residents, who often complain about notoriously long workweeks. Union officials
predicted that interns and residents at many of the nation's 400 teaching
hospitals would now push for shorter hours and lighter workloads.
Hospital
officials attacked the decision, which involved the Boston Medical Center,
saying that it would fuel tensions at hospitals and that collective bargaining
would interfere with the educational mission of teaching hospitals.
In
its 3-to-2 decision, the labor board, which is based in Washington, reversed
a 1976 ruling that interns and residents at private hospitals were students,
rather than employees, and thus did not have a right to unionize and bargain
collectively. Because the federal law interpreted by the 1976 ruling does
not cover public employees, the ruling did not apply to interns and residents
at public hospitals. Many of them already have the right to unionize, granted
at the state level.
To
defend its conclusion that interns and residents are employees, the labor
board noted that they worked long hours, made many medical decisions and
received salaries and fringe benefits, including vacations and workers'
compensation.
That
hospital staff members might "also be students does not thereby change
the evidence of their 'employee' status," the board's three-member majority
wrote.
The
two dissenters argued that the interns and residents were more students
than employees.
The
case pitted the A.F.L.-C.I.O., the American Medical Association and the
American Medical Students Association, which all filed briefs on behalf
of the interns, against the Association of American Medical Colleges, the
American Hospital Association and the American Council on Education, which
filed a brief on behalf of the hospital.
Jordan
Cohen, president of the Association of American Medical Colleges, which
represents 125 medical schools and 400 teaching hospitals, said the decision
would hurt teaching hospitals.
"These
are periods of medical training," Mr. Cohen said. "For these educational
programs to fulfill their social obligation and to prepare students optimally
for their future practice, it's critical that the educational aspects of
these programs be the primary issues. The notion of collective bargaining
and the threat of strikes or binding arbitration on issues that are fundamentally
educational is an abhorrent idea that we believe will potentially violate
the trust that must exist between learner and teacher."
Hospital
and union officials estimate that more than 80 percent of the nation's
100,000 interns and residents worked at private hospitals. About 10,000
interns and residents are unionized, but most of them work at public hospitals.
Close to 1,000 residents at private hospitals are unionized because their
hospitals voluntarily agreed to bargain with them.
Dr.
Ladi Haroona, president of the Committee of Interns and Residents, a group
in New York that represents nearly all of the unionized residents, said,
"This decision gives us the power to negotiate better conditions for the
nation's residents and to advocate better for patients."
The
ruling comes at a time when the American Medical Association and many unions
are stepping up efforts to persuade tens of thousands of salaried physicians
to join unions.
The
ruling stems from a case involving a residents' union at Boston City Hospital,
a public hospital that merged in 1996 into the Boston University Medical
Center Hospital. The combined hospital, which serves as the main teaching
facility for the Boston University School of Medicine, is private, but
it voluntarily recognizes the union of residents and interns that has existed
at Boston City Hospital since 1969.
That
union, part of the Committee of Interns and Residents, was worried that
there might be a merger with yet another private hospital and that the
resulting hospital might refuse to recognize the union. Thus, the union
asked the National Labor Relations Board to find that the workers had a
federally protected right to unionize and bargain collectively, a right
that would require a hospital to negotiate if a majority of employees voted
to unionize.