Hospital Unions

WAGES AND working conditions in United States hospitals are frequently as depressed as those of any major U.S. industry, but until very recently the federal government, fearing to upset the nation's health care institutions, has been reluctant to support hospital unionization. Congress only brought hospital unions under the protection of the National Labor Relations Act in 1974.

The special conditions of hospitals, where workers' rights to organize must be balanced against patients' rights to quality health care, bring forth unique legal questions as to where employees should be allowed to unionize. Harvard-affiliated Beth Israel Hospital is bringing before the Supreme Court a case that will set an important precedent.

The hospital is disputing a National Labor Relations Board (NLRB) decision forbidding the hospital from banning prounion solicitation in its cafeteria. Beth Israel claims that union supporters might disturb ambulatory patients and visitors eating there. But the hospital cafeteria is also an important employee gathering place. Hospital administrators can argue against the union in letters that accompany workers' paychecks, but a union that is unable to reach workers during their off-hours at the hospital is severely restricted in its ability to present its side of the picture.

A Massachusetts Court of Appeals upheld the NLRB in the Beth Israel case, but in a similar case, a Missouri court ruled that hospitals do have a broad right to restrict pro-union activities on their grounds. The Supreme Court should hear the two cases to resolve the contradictory decisions. The Court should keep an eye to patients' rights, certainly, but it must also assure that there is a forum where unions can reach a long-neglected work force.