The Law and Economics of Collective Bargaining for Hospitals: An Empirical Public Policy Analysis of Bargaining Unit Determinations

Abstract

The National Labor Relations Board recently promulgated a rule that predesignated eight hospital bargaining unit classifications. The rule was an unusual deviation from adjudicatory procedures, intended to facilitate administrative approval without increasing strike activity or causing other undesirable collective bargaining outcomes. This article reports empirical data from a national survey of 574 hospitals. The survey was designed to test the economic conclusions that the Board reached in its Final Rule. The article concludes that the data support the Board's determination that designating the eight classifications is unlikely to cause undesirable collective bargaining consequences