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The union thus acts as an advocate for worker's legal rights, including their right not to be subject to drug tests as well (although this issue is far more contentious, given that Xanitos also argues that testing is required from the point-of-view of patient safety.
A more controversial drug testing issue is prohibiting all workers from using tobacco, a controversial practice that has become increasingly common amongst healthcare establishments. "More hospitals and medical businesses in many states are adopting strict policies that make smoking a reason to turn away job applicants, saying they want to increase worker productivity, reduce health care costs and encourage healthier living" (Sulzberger 2011: 1). However, the union argues "such policies are a slippery slope -- that if they prove successful in driving down health care costs, employers might be emboldened to crack down on other behavior by their workers, like drinking alcohol, eating fast food and participating in risky hobbies like motorcycle riding" (Sulzberger 2011: 1).
Regarding the issue of outsourcing in general, the Taft-Hartley Amendment prohibits 'closed shop' labor practices and some contend that prohibiting the use of any outsourced labor, another union argument, creates a de facto closed shop for the hospital. The argued contractual prohibition of outsourcing seems to be the most dubious of all of the union's claims, given it never protested previous outsourcing....
However, "in the past, the hospital has outsourced housekeeping and employees were able to keep their jobs without facing additional hurdles" and the practices of this specific outsourcing company seem in violation of federal as well as hospital guidelines (Green 2010). Negotiations remain ongoing regarding the issues at stake and regardless of the final decision, the fact that many workers could lose their jobs due to the literacy tests and zero-tolerance nicotine policy of the company illustrates the need for unions to act as independent labor advocates for worker's civil rights, as well as for better wages and benefits.
References
Green, Laura. (2010, November 5). Housekeepers union files lawsuit against St. Mary's Medical
Center. The Sun Sentinel. Retrieved February 22, 2011 at http://articles.sun-sentinel.com/2010-11-05/news/fl-nurses-lawsuit-20101105_1_hospital-workers-housekeepers-union-contract
Runkel, Ross. (2006, January). Disparate impact. Law Memo. Retrieved February 22, 2011 at http://www.lawmemo.com/101/2006/01/disparate_impac_1.html
Service Employees International Union. (2011). Official website. Retrieved February 22, 2011 at http://www.seiu.org/splash/
The New York Times. Retrieved February 22, 2011 at http://www.nytimes.com/2011/02/11/us/11smoking.html
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