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Will COVID-19 Prompt Unionization in the Health Care Sector?

As we enter the seventh mid to late nineteenth centu- ensure adequate access to personal pro- have never had a unionization effort in
month of the COVID-19 ry as a result of the Industrial tective equipment for their members, their workplace need to be careful not to
lockdown, labor unions Revolution. Unions are and to increase staff to patient ratios to violate these prohibitions.
continue to find them- organizations that represent help mitigate the high risk of infection. These NLRA protections do not apply
selves increasingly more employee groups for purpos- They have also educated their members to federal, state and local government
relevant, especially as es of collective bargaining on their health and safety rights during employees, independent contractors,
many healthcare staff and with their employer. these uncertain times, to ensure those and supervisors. However, some states
professionals find their Employers should note, rights are enforced. have provided a carve-out for state and
work assignments and however, that employees Healthcare systems that are not union- local government employees.
paychecks disrupted as have a right to bargain collec- ized are now beginning to mobilize to Florida’s “Right to Work” law under
their employers deal with tively even without a union. attain the same results. section 6 of article 1 of the state consti-
the consequences of the Unions may also help main- Employers and employees should take tution provides “the right of persons to
pandemic. While some of BY KOMAL S. MIRZA, tain minimum employee note of the rights and obligations found work shall not be denied or abridged by
the largest labor unions ESQ. skills and training require- in the National Labor Relations Act membership or non-membership in any
in the nation represent ments in return for improved (NLRA), which regulates both union and labor union or labor organization.” The
nurses and other worker working conditions or non-union employers. The NLRA pro- constitutional provision functions to
functions within some hospitals and increased salaries, and help shield mem- tects most private sector employees, provide all public sector and private sec-
health care systems, unionization has bers from wrongful termination – a affording them a section 7 right to organ- tor employees, alike, the right to join a
been more of the exception than the shield that many healthcare workers may ize and act in furtherance of their collec- labor union. It is important to note that
norm in pre-COVID days. Thus, given now be focused upon as they see disrup- tive interests, including improved work- where the law affords public sector
the new found popularity of these organ- tion within the industry. ing conditions. As noted above, these employees the right to collectively bar-
izations, many are faced with the ques- In wake of the COVID-19 crisis, labor protections may exist even when the gain through a labor union, it does pro-
tion of whether to unionize. Similarly, unions representing front-line workers workforce is not represented by a union. hibit them from striking.
many health care employers may soon have aggressively advocated on behalf of Furthermore, employees have the right
become faced with unionization efforts their members for better working condi- to form a union where one does not Komal Mirza is an attorney with
by their employees. This article address- tions. They have called attention to per- exist. Under the NLRA, employers are Healthcare Law Partners, L.L.C.
es some of the key issues in unionization sonal protective equipment shortages expressly prohibited from interfering, For more information, visit
efforts. and risky staffing practices. Unions have coercing or preventing employees from www.HealthcareAttorney.net.
Labor unions began forming in the pushed employers to change policies to exercising this right. Employers who

UM Begins Second COVID-19 Vaccine Clinical Trial

Physician-researchers with the Olveen Carrasquillo, M.D., M.P.H., pro- for the prevention of SARS-CoV-2. initiated vaccine trials for COVID-19 in
University of Miami Miller School of fessor of medicine and public health sci- The trial is designed to evaluate if the July as a partner site with the National
Medicine have begun a new Phase 3 clin- ences and chief of the Division of investigational Janssen vaccine can pre- Institutes of Health COVID-19 Pre -
ical trial to test another investigational General Internal Medicine. vent symptomatic COVID-19 after a sin- vention Trials Network. The Moderna
vaccine for COVID-19. “It is I critically important that we gle dose regimen. vaccine was the first to be tested through
Part of a large-scale international trial enroll a very diverse population for the Prospective study volunteers will need the network.
in partnership with Janssen Pharma - study,” said Dr. Carrasquillo, a national to be 18 or older. Miller School clinical “Conducting a vaccine clinical trial
ceuticals, the clinical trial to test the authority on population health. “That researchers plan to recruit young and needs a team of teams approach from the
Janssen vaccine is the Miller School’s way we can ensure that the vaccine will older adults, including some older vol- research community and willing volun-
second in human study of its kind. be equally effective for all groups.” unteers with existing co-morbidities. teers,” said Dr. Jayaweera. “This is a his-
“With the availability of test vaccines, At the Miller School site for the Eligible study participants, who have not toric moment and these vaccine trials
I feel very encouraged, enthusiastic and Janssen vaccine, researchers plan to previously had COVID-19, will receive give us hope.”
optimistic that we will overcome this enroll up to 1,500 volunteers in South one injection of either the vaccine or the
pandemic soon,” said Dushyantha Florida. Diverse recruitment, especially placebo and will be followed over two For more information on
Jayaweera, M.D., professor of medicine of Blacks and Latinos is a major goal. years. UM’s Janssen vaccine trial,
and principal investigator for Janssen’s The study, titled “Ensemble,” is ran- The Miller School of Medicine is a visit Janssencovidvaccine@miami.edu
UM site. Dr. Jayaweera leads the study domized and double-blind to assess the major research center for infectious dis- or call (305) 243-0952.
along with co-principal investigator efficacy and safety of the Janssen vaccine eases, particularly HIV and AIDS. UM

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10 October 2020 southfloridahospitalnews.com South Florida Hospital News