Keating G C
Choate, Hall & Stewart, Boston, Massachusetts, USA.
Healthc Financ Manage. 1999 Nov;53(11):52-6.
Physicians increasingly are assuming the status of employees in healthcare organizations. Physicians also are seeing restrictions imposed on their practices by healthcare organizations seeking to control costs of care delivery. These trends have led a growing number of physicians to attempt to organize into unions. Obstacles to physician unionization efforts have included Federal antitrust laws that prohibit physicians from organizing, as well as physician reluctance to engage in organized activities they see as antithetical to their professional duties (e.g., strikes). In addition, physicians' attempts to unionize frequently have failed due to provisions of the National Labor Relations Act, which authorize collective bargaining only among individuals designated as "employees." Physicians seeking to form unions often are thwarted by the argument that they are not employees, but rather students, independent contractors, or supervisors, and therefore not entitled to protection under the act. Nonetheless, a number of recent developments, such as the American Medical Association's decision to endorse unionization by physicians and the National Labor Relations Board's decision that attending physicians should be regarded as employees, not supervisors, are creating a climate more conducive to physician unionization in the United States.
医生越来越多地成为医疗保健机构的雇员。医生们也看到,试图控制医疗服务成本的医疗保健机构对他们的行医施加了限制。这些趋势导致越来越多的医生试图组建工会。医生组建工会努力的障碍包括禁止医生组织起来的联邦反垄断法,以及医生不愿参与他们认为与职业职责相悖的有组织活动(如罢工)。此外,医生组建工会的尝试往往因《国家劳动关系法》的规定而失败,该法仅授权在被指定为“雇员”的个人之间进行集体谈判。试图组建工会的医生常常因这样的论点而受挫,即他们不是雇员,而是学生、独立承包商或主管,因此无权受到该法案的保护。尽管如此,最近的一些发展,如美国医学协会决定支持医生组建工会,以及国家劳动关系委员会决定主治医生应被视为雇员而非主管,正在营造一种更有利于美国医生组建工会的氛围。