Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

Why it may be time for doctors to unionize

Karen S. Sibert, MD
Physician
October 25, 2021
197 Shares
Share
Tweet
Share

Remember the dark days of the pandemic, when the true risk of caring for COVID patients started to become clear? Remember when you could be censured by a nursing supervisor or administrator for wearing a mask in public areas lest you frighten patients or visitors?

Right around then, a third-year resident at UCLA decided to wear a mask wherever he went in the hospital, as testing wasn’t readily available yet for patients, and visitors still had full access. Someone with a clipboard stopped him and said he couldn’t wear a mask in the hallways. The resident politely responded that yes, he could. Why? Because his union representative said so. The discussion ended there.

The resident enjoyed backup that his attendings lacked because all UCLA residents are members of the Committee on Interns and Residents/SEIU, a local of the Service Employees International Union (SEIU). This union represents more than 17,000 trainees in six states and the District of Columbia.

As CMS threatens further pay cuts for anesthesiology services and other third-party payers are likely to follow suit, many attending anesthesiologists are asking: Why can’t we form a union? Alternatively, why can’t the ASA function like a union and negotiate on our behalf?

Are you an employee?

You may be eligible to unionize if you are an employee without the power to “hire, fire, or make managerial decisions.” According to one estimate, more anesthesiologists are employed (55 percent) today than ever before, and this trend is accelerating as private practices are absorbed by large health care systems in mergers and acquisitions.

Hospitalists in Oregon elected in 2015 to form a union affiliated with the American Federation of Teachers. Primary care physicians employed by clinics in Washington State voted to be represented by the United Salaried Physicians and Dentists Union. Their vote to unionize was challenged by their employer on the grounds that some of their work was “supervisory”, but the National Labor Relations Board (NLRB) upheld the physicians’ argument that their clinical supervision duties did not constitute managerial decisions.

The important distinction here is that within the ASA, some members would meet the NLRB’s definition of employees – even if they direct the clinical work of anesthesiologist assistants or nurse anesthetists – because they are directly employed by hospitals, health centers, or foundations. They could vote to unionize.

Other ASA members, whether they work within a group partnership or on a 1099 basis, would be classified as self-employed or as independent contractors, depending on exactly how their contracts are written. A third group – those in leadership and managerial roles, such as department chairs – would be considered supervisors or managers. All these are excluded from collective bargaining as a central provision of the National Labor Relations Act.

The ASA can advocate for fair physician payment, but an ASA attempt to negotiate payment rates on behalf of all its members would constitute “a horizontal agreement among competitors to fix payment” and would violate antitrust law.

Could we strike without a union?

Anesthesiologists and other physicians can act collectively without any union affiliation, and they have done so before. If no union is involved, it doesn’t matter whether or not they are employees.
In California during the 1960s and 70s, jury awards for pain and suffering in medical malpractice cases rose exponentially, and malpractice insurance premiums rose too. By 1975, insurance companies either withdrew from the California market or raised anesthesia malpractice premiums by as much as 350 percent. (These events have been described in detail in an excellent column by Drs. Jane Moon and Mark Singleton, published on the website of the California Society of Anesthesiologists on May 13.)

Some anesthesiologists left the state or retired, and others decided to practice without coverage. In desperation, California anesthesiology leaders headed for Sacramento to demand legislative change. Anesthesiologists and surgeons in northern California began a dramatic protest by refusing for weeks to perform elective surgeries. Finally, on September 23, 1975, Gov. Jerry Brown signed the landmark Medical Injury Compensation Reform Act (MICRA), which capped “pain and suffering” awards at $250,000. Despite repeated challenges, MICRA still stands.

At first, MICRA was vilified as unconstitutional until the California Supreme Court ruled to uphold it. While the court deliberated, anesthesiologists and surgeons in Los Angeles began their own month-long work slowdown in January 1976, again refusing to perform elective operations. This strike was studied extensively to determine if patients were harmed as a consequence. Though an estimated 25 percent to 50 percent of physicians participated, patient mortality decreased overall, and surveys by UCLA and the LA Times showed no significant negative effect on access to care.

Yes, but is it ethical?

Physicians today in many specialties are deeply unhappy about working conditions, production pressure, and how powerless they feel. The electronic health record is associated with burnout and disconnection from direct patient care. Could unionization be the best way forward, now that more and more physicians are employees of large health care systems?

According to Dr. Eric Topol, cardiologist and author, the answer to that question is yes. He believes it’s high time for a “new organization of doctors that has nothing to do with the business of medicine and everything to do with promoting the health of patients.” In his article titled “Why Doctors Should Organize,” published in the New Yorker last year, Dr. Topol asked, “Who will be in charge of our health as we move forward – doctors or their managers?”

The trouble with the word “union” is that it evokes the image of strikers picketing for better pay. The public will never sympathize with physicians if payment is our only cause. But patients and physicians might get behind “industrial action” in support of more time spent with patients, more and better PPE, fewer hours wasted with poorly designed electronic records – as long as patients are guaranteed that emergency coverage is always available.

Maybe it’s time to try a different approach. The right to organize and strike is supported by the United Nations and international law. Physician work stoppages or slowdowns can be conducted ethically, without patient harm.

Here’s one appealing idea for collective action. Take full care of the patients but document only the clinical care. Don’t waste your time ticking all the irrelevant boxes in the electronic record, which is a tool for billing and compliance-checking, not for patient care.
This kind of collective action could get some real attention from health systems and large employers because it would affect their billing and revenue. They are the ones with the size and clout to negotiate better contracts with third-party payers, to demand better electronic health records, and to push back against regulation creep. We love to blame insurers, but employers share responsibility for physician exploitation and demoralization. As the AMA Journal of Ethics has stated, “It is morally acceptable for physicians to unionize and employ collective action, including striking, as long as patients’ best interests are their reason for doing so.”

Where do I sign?

Karen S. Sibert is an anesthesiologist who blogs at A Penned Point. This article originally appeared in ASA Monitor.

Image credit: Shutterstock.com

Prev

Physician suicide: Where are the leaders? [PODCAST]

October 24, 2021 Kevin 0
…
Next

Which is better: Psychotherapy using video or in-person while wearing masks?

October 25, 2021 Kevin 2
…

Tagged as: Practice Management

Post navigation

< Previous Post
Physician suicide: Where are the leaders? [PODCAST]
Next Post >
Which is better: Psychotherapy using video or in-person while wearing masks?

More by Karen S. Sibert, MD

  • You’re a doctor when you’re not giving anesthesia?

    Karen S. Sibert, MD
  • How the board certification exams infantilize resident training

    Karen S. Sibert, MD
  • It’s time to redesign anesthesia care delivery

    Karen S. Sibert, MD

Related Posts

  • Doctors: It’s time to unionize

    Thomas D. Guastavino, MD
  • A perk of Medicare for all: More time for doctors and patients

    Rani Marx, MD and James G. Kahn, PhD
  • 3 reasons why doctors don’t unionize

    Baird Brightman, PhD
  • Why do doctors who hate being doctors still practice?

    Kristin Puhl, MD
  • Doctors die. But the good ones leave a legacy.

    Jaime B. Gerber, MD
  • Finding happiness in the time of COVID

    Anonymous

More in Physician

  • Breaking the cycle of failure in modern medicine

    Kortney West, MD
  • From license to loneliness: the dilemma of retired physicians

    Richard Plotzker, MD
  • Unlearning our habits: a journey from intelligence to wisdom

    Brian Sayers, MD
  • Beyond pizza and pens: National Doctors’ Day should be about saving lives

    James Young, MD
  • Maximizing physician potential: How coaching can aid in conflict resolution, enhance health care leadership and build stronger teams

    Asha Padmanabhan, MD
  • Physicians are a finite resource we need to protect

    Jack Resneck, Jr., MD
  • Most Popular

  • Past Week

    • The untold struggles patients face with resident doctors

      Denise Reich | Conditions
    • Physicians are a finite resource we need to protect

      Jack Resneck, Jr., MD | Physician
    • Beyond pizza and pens: National Doctors’ Day should be about saving lives

      James Young, MD | Physician
    • From clocking in to clocking out: the transition to retirement

      Debbie Moore-Black, RN | Conditions
    • Collaborating with occupational therapists: a game-changer for behavioral health [PODCAST]

      The Podcast by KevinMD | Podcast
    • Telemedicine in the opioid crisis: a game-changer threatened by DEA regulations

      Julie Craig, MD | Meds
  • Past 6 Months

    • The real cause of America’s opioid crisis: Doctors are not to blame

      Richard A. Lawhern, PhD | Meds
    • Nobody wants this job. Should physicians stick around?

      Katie Klingberg, MD | Physician
    • The fight for reproductive health: Why medication abortion matters

      Catherine Hennessey, MD | Physician
    • It’s time for C-suite to contract directly with physicians for part-time work

      Aaron Morgenstein, MD & Corinne Sundar Rao, MD | Physician
    • Resetting the doctor-patient relationship: Navigating the challenges of modern primary care

      Jeffrey H. Millstein, MD | Physician
    • The untold struggles patients face with resident doctors

      Denise Reich | Conditions
  • Recent Posts

    • Collaborating with occupational therapists: a game-changer for behavioral health [PODCAST]

      The Podcast by KevinMD | Podcast
    • Breaking the cycle of failure in modern medicine

      Kortney West, MD | Physician
    • ChatGPT: the Napster of the AI world?

      Harvey Castro, MD, MBA | Tech
    • The missing piece of physicians’ financial plans

      Daniel B. Wrenne, CFP | Finance
    • Counterfeit drugs: a hidden danger lurking in your medicine cabinet

      Emily Kahoud | Meds
    • How understanding cultural backgrounds can lead to better patient care [PODCAST]

      The Podcast by KevinMD | Podcast

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 2 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

CME Spotlights

From MedPage Today

Latest News

  • Is Surgery Riskier After a COVID Infection?
  • The Best Medicine for Healthcare Workers: A Living Wage
  • Meat Consumption and UTIs; Air Pollution's Effects on Health
  • 'Early Birds' With Sleep Apnea May Get More CPAP Benefits
  • Mental Health Care Goes Beyond Just the Patient

Meeting Coverage

  • VTE Risk in Recurrent Ovarian Cancer Increases With More Lines of Chemotherapy
  • Obesity's Impact on Uterine Cancer Risk Greater in Younger Age Groups
  • Oral Roflumilast Effective in the Treatment of Plaque Psoriasis
  • Phase III Trials 'Hit a Home Run' in Advanced Endometrial Cancer
  • Cannabis Use Common in Post-Surgery Patients on Opioid Tapering
  • Most Popular

  • Past Week

    • The untold struggles patients face with resident doctors

      Denise Reich | Conditions
    • Physicians are a finite resource we need to protect

      Jack Resneck, Jr., MD | Physician
    • Beyond pizza and pens: National Doctors’ Day should be about saving lives

      James Young, MD | Physician
    • From clocking in to clocking out: the transition to retirement

      Debbie Moore-Black, RN | Conditions
    • Collaborating with occupational therapists: a game-changer for behavioral health [PODCAST]

      The Podcast by KevinMD | Podcast
    • Telemedicine in the opioid crisis: a game-changer threatened by DEA regulations

      Julie Craig, MD | Meds
  • Past 6 Months

    • The real cause of America’s opioid crisis: Doctors are not to blame

      Richard A. Lawhern, PhD | Meds
    • Nobody wants this job. Should physicians stick around?

      Katie Klingberg, MD | Physician
    • The fight for reproductive health: Why medication abortion matters

      Catherine Hennessey, MD | Physician
    • It’s time for C-suite to contract directly with physicians for part-time work

      Aaron Morgenstein, MD & Corinne Sundar Rao, MD | Physician
    • Resetting the doctor-patient relationship: Navigating the challenges of modern primary care

      Jeffrey H. Millstein, MD | Physician
    • The untold struggles patients face with resident doctors

      Denise Reich | Conditions
  • Recent Posts

    • Collaborating with occupational therapists: a game-changer for behavioral health [PODCAST]

      The Podcast by KevinMD | Podcast
    • Breaking the cycle of failure in modern medicine

      Kortney West, MD | Physician
    • ChatGPT: the Napster of the AI world?

      Harvey Castro, MD, MBA | Tech
    • The missing piece of physicians’ financial plans

      Daniel B. Wrenne, CFP | Finance
    • Counterfeit drugs: a hidden danger lurking in your medicine cabinet

      Emily Kahoud | Meds
    • How understanding cultural backgrounds can lead to better patient care [PODCAST]

      The Podcast by KevinMD | Podcast

MedPage Today Professional

An Everyday Health Property Medpage Today iMedicalApps
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Why it may be time for doctors to unionize
2 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...