The vote to form a union, a clear majority, went against the recommendations of the AMA s Board of Trustees, who recommended that the AMA pursue other options to fight managed care challenges. Whether or not you agree with the AMA s move to go union, it is important to be aware of the debate and how it can affect you as a practicing allergist. It is easiest to discuss physician unionization in terms of who is eligible to join and who is not. Despite the push to unionize, most U.S. physicians cannot legally belong to a union. The AMA estimates that only about 108,000 of the nation s 621,000 physicians are eligible to join a collective bargaining unit.
Physicians are employees if they are employed as a staff member and are in a non-supervisory role.
The other group that may be eligible to collectively bargain is residents, but eligibility varies depending on state law. Most physicians fall under the self-employed category, and therefore cannot join a union. The law would exempt self-employed physicians from antitrust laws and allow them to collectively negotiate with health plans. Currently, the bill is stalled in committee and the likelihood of passage is not known, especially in light of opposition from House Judiciary Committee Chairman Henry Hyde. NLRB Regional Director Dorothy Moore-Duncan ruled that physicians in New Jersey who hold contracts with AmeriHealth HMO are independent contractors, not employees, and could not form a collective bargaining unit.