United StatesAntitrust/Competition Law
by Elinor R. Hoffmann, Esq.
Managed Care Interface, Vol. 11, No. 3 at p. 81, March 1998
In the past two years, there have been a number of news articles, even a T.V. news segment, highlighting a new drive among physicians to become card-carrying members of a union engaged in collective bargaining. The objective is to increase bargaining power between physicians and the managed care organizations that use their services.
There is undoubtedly strength in numbers. From time to time, labor unions have proven their ability to wring concessions for their employee members from recalcitrant employers. And clearly, the collective bargaining activities of valid unions with respect to the wages, hours and terms and conditions of employment are sanctioned and encouraged by our labor laws. Unions, however, are intended to strengthen the bargaining position of bona fide employees, not of independent entrepreneurs.
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