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  #1  
Old Nov 27, 2001, 09:19 PM
-jt
Registered User
Join Date: Oct 2000
RNs on strike

UAN Nurses on STRIKE in NY

RNs STRIKE at St. Catherine of Siena Medical Center Strike

Smithtown, Long Island, NY -

Registered nurses of St. Catherine of Siena Medical Center (NY) filed notice on November 15 that they would strike at 7 a.m., Monday, November 26. The hospital did not come to an agreement with the RNs in the face of the 10 day strike countdown and so, at 7am, another RN strike for patient/nurse staffing, patient/nurse safety, and nurse recruitment, retention, and compensation began. Scabs have been brought in to staff the hospital which now has the best staffing it has ever had.

The staff nurses striking at St Catherines of Siena Medical Center in Smithown, Long Island are represented by the 34,000-member New York State Nurses Association (NYSNA) - a constituent member of the American Nurses Association (ANA) and founding member of the United American Nurses (UAN) - the labor arm of the ANA and affiliate of the AFL-CIO.

Issues - at a glance:

1. On November 19, a four-hour negotiation session was scheduled. With parties in attendance across the table from each other for just five minutes, no progress was recorded......

2. Union leaders scheduled an afternoon rally for Sunday, November 25....

3. Federal mediators scheduled a negotiation session for Sunday evening, November 25.......

4. NYSNA represents 474 registered nurses at the center. Their most recent three-year contract expired May 15. Negotiations have been underway since April. They held a session of informational picketing on Oct. 19 to protest the hospital's lack of concern about improving working conditions.......

5. The nurses, through contract negotiations, have attempted to solve the many problems with workplace conditions that have driven many veteran RNs to leave the facility, and discouraged new RNs from applying.

Major Issues:

* STAFFING - In June 1998, the hospital, then known as St. John's Episcopal, was cited by the state Health Department for numerous violations - including low RN staffing - after the death of a patient. After this incident, NYSNA fought to establish, and won, a set of unit-by-unit, shift-by-shift, RN-to-patient staffing guidelines that would ensure a safe staffing level......

Within a year, because of complex administrative problems, St. John's faced bankruptcy. Catholic Health System of Long Island offered to buy the facility, but demanded the nurses surrender their staffing guidelines, threatening to close the hospital if they refused.......

In the interests of their patients and the community, the nurses reluctantly agreed to give up the guidelines at that time but fully expected to re-visit the issue when that contract expired last May......

Hospital officials promised that they would do their best to maintain a safe staffing level. But staffing remains a problem, and is why the nurses voted Nov. 13 and 14 to strike........

Although the hospital is willing to consider reinstating a form of staffing guideline, it is not willing to enable nurses to enforce them through third-party arbitration. Such enforcement is a must if the nurses are to have the legal means to hold the hospital accountable........

* MANDATORY OVERTIME - A problem that is an outgrowth of short staffing, mandatory overtime fills vacant shifts when there are not enough RNs on staff. Typically, a nursing supervisor orders a nurse to work the next shift, or leaves the nurse with no choice but to "volunteer." Not only is this disruptive to the nurse's life, should the nurse have children in daycare, etc., but working an additional eight-hour shift is exhausting and dangerous
for patient care.......

The nurses want a provision stating the hospital will not require overtime except in an emergency. The hospital prefers to use such overtime as a regular staffing tool to fill vacancies rather than make the improvements that would attract nurses to come work at that facility or to retain nurses who do work at that facility.......

* HEALTH BENEFITS - As a means of encouraging veteran nurses to stay at St. Catherine's, NYSNA is seeking to improve their health benefits plan. NYSNA is offering a plan that would be more financially stable and offer far better benefits than the hospital's current self insured plan. The NYSNA plan would also offer the nurses the option of retirement health insurance, which is not available through the hospital. Although the plan is
competitively priced, the hospital has inflated the figures to say it is too expensive.......

* 12-HOUR SHIFTS - Currently many RNs in specialty units are working "flextime" - a schedule of three days of 12-hour shifts. Not only does this schedule provide for greater continuity of patient care, it is attractive tool for recruiting nurses. The hospital is seeking the sole right to discontinue flextime, with eight weeks notice, whenever it feels its nursing shortage has been corrected, leaving the nurses with no say or control in their workday lives. This would disrupt many facets of the nurse's life and would lead to even more resignations.......

* REFUSAL TO WORK OVERTIME - St. Catherine's RNs were the first in the nation to officially refuse to volunteer for overtime last month. Under a ruling by the National Labor Relations Board, a union can call for such a concerted action if it serves a 10-day notice. Nurses Are Exercising Their Rights.......

6. This is a time when our nation is recognizing the crucial role of all who serve the public, especially in health care. It is now more important than ever that our health care system be able to respond to emergencies and provide the necessary care. Yet the Medical Center continues to ignore nurses' concerns about safe staffing.

7. In the United States, when employees believe their concerns are not being addressed they have a legally protected right to take action. The RNs in Smithtown, Long Island will remain on strike for as long as it takes.

NYSNA | Current Collective Bargaining | St. Catherine of Siena Strike Countdown
http://www.nysna.org/NEWS/current/stcath_112001.htm

Contact Information | Press Releases
http://www.NYSNA.org
>>>>>>>>>>>



NYSNA/UAN Registered Nurses Strike on Long Island

Newsday
Smithtown, LI, NY - November 27, 2001


Nurses at St. Catherine of Siena Medical Center in Smithtown went on strike yesterday, frustrated over being forced to work mandatory overtime and in seeking a new health plan.

Some of the same issues now on the table almost doomed the sale of the hospital (then St. John's Episcopal Hospital) in February 2000, when nurses initially rejected and then grudgingly approved a contract that Catholic Health Services demanded before it would complete its deal to buy the struggling hospital and keep it open.

"They asked us back then to give them a year," said Barbara Crane, a registered nurse at the hospital and president of the hospital's New York State Nurses Association unit, breaking into tears. "We gave them a year and a half, and this is where we end up? "

The registered nurses, about 475 full-time and part-time nurses, represented by the New York State Nurses Association (NYSNA) had voted overwhelmingly to strike, and a bargaining session Sunday night failed to produce a last-minute agreement. The nurses have been working without a contract since May.

Hospital officials said yesterday they had brought in more than 100 replacement nurses to staff the hospital and that no cutbacks in service are planned. Hospital president and chief executive Jim Wilson said the hospital had as many nurses working as would be normally needed to take care of the 200 patients staying there.

"It's important for the community to know we are here and we are fully operational and we will continue to take care of their needs," he said.

Both sides cite two areas as major sticking points in negotiations: the nurses' desire to leave the hospital's health plan for a New York State Nurses Association plan and their concern with mandatory overtime.

As nurses walked the picket line yesterday, they expressed concern of routinely being told they would have to work extra hours after they finished eight- to 12-hour shifts to help fill holes in the schedule.

"They're using it as a regular scheduling tool," said Dan Chamberlain, a long-time operating room nurse at the hospital and a member of the union negotiating team. "These floor nurses are getting killed."

While Wilson acknowledged that the hospital does sometimes require mandatory overtime, he said that it accounts for no more than 4 percent of staffing over a typical two-week period.

The problem, he said, is a national nursing shortage. "Recruiting registered nurses has become very, very difficult for every health care provider in the country," he said.

CHS has hired 109 new nurses since taking over the hospital, but union representatives note that it has also lost more than 70 nurses since then. "What they don't understand is what it takes to keep a nurse," Crane said.

Wilson said nurses left for a variety of reasons, including retirement and relocation. "It's not an excessive number given what's going on in the industry," he said.

Wilson also said the overriding issue in the negotiations has been the nurses' wish to join a union-sponsored health plan.

That plan would cost the hospital some $500,000 more annually he said.

Crane said the nurses want to switch because the hospital has changed its benefit package several times and because the union plan may soon offer benefits that continue through retirement.

It's not clear when the sides will meet again; no bargaining sessions are scheduled at this time.

The nurses pledged to stay out as long as necessary.

A bargaining session last night failed to produce any agreement between the two sides, which have been negotiating a new contract since March. The nurses, who number about 475, have been working without a contract since last May.

"We're going to do whatever it takes, for as long as it takes", said Michael Chacon, the hospitals nursing representative from the New York State Nurses Association.

About 300 nurses gathered yesterday morning in front of the hospital, which was bought in 1999 by Catholic Health Services. At that time, the nurses grudgingly approved a contract so that the deal could go through, with hopes of addressing issues such as understaffing when the contract expired in May.

The nurses struck shortly after 7 a.m., hospital spokesperson Pat Stickle said this morning.

Replacement nurses have been hired to take their place.

Newsday.com - Strike at Smithtown Hospital >>>>>>
>>>>>>>>>



-recv'd this from a nurse involved in the strike on Long Island:


<<< Well, by now you have seen all the media coverage every major TV station covered this issue. Amazing coverage.
Thanks to those that spoke for us.

Tomorrow we are having a special TV channel 2 (CBS) media representative at 10 am. I would appreciate your attendance at that time. Also there is going to be a meeting at the Knights of Columbus at the junction of 347 and 454 (Vets highway) 6pm tomorrow night Tuesday.

Another person I admire and respect sent me an email today regarding whether or not this is a democratic society. She felt that her opinion and the others like her who voted not to strike was disregarded by the majority and she was pulled along by the tide.

My understanding of a democracy is just that, based on a majority, not by way of disregarding the individuals rights, but it is the expression of the majority of us that stems the tide of our way of life. This friend has lived through a strike and feels we left the "Patient" out in our equation.

I had hoped we made it clear to all -

THIS STRIKE IS FOR THE PROFESSION OF NURSING.

Make a stand now or face extinction.

In answer to her real concern about the patients welfare, we too were worried about what is happening to them (was that not the main topic of conversation on the line)? Today we all heard that for every four nurses that left the floor at 7am at least 6 came on duty. These scabs are not stupid, they won't work the way we do. They are being treated the way we wish we were.

It is our strong belief if we don't make workplace improvements to make our profession a viable choice for the young amongst us, the patient really will be in serious peril because there won't even be scabs to care for them.

Before I end for tonight, I want you all to know that Nancy Maggio, RN PerDiem Educator refused to cross the picket line today and has probably put her job in jeopardy as a result of her supporting us. Thank you Nancy I hope we don't lose you.

Good night, I am beat.
Barbara >>>>>>>>



The Registered Nurses on strike at
St. Catherine of Siena Medical Center
in Smithtown, Long Island, NY
will be featured on CBS
The Early Show
Thursday, November 29 at 7:48 a.m. (Eastern time)

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  #2  
Old Nov 28, 2001, 03:28 PM
Registered User
Join Date: Nov 2000

-jt
Thanks for the info on this latest NYSNA fight for adequate staffing and other working conditions. By any chance do you have a link that would give information on the NLRB ruling about concerted action regarding voluntary OT? Did this occur during the contract or after it expired?

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  #3  
Old Nov 28, 2001, 11:51 PM
-jt
Registered User
Join Date: Oct 2000

<By any chance do you have a link that would give information on the NLRB ruling about concerted action regarding voluntary OT?>

I had it & Ive been looking for 20 minutes & cant find it. I wrote a long post here explaining the whole thing & then my connection was lost & I lost the post. And since I cant cut a long story short:

The nurses were filling staffing holes by agreeing to requests that they work VOLUNTARY OT. The RNs were trying to help out & do what they could until the hospital hired more staff but with so many nurses reluctantly working OT, the hospital didnt have a need to hire anybody. It could just fill its holes by working the nurses to the bone when needed. And since the nurses were saying OK when asked to work OT, it was voluntary.

The nurses were concerned that they were enabling the hospital to abuse them, that the hospital was using them to avoid facing the chronic short-staffing problem, & they expressed their concern over this in their local bargaining unit meeting. Their colleague, a staff nurse who is the chair (president) of their local bargaining unit suggested they all just say NO to volunatry OT. And they did. All of them.

Suddenly the hospital had no staff for those hours. The hospital was livid. Since so many nurses were refusing to volunteer to work extra & that suggestion had been made by the nurse who was the lead union delegate there, and there was a contract in effect, the hospital called it a "concerted effort" It filed charges with the NLRB for illegal union activity, the same as if the nurses had taken a job action & walked off their jobs. All because they no longer were VOLUNTEERING to work ot.

The hospital was trying to FORCE the nurses to volunteer for
ot. Incredible? You havent heard the half of it!

In a recent decision, the NLRB AGREED with the hospital & held the union accountable for illegal activity. The NLRB said that the nurses deciding not to volunteer for overtime was the equivalent of a STRIKE! And an ILLEGAL STRIKE because no 10 day notice was given to the hospital. Imagine that! LUDICROUS.

Imagine your employer says: YOU CANT REFUSE TO VOLUNTEER FOR OT!! If you all dont volunteer, thats the same as striking! And we'll sue you because you didnt give us a strike notice!!!!"

Youd laugh at the employer right? (well I would) but then you get the shock of your life when you get into court & the powers that be AGREE with your hallucinating employer!!

This is ridiculous but its what just happened. The NLRB has stated that nurses can decide together to refuse to volunteer for ot but have to give a 10 day strike notice first. What is the meaning of the word VOLUNTEER anyway? Doesnt have to do with making your own choice?

Oh well, this backwards NLRB decision in NYC was even being talked about last month in Las Vegas last month - where nurses there had heard about it. Its the "decision" heard across the country. Weeks before their real strike this month, nurses at St Catherines of Siena, Long Island, became the first in the nation to file a 10 day notice that they would no longer choose to volunteer for overtime.

In the meantime, this is not the end of this.

For more info & articles contact the email address on the website:
http://www.NYSNA.org

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  #4  
Old Nov 29, 2001, 12:05 AM
-jt
Registered User
Join Date: Oct 2000
more RNs on strike........

NYSNA/UAN nurses at St Catherines on Long Island, NY and.......

on the verge in Michigan.......

Forced OT, Wages and Benefits, Staffing Issues Drive Strike Vote at Sparrow
11/20/01

Health care professionals at Sparrow Hospital in Lansing, Michigan, today over whelmingly authorized a strike if negotiations do not move forward. Negotiations sessions with a mediator are scheduled for Nov. 27. The Michigan Nurses Association/UAN represents nearly 1,800 registered nurses, medical technicians, physical therapists, pharmacists and other healthcare professionals at the facility.

Negotiations continuing with Sparrow Hospital
Wednesday, November 28, 8:00 a.m.

The Michigan Nurses Association bargaining team, representing the nearly 1,800 registered nurses, medical technologists, physical therapists, pharmacists and other healthcare professionals, met into the night with Sparrow's management.

An agreement has not been reached, but significant progress was made last evening. Both sides are hopeful that an agreement can be reached today. The bargaining teams will reconvene on this afternoon.

The major issues in the negotiations continue to be:

* Mandatory overtime: Healthcare professionals have critical
judgment skills and must be able to exercise these skills in making a decision to accept an additional shift. Mandatory overtime as a staffing practice must be eliminated.

* Floating: Floating is the practice of moving nurses to different units of the hospital, as the need arises. However, registered nurses, when temporarily assigned to a different unit, must be competent to provide safe patient care in that unit.

* Wages: To maintain its Top 100 status, Sparrow Hospital needs to recruit and retain the best in healthcare workers. The salary scale now focuses on the recruitment of new nurses and other healthcare workers, but fails to adequately address the hospital's retention problem. For example, nearly half of all Sparrow registered nurses have less than five years experience.

* Retirement benefits: Retirement benefits have eroded over the last few years. As patient stays have been reduced, and patient acuity levels have increased, benefits to retain skilled, experienced professionals are critical to patient care.

* Health and safety issues: Workplace issues such as latex
allergies, back injuries and violence are also greatly impacting the healthcare workforce. MNA has several proposals on the table to minimize the impact of these concerns.


For more information,

Welcome to UAN - The Union for Nurses, by Nurses
http://www.UANnurse.org

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  #5  
Old Nov 29, 2001, 12:06 AM
-jt
Registered User
Join Date: Oct 2000

The Registered Nurses on strike at
St. Catherine of Siena Medical Center
in Smithtown, Long Island, NY
will be featured on CBS
The Early Show
Thursday, November 29 at 7:48 a.m. (Eastern time)

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  #6  
Old Nov 29, 2001, 12:37 AM
Registered User
Join Date: Aug 2001

There it is again........What's with the ...REPLACEMENT NURSES.....I just posted on Scab Nurses...People ...we must stick together.....Shame on the REPLACEMENT NURSES...... Good luck to those with the fortitude to strike..I'll try to catch the show if I can get off this addictive site....

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  #7  
Old Nov 29, 2001, 09:47 PM
Registered User
Join Date: Nov 2000

-jt
Lets see if I understand this Catch 22 NLRB ruling. The RNs that actually filed a 10 day notice of refusing voluntary OT were working without a contract.
So if the contract was in effect, and had the usual no strike/no lock out language the RNs couldn't refuse voluntary OT because that would be an illegal strike because CBA in effect. But if the Union doesn't tell them to refuse Voluntary OT its then not a concerted effort and they can refuse the OT.

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  #8  
Old Nov 29, 2001, 11:47 PM
-jt
Registered User
Join Date: Oct 2000

<So if the contract was in effect, and had the usual no strike/no lock out language the RNs couldn't refuse voluntary OT because that would be an illegal strike because CBA in effect. But if the Union doesn't tell them to refuse Voluntary OT its then not a concerted effort and they can refuse the OT.>

That NLRB decision has got us stumped too. Shocked was the word, actually.

It appears that the reason why the NLRB said it was a "concerted effort" ie: STRIKE - was because they ALL refused to volunteer & they all refused to volunteer EVERY time they were asked to. The NLRB viewed that to be the same as a sick-out or a walk-out.... even though they hadnt walked out on their jobs - just on VOLUNTARY ot. The big thing for the NLRB was that there was no 10 day notice given before the nurses "walked-out" on volunteering. Thats why the union was cited for illegal activity - it did not serve a 10 day strike notice informing the hospital that the nurses would not be volunteering for ot. NLRB said nurses could refuse to volunteer but only after giving a 10 day notice because the refusal to VOLUNTEER is the same (according to the NLRB) as a strike, & must follow the same legal requirements as with a strike.

Hard to believe, isnt it?

The NLRB made no distinction that it was VOLUNTARY ot the nurses were refusing to work & not their regular jobs. (That amazes me every time I say it!) Last I knew, the word "voluntary" means you can decide whether you want to or not. The NLRB apparently doesnt see it that way.

Its not only because of the contract being in effect. It was because they ALL declined the OT EVERY time they were asked to do it & HAD NOT GIVEN A 10 DAY NOTICE that they would be declining.

In a strike, whether the contract is in effect or not you still must give a 10 day notice that there will be a strike. Our contracts specifically state we will not strike during the life of the contract. Some unions do not operate that way & might walk out mid-contract. Either way, you cant just walk out. There has to be a 10 day notice. The union, however, never considered there to even be a strike. There was no vote on a strike, no intent to strike, & nobody regarded themselves to be striking. So why in the world should they think to serve a strike notice when they werent going on strike?? They didnt.

But incredulously, the NLRB decided that everyone refusing to VOLUNTEER to work ot WAS a strike & it said the union was guilty of illegal activity because it didnt give a 10 day strike notice!

In my mind, when you are ASKED to do something, rather than being TOLD to do it, you have the choice to say no. The NLRB disregarded that little detail and viewed the nurses' refusal to volunteer for ot as the equivalent of a walk-out without giving notice (which is illegal activity whether there is a contract in effect or not).

For us, when our contract is in effect, walk-outs are illegal. When a contract is expired, these are not illegal activities but ONLY if a 10 day notice is given to the employer first. There was no 10 day notice because the nurses werent taking any job action and the union wasnt leading any strike. The nurses were just exercising their right to choose not to volunteer for overtime.

The union didnt tell the RNs to refuse OT. The nurses decided amongst themselves that they werent going to do anymore OT because that was letting the hospital avoid hiring needed staff. The union had nothing to do with their decision. The RNs had the discussion with each other at a bargaining unit meeting over the issue. The union was charged with illegal activity because the NLRB decided it was a strike, no 10 day notice was given, and because the person who made the suggestion to do it wasnt just a staff nurse, she was also the bargaining unit chairperson for the nurses at her hospital, therefore an extension of the union authority (some may call her position "shop steward"). The argument was that the union, through the bargaining unit chair, conducted an illegal strike (illegal because there was no notice given). That was news to the nurses because they never voted to strike, the union wasnt conducting a strike, and everybody was at work.

You know how it goes..... we're sitting around having coffee & griping about how theres not enough staff, I say to you "well why should they hire any more staff when they got us to fill in. I myself did 8 hrs of OT last week." You say "yeah and I worked 3 extra days OT this pay period". And Mary says "I stayed till 11pm 2 times this week". Then Nancy (the bargaining unit chair aka "shop steward") says "so they dont see the real need & true picture because we're picking up the slack. If we just stop volunteering to fill the holes, it will show how much staff is really needed. No big deal - Its our choice, right? Its voluntary - not MANDATORY - so we can choose to work it or not to work it. Lets just say NO next time we're asked. "
So we all look at each other & agree we arent volunteering for anymore OT this month.

The NLRB called that a Strike

and charged the union with illegal activity for not giving strike notice. With that, the jaws of union nurses across the country hit the floor. Its a really unbelievable interpretation that the NLRB made here. Bad enough lots of nurses still have mandatory ot forced on them but now we even have VOLUNTARY ot forced on us???.... unless we inform the hospital with a 10 day strike notice that we arent available for ot. Amazing.

An article was published by the Bureau of National Affairs in its "Legal News", Vol. 15, No. 33. Additionally, the NLRB website (http://www.nlrb.gov) has a copy of the decision:

http://frwebgate6.access.gpo.gov/cgi...ction=retrieve


Last edited by -jt : Nov 30, 2001 at 12:54 AM.
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  #9  
Old Nov 30, 2001, 11:51 AM
Registered User
Join Date: Aug 2001

Jeeze....It's seems to me we need to start getting our CEU's in LAW..Being able to descibe wounds or describe signs of child abuse seem secondary to being able to survive against the corporate giants and their force of slick attorneys.....

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  #10  
Old Nov 30, 2001, 09:38 PM
-jt
Registered User
Join Date: Oct 2000

youre so right.

The thing that is really galling is that the hospital brought this charge against its nurses because they wouldnt volunteer to bear the burden of the hospital's own mismanagement. The hospital refused to hire additional needed staff & then went full guns after its own nurses for refusing to voluntarily clean up the mess it made itself. If the hospital had put half the effort into investing in its own nursing workforce & correcting the workplace problems that it put into going after these charges, it might not have such a shortage of nurses who are willing to work there.

Its hospitals behavior is despicable. To continuously & knowingly schedule staffing holes, do nothing to address those staffing holes, make no attempt to correct the problem & then feverently seek to legally punish the nurses for not being willing to voluntarily bail the hospital out of the hole it dug itself into is the ultimate of arrogance.

Because of this NLRB decision, the nurses at St Catherines of Siena on Long Island did serve a notice that they would no longer volunteer for OT. That was weeks ago. Youd think the hospital would get the message? Well, rather than work with the nurses to improve conditions for them to work in & step up recruiting/retention initiatives to fill their scheduling holes, the hospital chose to force them to strike this month.
Then it hired scabs.

Really makes you wonder how they can say they value & respect their nurses at the same time they are taking these actions against their nurses. The word "propaganda" comes to mind.



CBS News interviewed RNs on the strike line in Smithtown, Long Island Tuesday morning, November 27. The report is scheduled for broadcast on CBS News' The Early Show on Tuesday, December 4, 7:38 A.M.

A Strike Rally will be held at 50 Rte. 25A in Smithtown, Saturday, December 1 from 11:00 A.M. to 12:30 P.M. Featured speakers include NYSNA President Robert Piemonte and Economic and General Welfare Director Lorraine Seidel, representatives from the UAN and other labor organizations, and entertainment (!) from the ICU nurses from New Jersey's St. Barnabas Hospital.


Latest developments, news reports, media coverage:

NYSNA | Current Collective Bargaining | St. Catherine of Siena STRIKE

http://www.nysna.org/NEWS/current/stcath.htm

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RNs on strike

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