California Nurses Association and SEIU Neutrality Agreement ruled Illegal by the NLRB

Published

The neutrality agreement the CNA and the SEIU obtained between Tenet Healthcare and the SEIU has been ruled as "Illegal Assistance to Unions" by the National Labor Relations Board. This precident was set after a suit filed by a Los Angeles area RN from Whittier Hospital Medical Center.

The Hospital has formally anounced that they will no longer recognize the CNA as the bargaining agent for the Registered Nurses at that facility. Talks with the SEIU have ended. The CNA has also agreed to REFUND union dues collected under this illegal agreement.

This affects Tenet and former Tenet employees who may have had dues collected illegally under this "Neutrality Agreement". If your hospital voted in the CNA and/or the SEIU under this agreement and the union won but not by a majority of the bargaining unit you may be able to have the results of the election overturned and your unlawfully collected dues refunded to you.

Actually, there is a nursing shortage and it's real. You can blame a little bit of on hospitals, but there are many complicated reasons for it. Aging workforce, aging baby boomers increasing demand, a female dominated profession where women marry and sometimes leave to raise their kids, high failure rates in nursing schools ... the list goes on and on.

Lousy working conditions are also a factor but in 2001-2003 140,000 RN's returned to work, probably because of the recession where, more than likely, their husbands were laid off.

Having said all of that, I still think unions play a role in relieving the shortage, particularly ratios and other things that improve working conditions. Certainly that helps retention. But unions alone won't solve the nursing shortage.

:coollook:

So the hospital industry created the "myth of the nursing shortage" because they wanted a reason to pay nurses more money?

Look at all the nursing trade magazines and papers. Look at monster.com or other employment websites. Go to a large nursing convention meet all the recruiters. Take a look at their offers. I was at the NTI Critical-Care Nurses convention in New Orleans in May. I was offered $10,000 sign on bonuses, all moving expenses paid. I was offered housing. I was offered excellant wages. I am sure that the hospital industry created the nursing shortage because they had some extra money floating around and wanted to share it with me. Not because they have a hard time attracting experienced RN's.

Nursing is a great career. There are so many choices to make. So I want to work in peds or GI lab? Cardiac critical-care or home health? Per-diem or full time? Travel? Why not?. Nurses as spread thin because of all the choices we have. What a terrible position to be in.

I repeat, there is no shortage. When working conditions improve, the "shortage" will disappear. My auto mechanic makes more than me. I think about leaving nursing often. Of the 8 males in my nursing class from 2001, I am one of 3 still in nursing. If I were not at a union hospital, I would be gone as well.

How Hospitals Created a Shortage of Nurses - http://www.revolutionmag.com/New_Rev/Back_Issues/newrev2/engineering.html

In the early 1990s the CNA was attempting to shepard a bill through the legislature. The California Hospital Association (AHA) as the union for the healthcare industry used to be called, sent lobbiests to Sacramento. They claimed, "There is a glut of nurses. Why pay for more care than is needed?" There were layoffs and replacements of registered nurses and licensed vocational nurses with unlicensed assistive personnel, NOT certified nursing assistants. These were literally on day dietary or housekeeping, next day "nurse" with as little as 16 hours of training.

I know, my hospital did it! And they layed off pharmacists too. Then medication errors double from one month to the next when each RN had twice as many patients assigned.

The very same hospitals who lobbied against more slots in nursing schools and layed off nurses now C/O "the shortage".

The committee at my hospital has worked hard educating management about safe staffing. While we still struggle we now have the time to provide safe effective therapeutic nursing care AND complete documantation.

Without the CNA contract language and the Assignment Despite Objection (ADO) form we would be ignored.

I am certain lives have been saved and suffering reduced because of the education classes and contract we have with CNA.

Specializes in Cardiac Critical Care, Trauma, Neuro..
How Hospitals Created a Shortage of Nurses - http://www.revolutionmag.com/New_Rev/Back_Issues/newrev2/engineering.html

In the early 1990s the CNA was attempting to shepard a bill through the legislature. The California Hospital Association (AHA) as the union for the healthcare industry used to be called, sent lobbiests to Sacramento. They claimed, "There is a glut of nurses. Why pay for more care than is needed?" There were layoffs and replacements of registered nurses and licensed vocational nurses with unlicensed assistive personnel, NOT certified nursing assistants. These were literally on day dietary or housekeeping, next day "nurse" with as little as 16 hours of training.

I know, my hospital did it! And they layed off pharmacists too. Then medication errors double from one month to the next when each RN had twice as many patients assigned.

The very same hospitals who lobbied against more slots in nursing schools and layed off nurses now C/O "the shortage".

The committee at my hospital has worked hard educating management about safe staffing. While we still struggle we now have the time to provide safe effective therapeutic nursing care AND complete documantation.

Without the CNA contract language and the Assignment Despite Objection (ADO) form we would be ignored.

I am certain lives have been saved and suffering reduced because of the education classes and contract we have with CNA.

Revolution Magazine is a publication of the California Nurses Association so take what is published there with that in mind.

The early 1990's was hard times for healthcare, especially in California. The HMO's were taking over. DRG's were introduced. We all know how much trouble people have with their health insurance companies without being in an HMO.

I had just started college (nursing school) and was told the job outlook was dismal at best. Having already spent 13 years in healthcare I was sure that this would turn around and thankfully I was right.

If unionizing is such a great idea then why is union membership falling off? Why does organizations like the CNA have to reach out across the country and "raid" other unions to increase their membership like the CNA has with the NNOC? Why are unions forcing "neutrality agreements" on companies in order to overwhelm employees with the union dogma? Why are unions attempting "card check elections" to avoid a lawful supervised secret ballot election?

The unions are doing these things because they know that if a smart and honest person has all the facts then he or she will most likely choose not to unionize. Some will choose to go for the money regardless of who they have to sell their souls to and that is sad. Look at the big picture and know who and what you are supporting when you choose union membership.

Specializes in Cardiac Critical Care, Trauma, Neuro..

I originally started this thread to inform nurses that the Neutrality Agreement that the CNA and the SEIU coerced Tenet Healthcare into signing has been declared illegal by the National Labor Relations Board. The CNA has agreed to refund dues taken from nurses paychecks.

I did this because so often this kind of information does not make the press and most ceratinly will not be made public by the California Nurses Association or the Service Employees International Union.

I did not start this to start a pro/con debate on unionizing, but that is what it has become and so be it. I obviously do not believe in unionizing and I believe this strongly on many levels.

I believe that nurses are educated, influential and well repected! I believe that the unions believe we as individuals and collectively are weak and voiceless. I believe if we stand up for each other we do not need a union to watch our backs. We far outnumber doctors, hospital administrators and CNO's and they know this.

The unions are big business and in this for the money and power just as much as any big corporation. The unions do manufacture a product. All the unions produce is fear, greed and mistrust. They thrive on it and where it does not exist they seed it and nurture it until it is ripe for the picking.

We can accomplish everything we need to accomplish without a union. We save lives, what more is there to say?

I originally started this thread to inform nurses that the Neutrality Agreement that the CNA and the SEIU coerced Tenet Healthcare into signing has been declared illegal by the National Labor Relations Board. The CNA has agreed to refund dues taken from nurses paychecks.

I did this because so often this kind of information does not make the press and most ceratinly will not be made public by the California Nurses Association or the Service Employees International Union.

I did not start this to start a pro/con debate on unionizing, but that is what it has become and so be it. I obviously do not believe in unionizing and I believe this strongly on many levels.

I believe that nurses are educated, influential and well repected! I believe that the unions believe we as individuals and collectively are weak and voiceless. I believe if we stand up for each other we do not need a union to watch our backs. We far outnumber doctors, hospital administrators and CNO's and they know this.

The unions are big business and in this for the money and power just as much as any big corporation. The unions do manufacture a product. All the unions produce is fear, greed and mistrust. They thrive on it and where it does not exist they seed it and nurture it until it is ripe for the picking.

We can accomplish everything we need to accomplish without a union. We save lives, what more is there to say?

I could not agree with you more!

I have been following this thread, and there are obviously some union organizers on here, but there also seem to be some who are open to information.

I think that unionizing is a choice that everyone has, but I believe that the union organizers do instill fear and an "us vs. them" mentality. They often create problems or blow small ones into large ones with a promise that the union can fix it. I've been doing a lot of self-educating on this topic... and a union can only "get" what an employer is willing and able to "give" through contract negotiations.

I think the situation at Scripps Encinitas is an interesting example. The union is demanding three things that the Hospital will not agree to and they have reached impass. The union is demanding that ALL RNs pay union dues whether they are members or not or be FIRED, that the hospital do away with their multidiscipinary patient care advisory board and replace it with an ALL RN patient care committee, and the 3rd demand is that the hospital do away with merit pay and base raises soley on seniority without regard for excellence. The CNA has called 2 strikes so far. Tell me how any of this has to do with patient care? or unfare work practices?

When CNA had the vote to except the hospital's offer or not, the nurses were given 2 options the first was "YES" the second was "NO and I authorize a strike" where was the option of "NO and I DON"T authorize a strike" Suspiciously missing!!!!!!!!!!!!!http://www.notinourhouse.org

There is a large group of RNs that have tried to file a decert petition and the CNA has filed "blocking" charges with the NLRB to stall the process. Democratic?...I don't think so!!!!!!!!!!!! They are every bit as "evil" as any corporation!

I originally started this thread to inform nurses that the Neutrality Agreement that the CNA and the SEIU coerced Tenet Healthcare into signing has been declared illegal by the National Labor Relations Board. The CNA has agreed to refund dues taken from nurses paychecks.

I did this because so often this kind of information does not make the press and most ceratinly will not be made public by the California Nurses Association or the Service Employees International Union.

I did not start this to start a pro/con debate on unionizing, but that is what it has become and so be it. I obviously do not believe in unionizing and I believe this strongly on many levels.

I believe that nurses are educated, influential and well repected! I believe that the unions believe we as individuals and collectively are weak and voiceless. I believe if we stand up for each other we do not need a union to watch our backs. We far outnumber doctors, hospital administrators and CNO's and they know this.

The unions are big business and in this for the money and power just as much as any big corporation. The unions do manufacture a product. All the unions produce is fear, greed and mistrust. They thrive on it and where it does not exist they seed it and nurture it until it is ripe for the picking.

We can accomplish everything we need to accomplish without a union. We save lives, what more is there to say?

You words are those of a very hateful person, who is woefully misinformed. CNA is NURSES. CNA nurses stand together. You promote a fractious agenda, that only serves the corporate wonks who hope to divide and conquer. If each nurse goes thier own way and no one sticks together, the profession will be fractured and weakened. The only way to advance nursing is on a united front. Hospital associations are united, political parties are united, only the weak and powerless try to go it alone. CNA speaks for all nurses, if you want to change the message, join and vote. If you wish to throw stones, you can at least thank the CNA nurses who have improved working conditions for union, and nonunion workers alike.

Specializes in Cardiac Critical Care, Trauma, Neuro..
you words are those of a very hateful person, who is woefully misinformed. cna is nurses. cna nurses stand together. you promote a fractious agenda, that only serves the corporate wonks who hope to divide and conquer. if each nurse goes thier own way and no one sticks together, the profession will be fractured and weakened. the only way to advance nursing is on a united front. hospital associations are united, political parties are united, only the weak and powerless try to go it alone. cna speaks for all nurses, if you want to change the message, join and vote. if you wish to throw stones, you can at least thank the cna nurses who have improved working conditions for union, and nonunion workers alike.

i appreciate your input and i especially thank you for proving my point. without knowing me you believe i am hateful, despite my statement that:

"i believe that nurses are educated, influential and well repected! i believe that the unions believe we as individuals and collectively are weak and voiceless. i believe if we stand up for each other we do not need a union to watch our backs."

you state that i have a "fractious agenda". what is fractious about standing up for each other? misinformed? read my posts, visit www.stopunions.com and www.onevoice-ourvoice as well. just because someone does not agree with me i do not call them misinformed. tbe "us versus them" attitude is a problem.

yes, hospital associations are united, political parties are united, somewhat. the difference is that this is all voluntary. we are forced to financially support the union at the risk of losing our jobs if a union is voted in. the cna demands a union security clause in their contracts. if we do not pay them dues the cna demands that we be fired and will send you to collections or small claims court in an attempt to collect unpaid dues.

working together as professionals, as partners working for the best interest of our patients and ourselves is the way to achieve our goals. i invite you to join me.

i appreciate your input and i especially thank you for proving my point. without knowing me you believe i am hateful, despite my statement that:

"i believe that nurses are educated, influential and well repected! i believe that the unions believe we as individuals and collectively are weak and voiceless. i believe if we stand up for each other we do not need a union to watch our backs."

you state that i have a "fractious agenda". what is fractious about standing up for each other? misinformed? read my posts, visit www.stopunions.com and www.onevoice-ourvoice as well. just because someone does not agree with me i do not call them misinformed. tbe "us versus them" attitude is a problem.

yes, hospital associations are united, political parties are united, somewhat. the difference is that this is all voluntary. we are forced to financially support the union at the risk of losing our jobs if a union is voted in. the cna demands a union security clause in their contracts. if we do not pay them dues the cna demands that we be fired and will send you to collections or small claims court in an attempt to collect unpaid dues.

working together as professionals, as partners working for the best interest of our patients and ourselves is the way to achieve our goals. i invite you to join me.

nurses have worked long and hard to be able to unionize, and gain the higher pay, better benefits, etc. i cannot understand why any nurse would be so anti union when they have befitted from what the union has done. personally, i feel that if you don't want to pay union dues, fine. then, by the same token you should not benefit from what the union has negotiated for the nurses. nurses who don't want to pay union dues should not be rewarded by the increase in pay, benefits, pension, holidays, etc, that was won by the nurses who payed the union dues and supported the union. that should settle that. it always annoyed me when the 'holier than thou", anti union nurses would get their panties all in a wad about having to pay union dues, not support the union in any way, and then go cash the increased paychecks. maybe you want to go back and take 10 patients in med surg, and the union nurses will have their 5 (thanks to cna and their staffing ratios that they won). but you wont do that, will you. or give your union raise $$ to the union nurses who paid the dues to the union. and you can go back to and keep you old pay scale.

the fractious individuals are the hospital administrators who are hell bent on controlling the nursing staff, and try every trick in the book, to give us as little as possible. they are the ones who are encouraging the "us vs. them" mentality. they are the ones who are encouraging nurses to remain divided. you must be in la la land, to not see it for your self. i figured that out years ago.

do you really thing that you can negotiate a better contract for yourself with the hard hitting hospital management? you must have delusions of grandeur. professional contract negotiators have a hard time fighting with the hospital administrators, and coming out with improvements for the nurses. i find it hard to believe that you think that you would do a better job. but why don't you get on the negotiating comitte next contract, and see how easy it is to negotiate with the administrators.

lindarn, rn, bsn, ccrn

Nurses have worked long and hard to be able to unionize, and gain the higher pay, better benefits, etc. I cannot understand why any nurse would be so anti union when they have befitted from what the union has done. Personally, I feel that if you don't want to pay union dues, FINE. Then, by the same token you should not benefit from what the union has negotiated for the nurses. Nurses who don't want to pay union dues should not be rewarded by the increase in pay, benefits, pension, holidays, etc, that was won by the nurses who payed the union dues and supported the union. That should settle that. It always annoyed me when the 'holier than thou", anti union nurses would get their panties all in a wad about having to pay union dues, not support the union in any way, and then go cash the increased paychecks. Maybe you want to go back and take 10 patients in med surg, and the union nurses will have their 5 (thanks to CNA and their staffing ratios that they won). But you wont do that, will you. Or give your union raise $$ to the union nurses who paid the dues to the union. And you can go back to and keep you old pay scale.

The fractious individuals are the hospital administrators who are hell bent on controlling the nursing staff, and try every trick in the book, to give us as little as possible. They are the ones who are encouraging the "us vs. them" mentality. They are the ones who are encouraging nurses to remain divided.

Do you really thing that you can negotiate a better contract for yourself with the hard hitting hospital management? Professional contract negotiators have a hard time fighting with the hospital administrators, and coming out with improvements for the nurses. I find it hard to believe that you think that you would do a better job. But why don't you get on the negotiating comitte next contract, and see how easy it is to negotiate with the administrators.

Lindarn, RN, BSN, CCRN

Perhaps the nurses who are against paying union dues do not want to see the costs passed on to their patients or know that under union protection it is hard to fire a slacker. Perhaps they are exemplory employees who know that means nothing under a dictatorship of union control. Perhaps these nurses support Governor Schwarzenegger and don't want to see their money wasted trying to oppose him on his reforms. There are lot's of reasons people don't want unions so casting these dispersions does nothing to strenghten your agrument but creates the sterotype of the union thug and union nurses pressuring ones that don't want to join the union into joining.

Revolution Magazine is a publication of the California Nurses Association so take what is published there with that in mind.

The early 1990's was hard times for healthcare, especially in California. The HMO's were taking over. DRG's were introduced. We all know how much trouble people have with their health insurance companies without being in an HMO.

I had just started college (nursing school) and was told the job outlook was dismal at best. Having already spent 13 years in healthcare I was sure that this would turn around and thankfully I was right.

If unionizing is such a great idea then why is union membership falling off? Why does organizations like the CNA have to reach out across the country and "raid" other unions to increase their membership like the CNA has with the NNOC? Why are unions forcing "neutrality agreements" on companies in order to overwhelm employees with the union dogma? Why are unions attempting "card check elections" to avoid a lawful supervised secret ballot election?

The unions are doing these things because they know that if a smart and honest person has all the facts then he or she will most likely choose not to unionize. Some will choose to go for the money regardless of who they have to sell their souls to and that is sad. Look at the big picture and know who and what you are supporting when you choose union membership.

I just want to make it clear that the text in my post is MINE, not from the article. - How Hospitals Created a Shortage of Nurses - http://www.revolutionmag.com/New_Re...ngineering.html

DRGs were introduced right after the Jackson Hole conference in 1982, not the early 1990s, I was a critical care nurse at my current hospital at that time.

I know a little bit about nurses working together for safe, effective, therapeutic patient care. My cow-workers from chief medical officer, fellow nursing staff, RT, dietary, housekeeping, and all who contribute are a family. We remember first dates, attend each others weddings, baby showers, graduations, parents funerals, and our grandchildren play together.

We attend conferences (I've been to NTI 14 times)

We organized with CNA years ago after "Shared Governance" was a waste of time. Thanks to our hard won contract PPC language management has to answer our written recommendations on the record.

Funny they will say things then refuse to put them in writing.

No more being forced to float to areas where we are not competent without even an orientation because, "A nurse is a nurse"

No more being charge nurse and forced to take several admissions while simultaneously calling to transfer patients to a lower level of care at three o'clock in the morning. See they used to cancel an "extra" nurse then admit all night. We were to transfer rather than open a closed unit. Waking critically ill patients in the middle of the night to transfer only to need to be readmitted to critical care in a few hours.

That does not happen any more. They don't want the incident reports, ADOs, written report. It was NOT due to a shortage it was because the supervisors were not evaluaited on nursing issues, but on the budget.

I know I have not "sold my soul" and am honest. I have been active in CNA at my facility, and lately attended demonstrations against the governor trying to harm my patients with less care and eliminate the Board of Registered Nursing. I think I am well informed in how conditions are better for patients and nursing staff at my hospital.

SO I will gladly admit to not being smart.

Funny since I joined CNA as my professional association (years before my hospital got a contract) membership has more than tripled.

I am glad other registered nurses have chosen to work for educated patient advocacy and improved working conditions for nurses.

It always annoyed me when the 'holier than thou", anti union nurses would get their panties all in a wad about having to pay union dues, not support the union in any way, and then go cash the increased paychecks. Maybe you want to go back and take 10 patients in med surg, and the union nurses will have their 5 (thanks to CNA and their staffing ratios that they won). But you wont do that, will you. Or give your union raise $$ to the union nurses who paid the dues to the union. And you can go back to and keep you old pay scale.

Lindarn, RN, BSN, CCRN

I think it's pretty obvious that most union opponents are cheap. Like most people, they want something for nothing. That's human nature and not unusual.

They love the ratio law and other benefits but they always complain about the dues, even when the better pay raises that they wouldn't get otherwise more than cover the dues ...

Really, it all comes down to the greed. The rest of it is concocted nonsense to try to justify the fact that they're too cheap to pay union dues.

:coollook:

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