fed up NJ RNs take action

[-jt]

Some nurses believe that they can "represent" themselves well enough. And they probably can up to a point. But there are times that we need expert help and that is where our strong nurses union comes in:

Making Waves at Somerset Medical Center

by Mark Genovese

New York State Nurses Assoc (NYSNA)

Report - February, 2004

Violations prompt calls to N.J. Health Department, delay in magnet application

NYSNA doesn't yet represent the RNs at Somerset Medical Center, but it's already done a tremendous amount on their behalf.

Even though NYSNA is still in the middle of an organizing campaign at the Somerville, New Jersey facility, it has stepped in to defend the rights of RNs who were laid off by the illegal closing of the medical center's inpatient psychiatric unit. NYSNA helped bring about an investigation by New Jersey's Health Department and caused a delay in the medical center's application for magnet status.

NYSNA's organizing efforts in New Jersey are the result of a shared-service agreement with the New Jersey State Nurses Association. NYSNA already represents RNs at two hospitals in that state.

"Why don't you tell the truth?"

On Oct. 24, 2003, medical center administration suddenly closed the psychiatric unit. "This unit also happened to employ some of NYSNA's strongest supporters," said Marvin Moschel, assistant director for organizing NYSNA's Economic & General Welfare Program. "More than a dozen RN jobs were lost, with administration claiming in a memo to staff that it closed the unit because the census was low and the RNs were providing care that was below par."

One RN, Valerie Zito, didn't believe it. "The census was low because they capped admissions. They were trying to choke off the unit," Zito said. "We'd heard a casual remark from someone in management that psych care was 'not in the CEO's vision'. If they want to close a unit for financial reasons, fine. Then say it's for financial reasons. But don't blame the RNs."

Angry, Zito wrote in the margins of the memo: "Why don't you tell the truth?" Word of Zito's comments worked its way throughout the medical center to management. Although Zito had already given three weeks' notice-she is now a Nursing Representative for NYSNA-she was asked to resign at the end of her shift. She refused, and was subsequently fired. Because the employees are not yet unionized, the medical center still has the right to hire and fire at will.

"They told me six times that this had nothing to do with union organizing activity, saying it was a violation of the bulletin board policy," Zito said. "I asked: 'Is this really relevant to my termination hearing?' They replied that they felt such comments are 'not good for morale'. But is saying RNs aren't giving good nursing care supposed to be good for morale?"

Fines and ULPs (unfair labor practice charges)

NYSNA contacted the New Jersey Department of Health. "In its initial reply, medical center administration claimed the unit was still open. Health Department inspectors conducted a surprise visit and found the unit closed," Moschel said. NYSNA presented the inspectors with evidence RNs had collected and directed them to RNs who could give statements.

As a result, the New Jersey Health Department on Nov. 4, 2003, charged the medical center with violating state law when it closed its psychiatric unit without permission from the state, and without adequate justification. The medical center is being fined $5,000 per day for this violation.

NYSNA then learned through inside sources that the RNs on the psych unit were indeed fired because they were union supporters and that the medical center offered some psych nurses a severance package on the condition that they not speak about the issue. NYSNA responded by filing two unfair labor practice charges against the medical center-one over the firing of the RNs in the psych unit and a second over Zito's firing.

Delaying magnet status designation

NYSNA then contacted the American Nurses Credentialing Center-the organization that grants magnet status-informing them of these events. Many hospitals use magnet status as a recruiting tool. In theory, a medical center with magnet status has an ideal work environment for RNs, and an applicant's history of labor relations is an important factor in the decision making process. Somerset's final evaluation for magnet status was to have been held this month. By filing this unfair labor practice charge, NYSNA put the magnet designation process on hold.

As this issue of Report went to press, the medical center's physicians asked for the chief executive officer's resignation over the closing of the psych unit. In addition, NYSNA's request for voluntary union recognition was denied and NYSNA has learned that the medical center is planning to hire a consulting firm to conduct a union-busting campaign.

"The pressure is really on medical center administration now," Moschel said. "The RNs are standing up for themselves, letting management know that there must be improvements in working conditions and that this must happen through collective bargaining."

:: Publications | :: Departments and Services Home | :: NYSNA Home

http://www.NYSNA.org

[oramar]

You have really posted some great links and articles this time.

[-jt]

Thanks. Just thought Id share my state nurses assoc's union newsletter with you guys.

[pickledpepperRN]

Nurses and the NYSNA have my admiration!

Thank you for letting us know!

Shame on Somerset Medical Center /

[-jt]

Apparently, the administrators of that place have no shame. One really has to wonder why an employer would go to such desperate lengths as this place is going to stop its staff RNs from organizing. Gotta wonder what the employer is so afraid of. Could it be they fear the nurses might actually gain some power??? The employer's desperate actions to prevent it should be clear signals to all that organizing is a smart & powerful thing for nurses to do. If it werent, its doubtful that the employer would give it much attention or waste so much money to stop the nurses from doing it. The fact that they ARE so willing to spend so much & fight so hard against it should speak volumes to nurses who can read between the lines. Just look at the low levels this shameless facility is willing to sink to stop its nurses from gaining a voice in their own workplace......

Management conducts malicious union-busting campaign

SOMERVILLE, NJ, Feb. 12, 2004 – To prevent registered nurses from electing a union to represent them, Somerset Medical Center management fired union supporters, threatened foreign nurses with deportation, distributed inaccurate information, and even manipulated the voting process itself.

These allegations are detailed in a series of objections filed Wednesday with the National Labor Relations Board (NLRB) by the New York State Nurses Association (NYSNA), the union the New Jersey nurses had sought to represent them in the Feb. 5 election.

“This was one of the most hostile and corrupt management campaigns this union has ever seen,” said Lorraine Seidel, RN, director of NYSNA’s collective bargaining program. “Management’s actions were a blatant violation of federal labor law and were deliberately intended to frighten the RNs from making a free choice.”

Seidel noted this campaign was the work of Brent Yessin, an anti-union consultant, who orchestrated a campaign based on threats and lies. Allegations detailed in NYSNA’s complaint include:

* Firing NYSNA supporters. The Psychiatric Department, where some of the strongest supporters worked, was quickly closed without proper authorization from the state Health Department as the nurses’ organizing campaign gathered momentum. An RN who publicly questioned the closing was terminated. A third RN was told as she approached the ballot box on election day that she had been terminated. When management couldn’t fire nurses, they told them on election day that they were ineligible to vote because their duties were now considered supervisory.

* Disconnecting the phones of Filipino RNs living in medical center dormitories to prevent them from receiving calls from NYSNA supporters. The Filipino nurses were also threatened with deportation if they supported the union.

* Holding two NYSNA staff members – who were supposed to observe voting – in the medical center library against their will.

* Prohibiting NYSNA supporters from wearing NYSNA buttons and tee shirts – claiming it violated the dress code – while anti-union nurses were encouraged to wear “Vote No” shirts and buttons. During voting, management election observers were allowed to wear anti-union materials while others held “Vote No” signs just outside the room.

* Tampering with a list of RNs that the medical center was required to present to the NLRB so that it contained incorrect and incomplete addresses.

* Requiring nurses to attend meetings at which they were told lies about NYSNA’s contracts, dues structure, budget allocations, and policies on strikes and ratifying contracts. After one of these meetings, the nurses discovered that their patients had been neglected because management had not assigned anyone to cover for them. Another mandatory meeting was scheduled at the last minute to prevent nurses from attending a NYSNA open house to receive accurate information about the union.

* Preventing NYSNA supporters from distributing accurate information to nurses, despite being assured by medical center management that they could do so. In contrast, misleading anti-union propaganda was allowed to be circulated freely. A sign was placed near one stack of anti-union flyers that said: “Hospital property. Do not remove,” and deceptive “Fact of the Day” cards about NYSNA were regularly placed on cafeteria tables.

Nurses at Somerset believe deeply that the best means of improving their working conditions and protecting their patients and their practice is by acting collectively within a strong nurses union,” Seidel said. “For now, this opportunity has been delayed because they’ve been the victims of a malicious campaign of manipulation. This is an extremely grave injustice. These nurses are not defeated. They’re only more determined to continue their struggle to secure their collective-bargaining rights — and they will win.”

NYSNA, with more than 34,000 members, is New York’s largest union and professional association for Registered Nurses. NYSNA is the only organization that exclusively represents the interests of New York State’s RNs, and is recognized nationwide as a trendsetter in improving RNs’ wages and working conditions. NYSNA works to advance the nursing profession through collective bargaining and legislative activities, and fosters high standards of nursing education and practice. It is a constituent of the American Nurses Association and of the United American Nurses, an affiliate of the AFL-CIO.>>

http://www.NYSNA.org