Judge says Affinity Medical Center must reinstate nurse, recognize union

Nurses Union

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A federal judge has ordered Affinity Medical Center to bargain with its registered nurses and to reinstate a nurse who was terminated after nurses voted to join a union in 2012.

The ruling, issued Wednesday by U.S. District Court Judge John Adams of the Northern Ohio District, is the third injunction within a year against affiliates of Tennessee-based Community Health Systems, for violations of federal labor law, according to a news release from the National Nurses Organizing Committee in Ohio. NNOC is an affiliate of National Nurses United....

... Ann Wayt must be offered in writing reinstatement to her former job. "The evidence demonstrates reasonable cause to determine ... unfair labor practice with regard to Ms. Wayt," according to the order.The judge also ordered an end to disciplining, discharging and reporting employees to the State Board of Nursing because of union "activities, sympathies or support" and to stop threats of harm to registered nurses who submit forms to management objecting to unsafe patient care assignments. Copies of the ruling are to be posted at the hospital and read to employees, according to the order.

Read more: http://www.cantonrep.com/article/20140126/News/140129454#ixzz2t9K17Q8e

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Specializes in Critical Care,Recovery, ED.

Sometimes justice is slow but it does work when you are in the right.

Specializes in Critical care, tele, Medical-Surgical.

Ohio Nurse Who Spoke Out for Rights Wins Defamation Verdict Against Hospital

02/11/2015

Ann Wayt, a 38-year veteran registered nurse with a spotless record” who was illegally fired and then defamed in retaliation for her outspoken patient advocacy and support for her union, was awarded more than $2 million in damages in a defamation suit against the hospital—one of the most notorious anti-union hospital chains in the country, according to the National Nurses United (NNU).

The unanimous verdict against Affinity Medical Center of Massillon, Ohio—which after firing Wayt also sought to have her nursing license revoked—took the eight-person civil jury less than two hours of deliberation after nearly two weeks of testimony. Affinity is operated by Tennessee-based Community Health Systems chain.

While the verdict was a major victory for Wayt and the Affinity nurses, it also shows the need to strengthen and reform labor laws because workers continue to be fired and retaliated against for speaking out for their right to join a union...

... Wayt, a prominent union supporter in the hospital's orthopedics unit, where union support was particularly strong,” as a National Labor Relations Board Judge Arthur Amchan later noted, was directly targeted, as symbolized by the decision of the hospital to begin an investigation against her on the very day of the election.

Affinity management then trumped up charges of patient care misconduct that Amchan termed in July 2013, a pretext to retaliate against her for her union activity” despite a long spotless” record as an RN.

Affinity not only fired Wayt, it then went to the Ohio Board of Nursing attempting to pressure it to revoke Wayt's nursing license.

Amchan also wrote, t is hard to imagine a more effective coercive message to the union supporters…than the termination of a long-term employee with no (or no known) prior disciplinary record.”...

... fter the Feb. 6 verdict, Affinity RN Debbie McKinney said:Ann has shown that one nurse can hold a healthcare system accountable for its lies and deceptions. This should empower all nurses to stick together for what is best for our patients, ourselves and our profession....

Ohio Nurse Who Spoke Out for Rights Wins Defamation Verdict Against Hospital

Specializes in Med/Surg.

Fantastic and good for her!

I wonder how her legal action was funded. Did her lawyer or legal team offer to do the work and get paid out of a settlement or did she have to muster up the money herself. Was there a union involved to cover the fees?

Specializes in Critical care, tele, Medical-Surgical.

I don't know how she obtained her attorney for the civil case.

Her union represented her when she won her job back and probably back pay as well. Her NNOC Ohio NNU union representative testified for her at trial. Read about it here:

CHS Ordered to Pay $2 Million For Ohio RN Fired and Defamed for Patient Advocacy, Union Activity | National Nurses United

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