The California Nurses Association is again attempting to organize Western Medical Center Santa Ana, California apparently using the Tenet/CNA Neutrality Agreement that has already been deemed unlawful assistance to the union and in violation of employee rights by the NLRB.
The Neutrality Agreement gags our management and administration from discussing their views on unionizing or educating the Nursing staff on their employee rights. It also limits how nurses opposed to unionizing can have their voice be heard. The California Nurses Association is free to to say and promise whatever they want.
While the current owners of Western Medical Center were not party to the back door deal with Tenet and the CNA, they were stuck with successorship language in the CNA contract.
I have filed a class action suit against both the CNA and the administration of Western Medical Center hoping to have the contract ruled illegal. While this will not prevent the union from attempting to organize, it will allow a more level playing field if there is such a thing when dealing with a labor union.
All I can say is that one of the CNA facilities in my area got another 16 percent raise for RN's. The respiratory therapists are up in arms because new grads now make more than veteran RT's do.
The RT's had an opportunity to unionize with SEIU three years ago. They voted against it because they believed management's promises that they would get pay raises. Then management renigged on the RT pay raise.
Maybe the RT's would have done better with SEIU or, maybe not ... but, as it stands now, they're definitely PO'd about the union RN's getting a pay raise because, three years later ... the RT's have gotten nothing out of management.
all i can say is that one of the cna facilities in my area got another 16 percent raise for rn's. the respiratory therapists are up in arms because new grads now make more than veteran rt's do.
the rt's had an opportunity to unionize with seiu three years ago. they voted against it because they believed management's promises that they would get pay raises. then management renigged on the rt pay raise.
maybe the rt's would have done better with seiu or, maybe not ... but, as it stands now, they're definitely po'd about the union rn's getting a pay raise because, three years later ... the rt's have gotten nothing out of management.
:typing
i am not surprised at all that management lied to the rt's. unfortunately, since reagan declared war on patco the real wages of workers in this country have stagnated and in many cases declined. right to work still equals right to work for less. as for me i will stay union!
With CNA I invest a little less than $1000 a year and make more than 100K as a brand new nurse. (Ok, $97,000 regularly scheduled 36 a week but currently on track for making more than $120,000 with minimal OT--it all depends how you schedule it--trust me I don't do much extra, I pretty much hate my job :)
I don't agree with all that CNA does and perhaps they are being a little shady in this particular case. But for me, there are far worse things happening in our country and world right now to get all riled up about. I'm happy with my ratios/work rules/fair compensation. I admire Sherwood and those others on this board that I have read be so passionately anti- union. More power to 'em. I always admire anyone willing to do this job for the horrendous and insulting wages many nurses receive. (Seriously, my co-workers in the south, god bless ya--I couldn't walk a mile in your shoes) But to not only do it but fight for it! You go, Sherwood!
I truly encourage all to fight for their right NOT to organize----meanwhile I'll be by the pool......
Do you work 12 hr. weekend nights in ED? I can't imagine how you would otherwise earn that much money as a staff RN. More power to ya!
I'm in Arizona which has excellent wages and patient some patient ratios mandated without unions.
??? That certainly was not my experience in AZ. The NICU at the Banner hospital there had 3:1 ratio on vents. At the facility I work at now vents are1:1. And as for pay I went from 19.55/hr to 50.19/hr.. over $30./hr more. I don't mind the pittance I pay to CNA, it is well worth it.
Do you work 12 hr. weekend nights in ED? I can't imagine how you would otherwise earn that much money as a staff RN. More power to ya!
I can. The average price for a house in the Bay Area is $627,000. The average mortgage payment is $3,100 a month. That doesn't include property taxes, which can add another $650 a month to your payment. Homeowner's insurance adds even more.
I'm sure you can make bank by renting a cheaper apartment instead but, overall, with the higher cost of living ... you pretty much have to make at least $100K to live there.
Specializes in Cardiac Critical Care, Trauma, Neuro..
This whole thing doesn't make any sense to me.
Sherwood is claiming his employer is unfairly gagged by contract language but then the other press release says he's suing his employer for illegal practicies. What does that mean?
I also don't see any links to the actual contract language and/or agreements to back up any of these claims. Also, one nurse (Sherwood) has filed a charge, not a bunch of "nurses."
Show me the actual documents and/or contract language that somehow prevents union opponents from expressing their opinion. I'd really like to read it. Otherwise, I don't see any real evidence here to back up these claims ... only press releases that make a bunch of wild accusations that don't make any sense.
Ok Liz,
I have provided you with the actual Neutrality Agreement. It clearly limits employees ability to obtain information from their employer. It clearly puts the union in the best position. It is clearly not an equitable contract. Does it make sense now? You asked me to back up my claims and clearly I have acted. I am very interested in what you have to say now.
I have provided you with the actual Neutrality Agreement. It clearly limits employees ability to obtain information from their employer. It clearly puts the union in the best position. It is clearly not an equitable contract. Does it make sense now? You asked me to back up my claims and clearly I have acted. I am very interested in what you have to say now.
Thanks,
Sherwood
If your employer signed an exclusive agreement to use a certain brand of IV pump would you sue them for this as well?
Specializes in Cardiac Critical Care, Trauma, Neuro..
If your employer signed an exclusive agreement to use a certain brand of IV pump would you sue them for this as well?
IV pumps vs employee rights, freedom of speech and the free sharing of information among professionals. Respecting the education and critical thinking skills of Nursing Professionals to take in all the available information put before them and making a rational and informed decision.
Your point is well taken. I completely understand where you are coming from and where you would like to take our profession. Thank you for your input.
I did not just sue my employer, I sued the California Nurses Association as well. This was brought upon us by the CNA. We have a similar neutrality agreement involving the SEIU which involves non-nursing staff. In fact, the SEIU was the first to sign a neutrality agreement with Tenet Healthcare. When the CNA found out they were furious! The CNA went to the press saying the neutrality agreement was illegal and unfair. Then the CNA signed a neutrality agreement of their own, suddenly it was not so illegal or unfair after all. Hypocrites!
I may have some flyers the California Nurses Association passed around a couple of years ago that further emphasized how "illegal and unfair" a neutrality agreement was. I will look in the http://www.stopunions.com archives
I have provided you with the actual Neutrality Agreement. It clearly limits employees ability to obtain information from their employer. It clearly puts the union in the best position. It is clearly not an equitable contract. Does it make sense now? You asked me to back up my claims and clearly I have acted. I am very interested in what you have to say now.
Thanks,
Sherwood
I understand some of your concerns here but ... It looks to me like both sides are basically agreeing to run a clean campaign here.
Look at p. 10. CNA is agreeing to limitations on what they do and say also. For example, with paragraph F:
The Assocation (CNA) agrees that its message to RN's regarding the choice of whether to join (CNA) shall be non-coercive and non-intimidating.
Doesn't that prohibit what the union opponents always complain about? That CNA is a bunch of alleged union thugs that supposedly coerce and intimidate nurses into voting for them?
The agreement also says:
(CNA) agrees to campaign in a positive and non-disruptive manner and not to engage in negative campaigning that disparages the hospital and/or management representatives ...
Management's gotta love this one. Seems pretty equitable to me.
Rather, the association's campaign will focus on how RN's can address workplace issues through collective bargaining and (CNA) representation and will avoid factual errors.
It looks to me like both sides here are agreeing to run a clean, factual, non-disruptive campaign to avoid all the stuff you've complained about in the past.
The Assocation (CNA) agrees that its message to RN's regarding the choice of whether to join (CNA) shall be non-coercive and non-intimidating.
Doesn't that prohibit what the union opponents always complain about? That CNA is a bunch of alleged union thugs that supposedly coerce and intimidate nurses into voting for them?
The agreement also says:
(CNA) agrees to campaign in a positive and non-disruptive manner and not to engage in negative campaigning that disparages the hospital and/or management representatives ...
Management's gotta love this one. Seems pretty equitable to me.
Rather, the association's campaign will focus on how RN's can address workplace issues through collective bargaining and (CNA) representation and will avoid factual errors.
It looks to me like both sides here are agreeing to run a clean, factual, non-disruptive campaign to avoid all the stuff you've complained about in the past.
What's the problem with that?
:typing
Nice job bringing balance/perspective to the discussion!
Specializes in Cardiac Critical Care, Trauma, Neuro..
It looks to me like both sides here are agreeing to run a clean, factual, non-disruptive campaign to avoid all the stuff you've complained about in the past.
What's the problem with that?
:typing
What your missing is that the union is allowed to be NON-Neutral while management must sit back and watch it all happen. The union can imply anything to get the nurses to vote for them. The union can use pro-union nurses from other areas to come to the hospital to convince staff to vote in favor of the union. The union can hire organizers from other unions to assist in their union organizing campaign. The union runs the whole show!
The union can enter breakrooms and cafeterias to spread the pro-union message, serving food and refreshments to encourage people to show up. The union can use flyers and posters to spread the word.
Now the other side:
Management can do none of the above. It is even against the law for management to promise employees a raise if they vote against the union! Even worse. I as an anti-union employee cannot on my own time and with my own money serve refreshments in meeting rooms or the cafeteria. Anti-union employees are not allowed to even enter the hospital on their day off to sit in breakrooms or the cafeteria to discuss their opinions with employees. Anti-union employees are left to the sidewalk in front of the hospital to pass flyers or discuss their views. We work there and we are not allowed inside on our own time while organizers who do not work for the hospital or in many cases do not live in the area are allowed inside.
This is not a non-disruptive campaign. Recently while I was passing out my information to nurses as they entered and exited to hospital, CNA organizers were chanting and implying that nurses at my hospital were underpaid and it was MY FAULT! That's harrassment and it's not true!Western Medical Center Nurses voted against the CNA two years ago. I have also done a salary survey in my area and we are competative with all hospitals.
It is dispruptive if you want to sit in a breakroom to relax for ten minutes and a CNA organizer who is many times not even a nurse tries to convince you that your job sucks and you are underpaid but THEY can make it all better. It is disruptive if you are at home with your family and a union organizer makes an unsolicited visit to your front door. It is disruptive if you are having dinner with friends and a union organizer calls your home. Do you enjoy telemarketers? Do you enjoy uninvited strangers coming to your home?
This is the reality of a CNA organizing campaign and this is the reality of a neutrality agreement. While all the legal language makes for a good show it is not what you see is what you get.
Sherwood
223 Posts
Ok, I posted the CNA/Tenet Neutrality Agreement on http://www.stopunions.com
I hope you enjoy it.
Sherwood