-jt

That might work if you are not a union, because administration can just do whatever it wants to non-union employees anyway with or without your agreement & they could just then implement anything they wanted even if the nurses didnt accept it. But its different if you are a union. The choice to not accept but do nothing really is not plausible then because as a union, you have the right to having a share of control & agreement in determining the terms & conditions of your employment. (but it sounds like those nurses were already doing that anyway & ended up with the same thing, so I dont understand why they started a unionizing campaign in the first place). Anyway, when the hospital says to a bargaining unit "this is our final offer-take it or leave it-we arent negotiating anymore", either you argee to it, or you dont & take a stand. If you dont accept the final offer, you do so knowing that, as a union, you have to do something to bring them back to the table in order to iron out a contract that you had a hand in, agree to & can live with. If the bargaining unit was strongly united & determined to stand together, the strike vote could be voted on right there & then with the refusal to accept the final offer. If the nurses arent so strong about that, they might have the choice to either accept the final offer or reject it..... with the understanding that if they reject it, a strike vote may have to come later on down the road, if all else fails. Its always a last resort but as a union theres really only 2 choices when it comes to a final offer: Take it or take a stand. Where I live, nurses working the public city hospitals are ruled by the Taylor Law - as essential city workers, it is illegal for them to strike. They didnt accept the citys final offer either & worked without a contract for a couple of years. But in all that time, they took other stands: radio announcements, TV spots, billboard ads in Times Square, posters on subways, etc. They were 7000 RNs & very united. They couldnt strike, but they turned up the pressure & forced the city back to the table & hammered out a much better contract then that "final offer". So there are ways around it without having a strike. If the hospital isnt going to negotiate further and you dont accept their contract but dont take some kind of a stand together, basically your union is dissolved. The hospitals final contract gets forcibly implemented on you anyway, without your agreement or control, & then you pretty much are really no longer a union because youve relinquished your right to detemine your terms of employment. But thats not a problem if nobody wants to be a union anyway, which sounds like was the case at Scripps. In my experience, our union reps can only give us recommendations. It is we nurses who direct the union to call for a strike vote. And they dont call for the vote until we give them the order to. And there has to be 2/3 majority of the entire bargaining unit in order for the vote to pass. Not just 2/3 of those who show up to vote --- 2/3 of the whole group of union nurses at that facility. I dont know if the Scripps nurses union works the same way. Not being involved in their union or situation, I cant answer as to why the strike vote was called for at that particular time. Do you know what their union's explanation was for calling for a strike vote in such a divided group?

So basically the nurses would have gotten the same exact thing from day one, all on their own, without all the upheaval? Why did those nurses even try to unionize in the first place if most of them didnt want it? What was gained by the effort? Its practically a guaranteed failure if they arent united. And without that unity, they have no leverage with administration. Disunity defeats the whole purpose of unionizing. There must be alot of hard feelings between both the nurses - pros vs cons. Thats a sad situation all the way around. Probably takes a long time to heal.

and a couple of weeks before that event was this one: NYSNA REPORT: April 2006 More than 1,200 RNs Storm State Capitol NYSNA Lobby Day a huge success by Nancy J.Webber It was an event of historic proportions when more than 1,260 nurses and nursing students came to the State Capitol for NYSNA’s April 4 Lobby Day. Each participant received a bright red t-shirt printed with the Lobby Day theme, “Patient Safety Matters.” All day, the red shirts were visible everywhere. In the morning, they filled the huge Empire Convention Center to overflowing. In the afternoon, they were on every floor and in every hallway of the Legislative Office Building as nurses lobbied their legislators. “It was a thrilling experience,” said NYSNA President Verlia Brown, who had a panoramic view of the convention center from her place on the stage. “It was wonderful to see so many students, who are the future of our profession.” The fine points of lobbying During the briefing, mock legislative visits were presented by NYSNA lobbyists Tracy Tress and Artie Malkin, with assistance from Jan Howard, chair of the NYSNA Council on Legislation. “Make sure you get a commitment from the legislator or staff member,” Malkin said. “Ask that they contact the leadership about getting bills out of committee and put on the calendar for a vote on the floor. Promise to call them back in a couple of weeks to check on their progress.” Participants were briefed on four legislative priorities: -Prohibiting mandatory overtime for nurses -Mandating disclosure of staffing levels and quality indicators -Protecting the title “nurse” -Promoting educational advancement for nurses Legislative leaders bring good news After the briefing, President Brown welcomed two of the most powerful men in Albany to the speaker’s podium. State Senate Majority Leader Joseph Bruno expressed his appreciation for nurses, mentioning that his daughter-in-law is a nurse practitioner. He then announced that the Senate would allocate an additional $2 million for nursing faculty scholarships and $500,000 for a statewide safe patient handling demonstration project advocated by NYSNA. Bruno earned a standing ovation when he promised that the Senate would pass legislation that would restrict the use of the title “nurse” to only registered professional nurses and licensed practical nurses. Later in the day, the Senate did just that. NYSNA has proposed this legislation because unlicensed workers currently can call themselves “nurses,” a practice that can be misleading to the public. A short time later, when State Assembly Speaker Sheldon Silver spoke to the NYSNA group, he had an announcement of his own. He cited the Assembly’s long history of supporting nurses’ legislative priorities, including passage of the healthcare whistleblower protection act, support for safe staffing ratios in hospitals and nursing homes, and restricting use of the title “nurse.” “The Assembly majority has agreed to add $1 million for the safe patient handling demonstration project,” Silver added. “We are proud to make this investment in you.” Nurses in the audience stood and cheered. That afternoon, the Assembly passed NYSNA’s legislation to require hospitals and nursing homes to disclose staffing levels and patient outcomes related to quality nursing care. A special cause for HHC nurses A group of RNs who work for the public New York City Health & Hospitals Corporation and mayoral agencies came to Albany to lobby for legislation of critical importance to them. They are asking the state to add registered nurses to the list of “physically taxing” positions in the city administrative code. NYSNA community affairs representative Carol Pittman explained the provisions of the bill, which has been introduced in the Assembly by Brooklyn Democrat Peter Abbate and in the Senate by Brooklyn Republican Martin Golden. A state law, combined with a Home Rule Message passed by the New York City Council, would be necessary to designate nursing as physically taxing. This would make city RNs in the NYSNA bargaining unit eligible for retirement at 50 with 25 years of experience. Visit http://www.nysna.org for updates. :: Publications | :: Departments and Services Home | :: NYSNA Home http://www.NYSNA.org

When an item isnt mentioned in the contract, the contract is "silent" on it, & hospital policy prevails. When an item is in the contract, the contract prevails - even if it is different from the policy. And since seniority is a basic union tenet, I doubt that your contract is "silent" on that item. Contracts usually outline clearly what seniority is & how it is accrued and when the accruals might be pro-rated (ie: for any years worked part time or per diem at the facility). And in my experience, nursing contracts usually say something about how to go about filling vacant positions ie: when to post & how long to keep the posting up. It might also mention exceptions like "appreciable difference" (that is if the less senior person is the most qualified & experienced for the position, that might take precedence over seniority). In that case, seniority might only apply when both are equally qualified. The contract is the hospital's AGREEMENT with the nurses. So what is in the contract is what the hospital has legally bound itself to do. If it didnt do what it agreed to do, it's in violation & you have a grievance. You should check your contract copy for the language on filling vacant positions & seniority & inform your rep right away to file a grievance. If the union doesnt know about a possible violation of the contract, they cant do anything about it. If they arent utilized for what they were intended to be used for, then youre right, what good is having them there. A grievance has to be filed as soon as possible in order to get the discussion going with the administration - not just the manager - and to get to a solution. Bear in mind that contracts also usually detail a time limit for filing grievances on an issue. If yours has such a clause, once that time limit is passed, you might be forfeiting your right to grieve the issue if you havent done so within the set time period.

Chicago BSN 2005 writes: This might help but its alot of other data to get through to find what youre looking for: For nurses, having a union means many things, not the least of which is earning 15.6 percent more than those nurses without a union, according to 2003 data from the Current Population Survey, published by the U.S. Department of Labor Bureau of Labor Statistics. http://www.bls.gov/cps/ And The Union Difference Data includes statistics on wages, benefits, worker's rights, and productivity, http://www.aflcio.org/aboutunions/joinunions/whyjoin/uniondifference/ And study results published in the Journal of Nursing Administration (JONA) March 2002: myocardial infarction (AMI, the medical terminology for heart attack). The study, which was published in the March issue of JONA (Journal of Nursing Administration), studied hospitals in California and found that hospitals with a nurse's union had a "significantly predicted lower risk-adjusted AMI mortality." The study's authors, Jean Ann Seago, PhD, RN and Michael Ash, PhD, concluded that "this study demonstrates that there is a positive relationship between patient outcomes and RN unions." "Thirty-five percent of hospitals in California have RN unions. The significant finding in this study is that hospitals in California with RN unions have 5.7% lower mortality rates for AMI after accounting for patient age, gender, type of MI, chronic diseases and several organizational characteristics. This result includes controls for number of beds, AMI-related discharges, cardiac services, staff hours and wages. In discussing how unions impact the quality of patient care, the authors stated, "unions may impact the quality of care by negotiating increased staffing levels..... that improve patient outcomes. Alternatively, unions may affect the organization nursing staff or the way nursing care is delivered in a fashion that facilitates RN-MD communication. This is the 'voice' function of unions..... Yet another possible mechanism by which unions can improve care is by raising wages, thereby decreasing turnover, which may improve patient care." The authors conclude, "perhaps having an RN union promotes stability in staff, autonomy, collaboration with MDs and practice decisions that have been described as having a positive influence on the work environment and on the patient outcomes.">>>>>>>>>

Geek, Nurses in Hawaii who had first hand experience with one of the organizations youre asking about tell about it in the following thread: https://allnurses.com/forums/showthread.php?t=85409&highlight=Aloha+Hawaii

I can tell you about the UAN but youll get more detailed info from our website http://www.UANnurse.org Karen got it right except that the UAN is not part of the ANA. It was initially created by staff nurse members of the ANA but it is now a separate, independent, self-governing, self-financing, autonomous labor union for direct care RNs only and is run by them. The UAN is affiliated with the AFL-CIO and the ANA and as such, has a strong voice in both organizations. But the ANA has no voice in the UAN. The ANA is not involved in the function or activity of the UAN nor does it have any control over us or our finances. The UAN is not the ANA. The UAN is the largest union of nurses and is the one and only national union for direct care nurses (staff nurses). All of the 105,000 (so far) members from coast to coast (including Alaska & Hawaii), the delegates, and the executive board are all working direct care nurses represented for collective bargaining by their state nurses assoc or one nearby if their own state nurses assoc doesnt have a collective bargaining branch. (ie: NJ state nurses assoc does not provide collective bargaining so they have an agreement with NY state nurses assoc to provide union services to their members). The NNOC is the organizing branch of the CNA created, as I understand it, to "organize" for CNA in other states. But instead, they have been raiding groups of nurses in other states who are already organized in other unions. They are currently disrupting unionized nurses in Chicago. Staff nurses in NYC recently threw them out of their hospital when they showed up to distribute flyers trying to turn the nurses against their union. Nurses in Hawaii threw them out when they tried to take over their union and prevent the Hawaii nurses union from joining UAN. And those nurses had to go so far as to get a court order to keep them out so they could take their vote without outside interference. There are several posts somewhere on this board from Hawaii nurses telling all about what that organization put them through. The Hawaii Nurses Assoc staff nurses fought the attempted hostile take-over & voted 5:1 to join UAN and they are our newest members. Instead of going around the country trying to break apart other unionized nurses, that Calif union should be working together with all of the others to combat the common problems we're all facing on the frontlines. Out of the 330,000 RNs in Calif, only approx 60,000 have joined them. It seems to me that it would make more sense for that union to focus on organizing the unorganized nurses in their own state before they take their members dues money across the country & spend it trying to tear apart other nurses.

heres a couple to add to your list, Karen California Nurses Association Targets ANA Members http://www.missourinurses.org/pdf/cna_response.pdf NNOC's Hype to Nurses http://www.laborlawyers.com/CM/ClientAlerts/Laboralert%20CA%20Nurses%20NNOC%20Educ.pdf

> And of those, despite the anti-union right to work laws, nurses in the following right to work states have unionized with the United American Nurses/AFL-CIO national RN union anyway: Alabama, Florida, Georgia, Iowa, Kansas, Nevada, North Carolina, Utah, and Wyoming. http://www.UANnurse.org

Its illegal to be fired for unionizing, but the threat is usually enough to intimidate RNs into forgetting the idea. Especially in the South where the "right to work" laws allow the employer to lord over you. There is also different mind set among workers in the South about unions. Its still a relatively new, different concept there but in the North and Northeast unions have been a part of working life for more than a century. Its accepted and expected here. We have unionized doctors, lawyers, dentists, college professors, office workers, nurses, trade workers, practically every field is unionized. But there are RN unions in the South too. All you have to do is invite them to give you info. And then you have to be willing to fight to unionize. Just because the Federal govt already gives you the right to unionize, doesnt mean the employer wont try to prevent you from exercising it. Go to http://www.UANnurse.org for more info. Its the national RN union & has locals in several Southern states. The website gives more info about unionizing in "right to work" states.

NYSNA REPORT: October/November 2004 Union-busting industry feeds on lies, distortions by Mark Genovese To the public, they portray themselves as "labor," "legal," or "management" consultants. Healthcare administrators know them by the polite title of "union avoidance specialists." But to the labor movement, they're referred to as "union busters." As their name implies, "union avoidance specialists" are hired by employers to prevent unions from organizing. When a union is already representing employees, the "union avoidance specialist" can be hired to stimulate a decertification campaign. Where there is already a contract, they will advise the employer to make extreme demands in negotiations - such as reducing or eliminating benefits, pay cuts, or detrimental changes in working conditions. These are designed to make union members so angry they will go on strike or lose confidence in their collective strength, placing the blame on the union. Meanwhile, management covertly hires scabs, preparing for a long strike in order to either break the union or force it into a bad contract. Most hospital administrators will deny their presence. But with more than 10,000 union-busting firms in business in the nation today, one may be working behind the scenes at your hospital one day-if they haven't already. Who are they? Although they tend to do their work in secret when they're on-site, some union-busting firms are quite upfront about what they do in order to compete for business: - PTI Labor Research of Houston proudly bills itself as: "The nation's leading provider of union avoidance products and services." - Jackson/Lewis of New York says it "has assisted many employers in winning NLRB elections or in avoiding union elections altogether." They've even written a book on the subject, Winning NLRB Elections: Management's Strategy and Preventive Programs. - Bond, Schoeneck & King of New York makes this offer: "When a union knocks on your door, we are always prepared to provide immediate and exclusive attention to your needs." - Drinker Biddle of Philadelphia says it can "advise employees on decertifying unions that no longer serve their members." - The Burke Group, of Malibu, Calif., contends that "Unions don't always sell truth; and a union contract does not always result in control over working lives and financial gain." - H. Sanford Rudnick & Associates, of Walnut Creek, Calif., believes: "Management should have the freedom to run their company according to their own best judgment and to maximize the resulting profits." Most firms that are based in other states also have offices in New York. NYSNA confirmed that another firm, Brent Yessin & Associates, ran the anti-union campaign at Somerset Medical Center in New Jersey, while an affiliated firm is currently running a similar campaign against NYSNA at Community Medical Center in Toms River. Cost doesn't matter. How much will hospital administrators pay to keep out or get rid of a union? Plenty. Martin J. Levitt, author of Confessions of a Union Buster, who spoke at NYSNA's CNP Networking Conference in May 2002, said Delta Airlines budgeted nearly $150 million. Levitt personally earned more than $200,000 per year before giving up such work to help unions defend themselves. It's estimated that Tenet Health paid more than $5 million to the Burke Group to stop an organizing campaign in California. Wouldn't all this money be better spent meeting the needs of an employer's workforce? Employers don't care, says Levitt. "The business was all about control," he wrote in his book. "I realized that control was both the objective and the method in union busting." Having a union in-house means an employer will have to guarantee salary increases, improvements in benefits, and job security. Not only does a union take a significant portion of a hospital's budget permanently out of its control, it takes away control over personnel, too. Some employers believe stopping that is worth the expense. "Union avoidance specialists" in action - A "union avoidance specialist's" greatest weapons are fear and manipulation - exploiting employees' fear of the unknown. Since most employees have never been confronted by such a campaign, they'll never suspect what is about to happen. Once hired by management, a "union avoidance specialist" conducts research to find where a union and the employees it's trying organize can be vulnerable. They collect information on the union through the U.S. Department of Labor and the Internal Revenue Service. They collect personal information on employees - including medical and credit histories - to use against them, even to the point of destroying an employee's personal life and career. The "union avoidance specialist" will try to play one group of RNs against another and both groups against the union. The union will be portrayed as bullying and corrupt. The tactic is to divide and conquer, with everything scripted and choreographed by the "union avoidance specialist." Examples, based on NYSNA's experience: - Foot soldiers are recruited - either voluntarily or by force. Managers deliver letters, have informal chats, and make emotional appeals. A committee of employees is created to wear "Vote No" buttons and "stand up" against the union. Employees are sent numerous letters, describing how much the employer appreciates the work they've been doing. - Management suddenly hands out larger-than-expected wage increases or improved benefits. Long-standing problems are corrected. Management suddenly is the employees' new pal: "employee participation" committees are formed to prove that a union isn't needed. - Supervisors call employees in for face-to-face discussions about the union. Remember the personnel file the "union avoidance specialist" created? This is when the information is used to threaten employees. - Managers will pull nurses from their units, while caring for patients, to attend mandatory meetings. During the meetings, they'll be told lies about the ability of a local bargaining unit to make its own decisions, how union dues are used, and the benefits RNs can win in a NYSNA contract. And the nurses will not be given an opportunity to challenge or question anything. The biggest lie of all is that the union will force its members to strike. No mention is made of the fact that strikes happen in less than 1% of all contracts negotiated by NYSNA. Influential employees who support organizing will be fired-some even on election day. And when all else fails, there is the emotional appeal to "give management another chance." Sadly, there isn't much that can be done to prevent such activity. It may take weeks before a union's unfair labor practice complaint will be acted upon by the National Labor Relations Board. The penalties are relatively small and are considered merely a cost of doing business. What can you do? Be aware of the "union avoidance specialist's" tactics. Be assertive with your supervisor about respecting your commitment and not harassing you with anti-union propaganda. If you are required to attend an anti-union meeting, understand the biased nature of the material being presented to you. Keep a written record of any transactions. Work with your union representatives to obtain the LM-10 and LM-20 forms from the U.S. Labor Department-these forms detail how much an employer is spending on "consulting services," and will expose the scam for what it is. It is all about control-control over your own work life. You have a legal, protected right to join a union and take part in its activities-free from management intimidation. You have a right to make your own decisions. And the way to ensure this right is to stay united and focused and openly support each other. :: Publications | :: Departments and Services Home | :: NYSNA Home http://www.NYSNA.org

>> >> Just to clear up a couple of things, it was not NYSNA that proposed this change. In fact, NYSNA has written OPPOSITION to it & is lobbying in Albany against it. It wasnt "the state" who proposed the changes either. All of this came from one place only - our state BOARD OF NURSING, not our state legislature or our state nurses association.

Some things do make the difference. The research and report done by the Economic Policy Institute highlights the positive impact the union voice has on labor-management committees and on health care in Minneapolis-St. Paul. The report credits labor-mangement committees with leading "to three critical outcomes: higher registered nurse staffing ratios for patients, higher levels of employee involvement throughout the hospital, and better hospital financial performance." Minnesota Nurses Association (MNA) is the Midwest’s largest nursing union and second only to Hawaii for the volume of unionized nurses per capita in a state. The Association’s Economic and General Welfare Program is committed to ensuring fair and equitable working conditions for members. Minnesota is recognized across the country as a leader in addressing the myriad health and safety issues nurses face in their work environment. Many MNA contracts now provide for continued economic contributions to health insurance premiums for up to 24 months after an injury. MNA contracts set the standard for compensation, benefits, and workplace safety for nursing professionals throughout the state..... Legally binding contracts.... Safe Staffing Ratios.... MNA nurses have the autonomy to stop admissions and close their units until staffing ratios are met salaries and benefits that recruit and retain RNs.... Higher salaries than non-union counterparts in predominately non-organized Midwest states such as Iowa and Wisconsin.... New standards for RNs and patient protection.... Powerful Nursing Practice Support..... Dynamic gains in retirement.... A One-Of-A-Kind Pension Plan exclusively financed with employer contributions, today totals well over $320,000,000..... A Strong Voice at the Capitol.... Voice and respect .....>> check it out: http://www.MNnurses.org and http://www.mnnurses.org/index.asp?Type=B_BASIC&SEC={77870427-74A8-4E07-9AA6-46526ED3D522}

> Most of us dont live in Manhattan.

I agree. I work in critical care & dont believe there should be a differential for that work either. Nursing in any area nowadays is just as hard as critical care. Because of insufficient staffing & high acuity levels, some med-surg nurses have it even harder than critical care nurses. We dont have a critical care differential & havent asked for one. Instead, we established a differential for specialty certification -- for all nurses who achieve certification in their area of specialty - med surg included.