Scripps Encinitas is an OPEN SHOP, CNA loses "union security clause"

NephroBSN, BSN, RN · Apr 6, 2006

Scripps Encinitas first decertification campaign last summer was unsuccessful on the surface. Perseverance paid off as the nurses in favor of decertification continued their campaign. The CNA in their attempt to head off this growing wave of discontent for unionization only stumbled, angering and alienating what few supporters they had left.
Seeing that they might lose a decertification for the first time in many, many years the CNA decided to accept Scripps managements first offer, the offer that they proposed to the nurses before the initial vote to unionize. The CNA negotiated nothing for the Scripps nurses. All the hard feelings, all the lost friendships all that anger for nothing.
It must be noted that in the CNA managed election last week, the ballots had two choices:
1. Yes, accept the contract.
2. No, do not accept the contract and strike
So, the nurses decided by 75% not to strike. The CNA did not give them a choice not to accept the contract and NOT strike.
Why not that third choice?
In the end the the professional nurses of Scripps Encinitas won big and the CNA must count this as a dismal failure on their part. Scripps Encinitas is an open shop. No union security clause! The nurses do not have to become union members and they do not have to pay dues. There is a no strike clause for two years. The decertification drive continues.
Congratulations Scripps Encinitas!
This is deserving of it's own thread. For further review check out this thread
https://allnurses.com/forums/f100/decertification-petition-filed-against-california-nurses-association-108927-19.html
Sherwood

Sherwood,

While I"m sure this would never happen. The Piped Piper always has a following.

But,,,,,,,, what if NO ONE came out to vote.

Absolutely NOT ONE PERSON.. Because it seems like alot of the nurses were against the strike by the way they voted.

Is there something written to the effect if NO ONE votes.

I mean what if the nurses "struck" the union?

Just curious. I know it's all hypothectical.(sp)

NO UNION IS A GOOD UNION

Sherwood · Apr 6, 2006

Sherwood,
While I"m sure this would never happen. The Piped Piper always has a following.
But,,,,,,,, what if NO ONE came out to vote.
Absolutely NOT ONE PERSON.. Because it seems like alot of the nurses were against the strike by the way they voted.
Is there something written to the effect if NO ONE votes.
I mean what if the nurses "struck" the union?
Just curious. I know it's all hypothectical.(sp)
NO UNION IS A GOOD UNION

If no one voted? I guess nothing would change then. But even if only five voted then the majority (50% + 1) would decide the fate of the entire nursing staff. That is why voting is so important and apathy is unacceptable.

I think the wording the CNA chooses for the ballots is telling, you either accept the contract or you do not and strike. Why not that third choice?

I would really like to see California join the ranks of the "Right to Work" states. Removing union security clauses altogether. No more sneaky card check elections either. No forced unionism.

I am curious as to how many nurses at Encinitas will voluntarily choose to pay dues and become CNA members since the threat of being fired if they do not has been removed. Have you seen the letters the CNA sends out to you and your employer if you don't pay your dues? They send you to collections and demand your TERMINATION!! Check out this pdf of a pay up or else letter:

http://www.stopunions.com/images/flyers/pdf/CNA%20Dues%20increase%20and%20collections.pdf

Sherwood

NephroBSN, BSN, RN · Apr 6, 2006

If no one voted? I guess nothing would change then. But even if only five voted then the majority (50% + 1) would decide the fate of the entire nursing staff. That is why voting is so important and apathy is unacceptable.
I think the wording the CNA chooses for the ballots is telling, you either accept the contract or you do not and strike. Why not that third choice?
I would really like to see California join the ranks of the "Right to Work" states. Removing union security clauses altogether. No more sneaky card check elections either. No forced unionism.
I am curious as to how many nurses at Encinitas will voluntarily choose to pay dues and become CNA members since the threat of being fired if they do not has been removed. Have you seen the letters the CNA sends out to you and your employer if you don't pay your dues? They send you to collections and demand your TERMINATION!! Check out this pdf of a pay up or else letter:
http://www.stopunions.com/images/flyers/pdf/CNA%20Dues%20increase%20and%20collections.pdf
Sherwood

Oh yes I agree on the wording choices for the vote.

Should be:

#1 Yes, accept the contract

#2 No, don't accept the contract and strike

# 3 No don't accept the contract.

My idea was for NO ONE to vote. What would the union do.. Wouldn't NO ONE voting either way dilute their power to nothing.

I've heard about their threats. I can't believe intelligent nurses would allow someone that much power over their jobs.

Has anyone taken this issue up with the NLRB. Is it legal? The nurses don't work for the union, well not as nurses, anyway. They weren't hired by the union. They union doesn't pay them. Or pay their state and federal taxes.

Do you know of anyone who has been terminated this way?

Unbelievable actually.

NO UNION IS A GOOD UNION

Sherwood · Apr 6, 2006

Oh yes I agree on the wording choices for the vote.
Should be:
#1 Yes, accept the contract
#2 No, don't accept the contract and strike
# 3 No don't accept the contract.
My idea was for NO ONE to vote. What would the union do.. Wouldn't NO ONE voting either way dilute their power to nothing.
I've heard about their threats. I can't believe intelligent nurses would allow someone that much power over their jobs.
Has anyone taken this issue up with the NLRB. Is it legal? The nurses don't work for the union, well not as nurses, anyway. They weren't hired by the union. They union doesn't pay them. Or pay their state and federal taxes.
Do you know of anyone who has been terminated this way?
Unbelievable actually.
NO UNION IS A GOOD UNION

Unfortunately yes, unions have demanded nurses be terminated for non payment of union dues. In fact the courts recently upheld the request for termination. See http://www.stopunions.com for that informatiom and much more. For a direct link to the court ruling and to download a pdf of the courts decision click this link http://www.stopunions.com/info.htm

Once again, congratulations to Scripps Encinitas Nurses for holding out and putting the pressure on the CNA.

Sherwood

OC_An Khe · Apr 6, 2006

The union is the membership not some outside force. The dynamics of the power struggle between the nurses and management essentially dictates that a no vote equates with a strike vote. What real leverage do the nurses have except for the ultimate or eventual use of the strike weapon. The management at this stage would just refuse to continue to bargain. Even if a strike vote is taken it doesn't mean one would happen. Once a strike vote is taken the decision is ultimately on management whether or not there will be a strike or not.

The strongest union I ever worked with was in a facility that was an open shop and membership was voluntary.

Sherwood · Apr 7, 2006

the union is the membership not some outside force. the dynamics of the power struggle between the nurses and management essentially dictates that a no vote equates with a strike vote. what real leverage do the nurses have except for the ultimate or eventual use of the strike weapon. the management at this stage would just refuse to continue to bargain. even if a strike vote is taken it doesn't mean one would happen. once a strike vote is taken the decision is ultimately on management whether or not there will be a strike or not.
the strongest union i ever worked with was in a facility that was an open shop and membership was voluntary.

strong because everyone had a choice! that is the problem with union security clauses, the choice is limited by contract. one reason i believe that all states should be "right to work" states. everyone should be able to work in a job that they are qualified for without participating in activities or financially supporting something they are opposed to.

scripps encinitas nurses have a choice that no other cna hospital has. if your hospital is unionized and you are forced to pay dues because of a union security clause then perhaps you should look in to a "deauthorization election" see this link: http://www.nrtw.org/d/deauth.htm for information.

it shows how you can start a campaign to vote to remove the union security clause and became an open shop.

Nancy2 · Apr 7, 2006

whittier hospital tried to deauthorize before the nlrb ruled their election illegal, it's hard to do because the rules are different for deauthorization than they are for a regular nlrb representation election. you have to get 50% plus one of the eligable voters to vote yes for deauthorization, not just a simple majority of those who vote. cna was fine with this way of counting for that decision, but said that same way of counting was wrong when the nlrb said that is what has to happen for a "nuetrality" election for it to be valid.cna did not get that vote to be recognized as the union therefor the nlrb declared their vote illegal. cna said it was because of the republican administration, but they didn't mind the decision of that same republican administration when the decision was in their favor!!!!!!!!!!!!!!!!

Nancy2 · Apr 7, 2006

yeah

Sheri257 · Apr 7, 2006

I actually don't have a problem with open shops IF the people who don't pay union dues also don't benefit from pay raises, benefits and job protection negotiated by the union.

However, from what I understand with the Scripps situation, the non-paying RN's do benefit and that's just plain wrong. That's why I don't blame the union for wanting a closed shop where everybody who benefits also has to pay. It's only fair.

If you don't pay union dues, you shouldn't reap union benefits ... period.

:typing

Nancy2 · Apr 7, 2006

The law prevents the employer from negotitating seperately with the people who do not belong to the union. I'm sure these nurses would love to be able to negotiate a different deal than the union. They CLEARLY don't see the union contract as a "benefit" or they would not be oposing the union. To them it is a necessary evil of working for this intstitution. Perhaps that is a legislation that we can all write letters to our representatives about...requesting that non union employees be allowed to negotiate their own deals with administration if they choose to not belong to a union, but as the law stands at this time it is illegal for the employer to engage in such activity.

For once Lizz, I agree with you!

Sheri257 · Apr 8, 2006

For once Lizz, I agree with you!

I guess miracles do happen ...

:lol2: