NLRB Judge Overturns Disputed 2007 Nurses' Union Election - Cites Illegal Activities By Company

[Omaha Steve]

http://www.medicalnewstoday.com/articles/101124.php

Article Date: 20 Mar 2008 - 1:00 PDT

Acting on behalf of the National Labor Relations Board (NLRB), an administrative law judge has overturned a January 2007 union election for registered nurses at Community Medical Center (CMC) and ordered that a new election take place.

The nurses had been seeking representation by the New York State Nurses Association in order to improve their working conditions. The judge found that management's actions had unfairly affected the outcome.

"We welcome the order because it acknowledges that the medical center broke the law," said CMC nurse Catherine Heuschkel, RN, a member of the Nurses Association organizing committee. "It's what we've known all along and waited 14 months to hear. The ruling will give us the ability to make a free choice."

"This is a groundbreaking decision, not only for the CMC nurses and the Nurses Association, but for the entire labor movement," said Tina Gerardi, RN, Nurses Association CEO. "It establishes that many of the anti-union tactics used by employers and their high-priced consultants are illegal."

Bruce D. Rosenstein made the ruling after hearing testimony from both the nurses' union and the hospital at hearings held in Philadelphia from August through December 2007. He sustained the Nurses Association's complaint that CMC violated the National Labor Relations Act and ordered that the election be set aside. These violations included:

* Using former Nurses Association employees to conduct an anti-union campaign.

* Intimidating nurses who worked in support of the union, including conducting regular surveillance.

* Publicly discrediting the Nurses Association and preventing distribution of union literature.

* Promising the false concept of "shared governance" to discourage nurses from supporting the union and providing free parking and child care on election day only for nurses who voted "no."

* Prohibiting union organizers from using the public parking garage, in an effort to restrict their access.

FULL story at link.