HEALTH CARE: Group says labor relations worse at 3 hospitals

A nonprofit, interfaith group charged Thursday that labor relations at three Ascension Health hospitals in Detroit, Kalamazoo and Grand Blanc have deteriorated.

Interfaith Worker Justice released a report, “A Fall from Grace: Workers’ Rights Abuses at Ascension Health’s Michigan Operations” on its findings on its Web site, www.iwj.org, and held a news media briefing in Detroit to discuss it.

Kim Bobo, the group’s executive director, said Ascension is trying to eliminate issues other than wages and benefits from its contracts, including provisions requiring certain nurse-to-patient ratios set to ensure good care. The three hospitals are St. John Hospital & Medical Center, Detroit; Genesys Regional Medical Center, Grand Blanc, and Borgess Medical Center, Kalamazoo.

In a statement, St. John Providence Health System, part of Ascension, said it “values all associates for their contributions to our healing ministry. We work continually in partnership with our associates on creating an optimal work environment. St. John Providence Health System believes that it is important to have a direct relationship with our associates, without inserting an outside third party.”

ABC 12 WJRT:

Crain’s Detroit Business:

Report critical of St. John Providence Health System labor practices

Interfaith Workers Justice, a national religious organization based in Chicago, issued a report that alleges Ascension Health and its Warren-based subsidiary, St. John Providence Health System, have engaged in a variety of anti-union activities at three Michigan hospitals.

In its 34-page report, “Ascension Health: A Fall from Grace,” Interfaith lists problems workers are experiencing and a pattern of anti-union behavior among management at three of Ascension’s Michigan hospitals, including 553-bed St. John Macomb-Oakland Hospital in Madison Heights.

“Ascension Health’s approach to workers is in free fall,” said Sister Monica McGloin, chair of the delegation from Interfaith Worker Justice that issued the report. “But grace provides an opportunity to make a change. Ascension needs to change its approach to workers.”

MNA/NNU Nurses at Yesterday's Press Conference

Left to right:

John Armelagos – U of M
Donna Farrell – Borgess
Monica Walker – Borgess
Pat Meave – Borgess
Jean Ross – NNU
Doris Goodrich – Borgess
Karen Mitchell – Borgess
Jeff Breslin – Sparrow

DETROIT—Leaders of the Michigan Nurses Association (MNA) and its national union, National Nurses United (NNU), expressed their appreciation today to Interfaith Workers Justice for its new report, “Ascension Health: A Fall from Grace.” (The report can be found here.)

The report from the national religious organization documents labor rights abuses at Ascension Health’s Michigan hospitals, including at Borgess Medical Center in Kalamazoo, Mich., where 700 MNA/NNU registered nurses are in an ongoing struggle to secure a new collective bargaining agreement.

On Monday of this week, the National Labor Relations Board charged Borgess with multiple violations of the National Labor Relations Act, including illegally restraining and coercing employees; unlawfully discriminating against employees in the terms and conditions of employment; and refusing to bargain in good faith with the MNA.

“We welcome the attention of these religious leaders on Borgess’ human rights abuses,” said Jeff Breslin, RN, President of the Michigan Nurses Association. “It is time for Borgess and its parent company Ascension Health to return to their roots and commit to Catholic social teaching of compassion, justice and respect for workers’ rights.”

“The nurses at Borgess refuse to be victims and we are standing strong and united for our rights on the job, for our profession, for our patients and for our community,” added Monica Walker, RN, a nurse at Borgess. “My co-workers and I are going to hold firm until a fair agreement is negotiated. We owe it to ourselves and our patients to ensure that Borgess is a decent place to work and a hospital where nurses are allowed to deliver quality health care.”

“The damage being created by Ascension Health hurts all of us,” said Jean Ross, RN, Co-President of National Nurses United. “When hospital management is allowed to disrespect nurses, who are the backbone of the hospital, safe patient care is at risk. “Our union won’t back down from our support for these courageous nurses,” she continued. “We will keep fighting and speaking out until justice is done.”

Kalamazoo hospital faces serious charges of federal labor law violations, litigation ahead

(Kalamazoo, MI) The National Labor Relations Board (NLRB) has filed a formal complaint against Borgess Medical Center (BMC) after the hospital issued public statements refusing to settle allegations of serious violations of the National Labor Relations Act initiated by the Michigan Nurses Association (MNA), the union representing the more than 700 professional registered nurses of the Borgess Staff Nurse Council. Borgess faces a legal hearing before an administrative law judge, likely within 60 days.

According to the NLRB complaint, Borgess management faces many charges including: coercively interrogating employees about their union membership, activities and sympathies; threatening nurses that a lockout by Borgess could result in the nurse’s discharge or permanent loss of employment; unlawfully equating support for MNA with disloyalty to Borgess; and of unlawfully discriminating against nurses because of their support for MNA and to discourage other employees from supporting the union. The complaint also concludes that Borgess failed to bargain in good faith during the course of negotiations with MNA.

“The NLRB’s complaint is vindication to nurses that they are victims of abuse by Borgess hospital,” said John Karebian, MNA Executive Director. “The NLRB Complaint charges hospital management with serious labor law violations. Borgess management has now arrogantly ignored the NLRB’s attempt to resolve these charges and settle with the nurses,” Karebian said. “This case has now become the United States government versus Borgess Medical Center and Ascension Health for serious corporate violations of federal labor law.”

Nurses have continued to care for hospital patients since March 19, 2010, when their contract expired at BMC. Borgess is owned by the St. Louis-based Ascension Health System.

“Once again, nurses call on Borgess management to stop its unlawful activity and return to the bargaining table to negotiate a fair and just contract,” Karebian said.

The complaint alleges unfair labor practices by the hospital earlier this year when it was in negotiations with the 700-member Borgess Staff Nurse Council and the Michigan Nurses Association, a statewide nurses union representing the council, according to the complaint, a copy of which was obtained by the Kalamazoo Gazette.

Borgess Monday rejected a settlement proposed by the National Labor Relations Board that would have voided the complaint.  The hospital must provide the board with a written response to the complaint by July 26. A hearing before an administrative law judge is scheduled for Oct. 4.

On Monday, an official with the labor board had said the formal complaint would be filed in the next few days if no settlement was reached; however, the complaint was actually filed Monday.

“Whenever we issue a complaint, we always look for a settlement,” said Stephen Glasser, the labor board’s Region 7 director, who said the board can make minor changes to its settlement proposal to try and reach agreement with Borgess.

Borgess declined to respond to allegations in the complaint, instead referring to a written statement it released Monday.

Read the full article here.

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Nurses United, Never Divided!

Brian Thomas
BMCRN.com Webslinger

We have been notified by the National Labor Relations Board that it is dismissing the Unfair Labor Practice Charges filed against the MNA by Borgess/Ascension because they lacked merit. Enclosed with this letter you will find a copy of the MNA press release announcing this news and also a copy of the Summary Report from the National Labor Relations Board (NLRB). It is clear that the Borgess PR distortion machine has again misrepresented the facts and again the Board has admonished the Hospital for its rhetoric and fabrication. The Hospital alleged that MNA had bargained in bad faith and orchestrated a campaign to disparage the Medical Center.

The NLRB specifically concluded that MNA’s public statements were not unreasonable and that none of the evidence supports the BMC claim that MNA had unlawfully refused to meet.

The NLRB’s dismissal of the complaint clearly refutes the Hospital’s statement that “on March 5th, Borgess did not provide the MNA with any changes to the proposal it submitted to the MNA on March 3rd.” You will recall the Hospital insisted that MNA canceled its March 9th ratification meeting to avoid reaching an agreement. The Board clearly contradicted this notion in its summary report stating: “late in the afternoon of Friday, March 5, MNA received from BMC’s legal counsel and bargaining spokesman an unsolicited batch of policy drafts, some of which contained substantial changes to existing practice under current terms of the contract. … MNA’s decision to cancel the ratification vote is not, in these circumstances, evidence of a desire to frustrate or avoid agreement. Neither can it be shown that MNA’s subsequent statements to the RN’s and the public that its decision to cancel the vote was caused by a ‘new proposal’ are unfair or misleading statements.”

Of particular note was the Board’s clear determination that “MNA statements that BMC would be unrestrained by contract language and would be able to ‘do whatever they want’ or act ‘at their whim’ under its policy proposals, however, are neither demonstrably false nor misleading.”

As to whether the MNA refused to counter or respond to Borgess proposals the Board concluded, “A careful review of the evidence, however, shows that MNA presented a comprehensive list of proposals covering non economic subjects of bargaining at the parties first meeting on January 14th….Contrary to BMC’s claims that MNA summarily rejected their proposals, the evidence shows that much time during the next seven meetings was devoted to MNA asking questions, seeking clarification and justification for BMC’s demands.”

So who has been telling the truth? Borgess will continue to do what it can to sugar coat an awfully bitter pill. The Board is prepared to issue a substantive complaint against Borgess Medical Center and has dismissed every single allegation against the MNA. “It’s time that the Hospital started bargaining in good faith and began working with the MNA at the bargaining table to reach a fair contract.” Let’s insist that the core values of the institution mean something to those individuals acting on behalf of Borgess/Ascension. Why do they insist on damaging their relationship with the community and of course the nurses? We can expect that the Borgess/Ascension PR machine will be working some overtime over the coming weeks!!!!!

In Solidarity,

John Karebian
MNA Executive Director

Kalamazoo hospital faces serious charges of federal labor law violations

(Kalamazoo, MI) The National Labor Relations Board (NLRB) has rejected a charge filed by Borgess Medical Center (BMC) alleging violations of the National Labor Relations Act by the Michigan Nurses Association (MNA), the union representing the more than 700 professional registered nurses of the Borgess Staff Nurse Council.

“The NLRB’s decision confirms what we have always known,” said John Karebian, MNA Executive Director. “The charges against the MNA were a smokescreen intended to cover up Borgess’s own illegal conduct against the nurses. The NLRB investigation saw through their phony claims and has pinned responsibility for the failed negotiations where it belongs – directly on the hospital. Borgess now faces an NLRB complaint for extensive and very serious labor law violations against it’s own union nurses.”

The NLRB’s complete rejection of the Borgess charges comes after a thorough investigation and review of all evidence submitted by the hospital in support of its claims. The NLRB’s decision means that the agency determined the Borgess accusations against the nurses union simply did not have merit. The dismissal of Borgess’s charges against the nurses union follows the NLRB’s recent separate announcement that a board complaint may be issued based on charges filed by the MNA against Borgess citing the hospital committed serious labor law violations against its nurses.

The MNA alleged that Borgess has been bargaining in bad faith and that Borgess has engaged in numerous acts of interference, restraint and discrimination against nurses in violation of federal law. The NLRB will give Borgess the opportunity to voluntarily remedy the unfair labor practices or face costly litigation.

Nurses have continued to care for hospital patients since March 19, 2010, when their contract expired at BMC. Borgess is owned by the St. Louis-based Ascension Health System.

“Throughout negotiations, Borgess and Ascension Health have attempted to strip the contractual guarantees nurses have to protect their practice, and the hospital threatened and intimidated nurses,” Karebian said. “The hospital management has acted as if the nurses were obstacles in their path, rather than the experienced caregivers the medical facility employs to provide quality patient care. Nurses again call on Borgess management to stop its unlawful activity and return to the bargaining table to negotiate a fair and just contract.”

Read the Letter of Dismissal from the NLRB here.

PRNewswire-USNewswire — Today, hundreds of hospital workers picketed in front of Genesys Regional Medical Center to protest the hospital’s draconian terms proposed during the latest round of negotiations that would terminate the current retirement, health care and wage system.

The technical bargaining unit is represented by Teamsters Local 332 in Flint, Mich. The group, comprised of licensed practical nurses, technicians, paramedics and EMTs, has been notified that the hospital will impose drastic cuts and layoffs in August. Their contract expired on March 17.

“These employees have continued to work without a contract even though the hospital refused any contract extensions after March,” said Nina Bugbee, President of Local 332. “They care deeply about their patients and have been working gracefully without a contract even as the hospital proposed outrageous cuts to their pay and retirement.”

Genesys Regional Medical Center abruptly ended contract talks with the Teamsters on June 24. The hospital is refusing to accept any counteroffers to its proposed contract or to schedule any additional meetings to discuss the contract. The hospital notified the media that it will impose the contract on its employees in August.

“Lives are at stake here. Genesys aborted the negotiations process and refuses to accept a counterproposal from us,” said Angela Oberman, business agent for the technical bargaining unit at Local 332. “Employees who have dedicated their lives to this institution are seeing their pensions eliminated and their wages cut, and they can no longer look forward to a dignified retirement.”

Read the entire story (including some very interesting information about Ascension’s recent settlements and court losses) here.

Kalamazoo hospital faces charges of federal labor law violations against nurses

(Kalamazoo, MI) The National Labor Relations Board (NLRB) announced today that absent a voluntary settlement it will issue a formal Complaint charging that Borgess Medical Center (BMC) has violated federal labor law and committed several serious unfair labor practice violations against the more than 700 professional registered nurses of the Borgess Staff Nurse Council.

The NLRB complaint comes after an intensive three-month investigation by the NLRB of the hospital. St. Louis-based Ascension Health System owns BMC. The NLRB issues complaints infrequently and only when the charges are determined by the Board to contain substantial merit.

The unfair labor practice charges were filed by the Michigan Nurses Association (MNA), the state union representing Borgess nurses in contract negotiations with the hospital. MNA’s charges alleged that Borgess has been bargaining in bad faith, and that Borgess has engaged in numerous acts of interference, restraint and discrimination against nurses in violation of federal law. The nurses have continued to care for hospital patients since March 19, 2010 when their contract at BMC expired.

“We believe the NLRB’s announcement confirms what we have witnessed from the Borgess management,” said John Karebian, MNA Executive Director. “During this entire bargaining process, the hospital and Ascension Health have attempted to strip the guarantees nurses have to protect their practice, the hospital threatened and intimidated nurses, and hospital management acted as if the nurses were obstacles in their path rather than the experienced caregivers the medical facility employs to provide quality patient care. BMC’s actions have finally caught-up with them. In light of this NLRB announcement, we call on Borgess management to cease and desist its unlawful activity and return to the bargaining table to negotiate a fair and just contract with our union.”

“Borgess nurses continue to be united in fighting for safe patient care,” said Shawn Shuler, president of the Borgess Staff Nurse Council. “We are not going to allow this out-of-town hospital system to strip our contract of its patient care and staffing safeguards. We are going to continue our struggle for a fair contract that protects our role as patient advocates. Borgess nurses are continuing to work without a contract, and we appreciate the support we have received from our community.”

“The NLRB announcement is a serious matter for Borgess Medical Center,” said Leonard Page, former General Counsel of the NLRB between 1999 and 2001, and a nationally recognized expert in labor law. “The NLRB issues complaints in only a small percentage of cases, and only after a complete investigation. The issuance of the complaint means the Regional Director found evidence that labor law violations by Borgess Medical Center have occurred. Borgess will be given the chance to voluntarily remedy the charged violations or face costly litigation.”

Leonard Page also points-out that research shows the NLRB issues a complaint in only one of every three charges the board investigates. Of NLRB complaints, 98% are voluntarily settled between the union and the hospital. Of the remaining 2% of NLRB complaints that do go to a hearing, the NLRB wins 75% of the time. Unfair labor practice complaints with the NLRB are important not just as a remedy for unlawful violations, but also because any union members who cease working because of an unfair labor practice cannot be permanently replaced by the hospital.