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St. Vincent's Strike

Hurray for the nurses of St. Vincent's Hospital and Worcester Medical Center who won a victory today, not only for themselves and their patients, but for every nurse and every patient in America. 

St. Vincent's Hospital RNs Reach Tentative Agreement With Tenet in Talks Hosted By Sen. Kennedy and Congressman McGovern in Washington D.C., Pact Includes Limits on Mandatory Overtime the Nurses Sought

  • The Nurses Praise Settlement as Victory for Nurses, Patients, the Worcester Community, as well as for Nurses from Throughout the Nation
  • Pact Will Now Go Before Rank and File Membership for a Ratification Vote
WORCESTER, Mass.—In a historic ending to a historic 42-day strike, registered nurses represented by the Massachusetts Nurses Association (MNA) at St. Vincent's Hospital/Worcester Medical Center in Worcester today reached a tentative agreement of their first contract with Tenet Health Care.  The pact, which still needs to be presented to the rank and file membership for a ratification vote, includes key provisions the nurses had sought through the strike.  Specifically, the contract places strict limits on the amount of mandatory overtime, calls for the phase out of a controversial flex time policy, and provides the nurses with a protected voice and binding arbitration regarding issues related with their move into the new Worcester Medical Center facility.  The talks progressed quickly once Tenet agreed to back off its demand for the right to mandate up to eight hours of overtime, a practice the nurses opposed because of its negative impact on patient care.

The agreement was reached today in talks hosted by Sen. Edward Kennedy and Congressman James McGovern  in the offices of Sen. Kennedy in Washington. D.C.  After discussions with the Sen. Kennedy's office late last night, the decision was made by the nurses to fly to Washington to resume talks toward a settlement.  The talks began at 10:30 a.m. and ended after 5 p.m..  A press conference was held at Sen. Kennedy's office to announce the result of the negotiations. 

"This is a true victory for all involved, for the nurses, for the community, and most important of all, for the patients of Worcester Medical Center, who will now be guaranteed care provided by nurses who are rested, alert and prepared to deliver the safe patient care they so rightfully deserve," said Sandy Ellis, a member of the nurses' bargaining committee.  "This is also a victory for the nursing profession and our colleagues from all over the nation who have been watching this strike, and supporting our stand for safe staffing and limits on mandatory overtime.

The hospital, which had been insisting on the need for the right to be able to mandate 16-hour shifts since the strike began on March 31, 2000, came to the table with a proposal that mirrored the nurse's last proposal, issued at the last negotiating session on May 4, 2000.  The overtime language agreed upon today limits the amount of mandatory overtime assigned to a nurse to no more than 4 hours, and limits the amount of times a nurse can be assigned overt time to 8 times per year (twice each quarter).  However, every nurse has the right to refuse a mandatory over time assignment if he or she feels to fatigued or ill to work safely.  The language calls upon the hospital to exercise its best effort to maintain full staffing in order to prevent the need for mandatory overtime, and it requires the hospital to carefully document each and every instance of mandatory overtime, and to review those occurrences with a staffing committee made up of unionized nurses and management.  The goal of this process is to limit the use of mandatory overtime and develop solutions to correct conditions, such as inadequate staffing, that contribute to it.  If the two sides cannot agree on problems that arise, the language calls for the issues to be presented for expedited arbitration. 

"Our biggest concern was that this hospital would use mandatory overtime as a mechanism to staff the facility," Ellis said.  "This language not only provides strict limits on the amount of overtime assigned, but also provides a rigorous process for ensuring that management address underlying staffing issues that cause mandatory overtime." 

Protection on Issues Related to Move to Worcester Medical Center

As the nurses were preparing to strike, the hospital was making plans to move most of its patient care services from the St. Vincent's Hospital facility to the newly built $215 million Worcester Medical Center.  The hospital actually moved its operations two days after the strike began on April 3, 2000.  Throughout the two-year process of negotiating their contract, the nurses had been seeking information from Tenet concerning the working conditions for the nurses in the new facility.  Tenet's failure to provide that information was the subject of unfair labor practice charges filed by the union, and developing a process to resolve issues related to the move has remained a sticking point to the negotiations. 

Today's agreement provides both sides with a 60-day period to negotiate these issues, after the nurses have returned to work.  In the event that the nurses and management fail to reach agreement on any issues in that period, the unresolved issues shall be submitted to binding arbitration. 

Back-to-Work Agreement

Finally, the new agreement provides a process to govern the return to work of the striking nurses.  Under the agreement, the parties agree to begin immediate negotiations over issues concerning the nurses' return to work, with the goal of returning all the striking nurses back to their positions on or before June 1, 2000. 

The hospital also agreed to pay the nurses' costs for health and dental insurance benefits, which had been cut once the strike began. 

The nurses have been attempting to negotiate their first contract with Tenet, the nation's second largest for-profit hospital chain, for more than two years. The 615 nurses have organized a union and been using the collective bargaining process to address their primary concerns about inadequate staffing levels and deplorable working conditions under Tenet management.  Tenet's staffing levels are the worst of the 85 facilities where the Massachusetts Nurses Association represents nurses in the state. St. Vincent's nurses on the day shift are regularly assigned between 8 – 10 patients on days, and between 12 – 14 patients on nights.  A safe assignment is no more than six patients on days, and 8 patients on nights.  The nurses have filed more than 450 official reports of unsafe staffing assignments that "jeopardize patient care."

Tenet purchased St. Vincent's Hospital in 1997, and has also built the new $215 million Worcester Medical Center in downtown Worcester.   Tenet was scheduled to open the new facility and move the patients into it on April 1, 2000.  The move was postponed for two days because of problems with care being delivered by more than 120 replacement "scab" nurses provided by U.S. Nursing Corps, a Denver-based firm that specializes in providing strike breaking nurses to hospitals involved in labor disputes.   The nurses are paid more than $4,000 per week as well as food and lodging. 

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