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03.14.2006

NURSES FILE CHARGES AGAINST UMMC
DISCIPLINE & HARASSMENT SHOW PATTERN OF UNION BUSTING

“What is more important to our patients, clean instruments in the O.R. or management control?”

The Massachusetts Nurses Association (MNA) union bargaining units at two hospitals of the UMass Memorial Medical Center (UMMC) have filed charges against the hospitals before the National Labor Relations Board. The MNA asserts that UMMC is harassing and subverting the authority of the union and its leadership in an attempt to break the union.

The MNA charges UMass Memorial Medical Center and its two hospitals with unfair labor practices for singling out and disciplining Jackie Brosnihan, the unit chair at the Memorial Campus, and not allowing Judy Locke, the vice chair at the University Campus to carry out protected union activity. In addition to punitive scheduling tactics, they also charge that Locke was denied the right to take shifts in the new Lakeside Post Anesthesia Care and Surgical Admissions areas thereby adversely affecting patient care. The manager has refused to orient her to the new area despite 26 years of experience caring for these patients. One hundred and twenty-two unfilled shifts were on the need’s list when the new unit opened and the shortfall is ongoing.

The charge states that the UMMC is trying to undermine the union and not allow the union officers to carry out activities protected by the National Labor Relations Act. The charge underscores a dramatic change in the overall work environment at the UMass Memorial Medical Center, where management has taken a more aggressive anti-union and anti-nurse posture, at a time when staffing conditions have deteriorated and employee morale has plummeted.

At the Memorial campus the unit chairperson, Jackie Brosnihan, has been falsely accused in six individual instances of wrongdoing and has been threatened with termination. “Management has done everything they can to stop me from carrying out my union duties,’ said Brosnihan. “They have disciplined me for speaking to members, management has tried to keep me from representing the bargaining unit, and they have harassed me even during patient care.” According to Brosnihan, the most outrageous charge was when she was disciplined for showing a senior administrator a contaminated, dirty instrument that was supposed to be clean and sterile for use on a patient for a surgical procedure. “Using contaminated instrumentation is against our nursing practice and unsafe for our patients. Infection is a huge risk for our surgical patients. We would not start a case with contaminated instruments and I wanted to bring this to the attention of the vice president of Surgical Services since this has been a continuous dangerous problem.”

On the University campus, Judy Locke faced much the same problems. When her unit was closed and a new very similar unit was opened, management refused to bargain with the union over what would happen to the present employees. “I guess you could call the old unit a very active unit for the union,” said Locke. “We feel this was the reason they refused to enter into the standard bargaining over this issue. We are confident we could have moved to the new Lakeside unit with our patient population if the hospital had been willing to address our concerns. When the unit closed, I took a position in another unit. Since then, I have had the problem of being denied the ability to work open shifts at Lakeside. Management refuses to orient me to these new units that are in desperate need of experienced nurses. I have spent most of my nursing career in this specialty and am willing to work there still. This all has a very serious negative affect on patient care.”

Both leaders believe that management has made a conscious effort to bad mouth the union and put it in a very negative light. One supervisor at University told a group of nurses that their unit was short staffed because a union member was “off at a MNA convention having fun while we’re working our tails off.” And at Memorial, Brosnihan was told by management personnel that they would decide what a union issue is and would control how the union contract would be applied to the bargaining unit members. Other bargaining unit members were intimidated from speaking out and some managers would not allow Brosnihan to speak with members regarding potential union issues.

In addition to attacking union leaders, UMMC has come to the negotiating table at the University campus with a host of proposals that would take away a number of hard won benefits enjoyed by the nurses, including their pension, health care costs and co-pays and Family Leave provisions.

In the last year, the administration of UMass Memorial has hired a new head of Human Resources who, according to the union, clearly changed the union-management relationship, and did it by design.

According to Roland Goff, director of MNA’s Labor Relations, “It is clear to us that this administration has made a decision that they are intent on fostering a toxic and antagonistic relationship that management believes will intimidate and silence the union.”

That will not happen according to Locke, “They have made a major miscalculation. Their activities have only made the union stronger, and it has mobilized the entire nursing community at our institutions to stand up and fight for ourselves and for our patients.”

The Massachusetts Nurses Association filed the charges in February and anticipates a hearing at the NLRB in the near future.

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