14 entries categorized "Labor Law Issues"

September 30, 2008

UAN Revises Its Constitution

FOR IMMEDIATE RELEASE: September 30th 2008
CONTACT:
Suzanne Martin, 240-821-1825

Delegates to 2008 UAN Special National Labor Assembly Revise Constitution, Affiliate Independent Nurse Unions


Silver Spring, MD – Delegates to the 2008 United American Nurses Special National Labor Assembly, met Sept. 21 in Chicago to amend the national union’s Constitution to reflect the evolution and maturation of the UAN over its nine-year history and recommit to the relationships UAN has built with RN members in three states.

Specifically, delegates unanimously approved resolutions affiliating the Michigan Nurses Association (1-08S) and Hawaii Nurses Association with the UAN (5-08S). MNA and HNA withdrew from the American Nurses Association on June 27 and Sept. 17, 2008, respectively. Prior to the Constitutional amendments passed at the Special NLA, state affiliation with the UAN was contingent upon membership in the ANA. UAN delegates also unanimously ratified affiliation of the newly independent Southern United Nurses (2-08S), whose members previously were represented by the Kentucky Nurses Association.

Delegates also approved amendments to the UAN Constitution that reflect the termination of UAN’s affiliation with the American Nurses Association and the disaffiliation of some state nurses associations from the UAN. Among the approved changes are provisions which


  • Remove references to the ANA from the Constitution.
  • No longer require UAN Affiliates to be members of ANA.
  • Clarify Constitutional language on founding Affiliates to include only those states which have maintained UAN Affiliate status since then.
  • Add an associate membership category to include RNs in states which disaffiliated from UAN and retired UAN RNs.


Given UAN’s evolution as a national union since its founding in 1999, the Special NLA also voted to


  • Remove the requirement that members of the UAN Executive Council be represented for collective bargaining by a UAN Affiliate.
  • Remove “national” from the title of UAN’s executive director and expand the responsibilities of this position to include assisting the president.
  • Lengthen the terms of elected offices from two to four years.


These Constitutional changes also will enable the establishment of a full-time UAN presidency.

“I commend our delegates for their hard work and thoughtful deliberation at the Special NLA,” said UAN President Ann Converso, RN. “The changes they approved allow us to move forward as a national union well-positioned to work with our members, our Affiliates and like-minded staff nurses across the country to meet our mutual goals of real and enforceable safe staffing legislation, quality and accessible health care for all Americans and a U.S. president who puts the priorities of working families first in this country.”

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The United American Nurses, AFL-CIO, represents registered nurses across the country in state nurses associations, nurse unions and collective bargaining programs, working for change on the issues important to staff RNs.

August 14, 2008

Kentucky Nurses Association (KNA) and its Union Separate

See http://www.kentucky-nurses.org/news2.htm.

Here is the cut and paste:

KNA And Its Union Separate

            On July 8, 2008 the National Labor Relations Board granted petitions (Amendment of Certification Petitions) filed by the KNA to permit the KNA Collective Bargaining Division to become its own independent union, separate from the KNA.  Effective immediately upon the signing and approval of those petitions on July 8th, the KNA Collective Bargaining Division became the Southern United Nurses (SUN).

            SUN is a newly formed and independent union that is not affiliated with the KNA.  As a result of this transition, SUN is the collective bargaining agent for the new union and the KNA no longer services a union.

            The effects of these developments on the KNA are expected to be positive, despite the initial loss of just over five hundred members.  While KNA membership numbers will drop, the financial impact will be positive.  During the last couple of years, the KNA’s expenses related to servicing the union exceeded the income provided by the union.  In addition, union-related costs were unpredictable and often sizeable.  The transition out of the union business will allow the KNA to stabilize its operating budget and more accurately project expenses and income in the future.  KNA expects the departure of the union to better position the KNA for growth and investment in new and progressive membership services and benefits.

KNA will actively encourage the members that have moved to SUN to join the KNA as individuals, even though they are no longer members through their union.   In addition, the KNA looks forward to embracing its future with a renewed energy and fresh perspective that will be channeled into an upcoming Membership Recruitment and Retention campaign to promote the benefits and value of the KNA to RNs throughout Kentucky.

 

July 24, 2008

UAN Hires a New Executive Director: Walter Frederickson, RN

See http://www.uannurse.org/media/press.html?view=press_release&press_id=363&year=2008.

FOR IMMEDIATE RELEASE: July 22nd 2008
CONTACT:
Suzanne Martin, 240-821-1825

UAN Welcomes Frederickson as Executive Director


Silver Spring, MD – Executive Council members of the United American Nurses, AFL-CIO, announced today the appointment of Walter Frederickson, RN, to the position of executive director of the UAN.

“We are very fortunate to have gained someone not only with Walt’s organizational experience and knowledge of UAN’s history, but also his strong labor and nursing background,” said UAN President Ann Converso, RN. “I believe he will be a tremendous asset as we look to grow our union and improve conditions for nurses and their patients.”

An RN for more than 30 years, Frederickson comes to the UAN from the Minnesota Nurses Association, UAN’s largest affiliate with 20,000 members. He previously was a member of UAN’s Continuing Advisory Committee to the Executive Council and served as a UAN director-at-large on the UAN Executive Council from 1999-2001.

In his twelve years with MNA, Frederickson held many positions, from organizer to director of labor relations to executive director. He currently serves on the Minnesota State AFL-CIO Board of Directors, as a trustee of the Minneapolis Central Labor Union Council, AFL-CIO, and as a trustee on the Minneapolis Regional Labor Federation, AFL-CIO.

“Walt has dedicated his professional life to working with union nurses and shares our vision for organizing staff nurses around the country who don’t yet enjoy the benefits of union membership,” added Converso. “We have seen the good work he has done to strengthen MNA/UAN members in Minnesota, and I look forward to working with him to build on that success at the national level.”

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The United American Nurses, AFL-CIO, is the only national nurses union by and for RNs, representing thousands of registered nurses and including state nurses association or collective bargaining program affiliates from coast to coast.

May 09, 2008

Who Represents Nurses and the Nursing Profession?

See this post about Texas nurses debating the pros and cons of unionization. http://www.dallasnews.com/sharedcontent/dws/bus/stories/042308dnbusnurses.3b2e75d.html.

This is an excerpt from the article:

There hadn't been a nurses' union in Texas since the 1970s – until last month's vote brought one to a Houston hospital. Now it looks like Dallas will be the next battleground.

It was Dallas-based Tenet Healthcare Corp., the nation's third-largest publicly traded hospital system, that opened the door to nurses' unionization in this business-friendly, right-to-work state.

A March 27 vote at Tenet's Cypress Fairbanks Medical Center in Houston was the first successful union vote in Texas history, although an existing nurses' group here once operated as a union.

What will these mean for the Texas Nurses Association, which is the ANA affiliated professional association for Texas nurses? Will nurses migrate more so to unionization and union organizations now in Texas? Will the union efforts prompt nurses to join the Texas Nurses Association, which exists exclusively as a professional association?

I am not an alarmist however I will say this:

1. The majority of nurses don't support professional associations and the majority of nurses don't belong to a union. Why don't professional associations and nursing unions have the support of the 3 million RNs and LPNs in the country?    

2. Some ANA affiliated state nurses associations are running of risk of "not being considered the professional voice for nurses in a particular state." Why? If a nursing union like the CNA/NNOC or SEIU has more state-based members than a ANA-affiliated state nurses association, what happens? Does the organization with the most members in a particular state represent "nurses and the profession of nursing" in the state? Does it turn into a mines is bigger and larger than yours type thing?   

3. How does the current turmoil within the ANA Enterprise assist state nurses association which exist purely as a professional association, like the Texas Nurses Association or state nurses associations, like the Ohio Nurses Association, which exists as a union and a professional association? See my post the ANA saga and megadrama here. http://advocatefornurses.typepad.com/my2cents/2008/04/turmoil-once-ag.html

4. Survival. There's a song and verse, "only the strong can survive", "Its Called Survival." Can the ANA/State Nursing Associations, CNA/NNOC, UAN, and the SEUI all survive or thrive in today's nursing workplace? Or this is like Highlander, "There Can Be Only ONE." http://en.wikipedia.org/wiki/Highlander_(film)

What's your opinion?

See http://www.texasnurses.org/. This is the website for the Texas Nurses Association.

April 27, 2008

Now that's Interesting! Kentucky Nurses Association and Its Union are Parting

The Kentucky Nurses Association and its union are parting ways.

http://www.kentucky-nurses.org/news2.htm

I changed the poll on this blog today. The poll now asks in your opinion, if State Nursing Associations affilated with the American Nurses Association should exist as a professional association only, as a union only, or as a blended organization.

Is the marriage of a state nurses association and a union healthy in your state? Do you think the union/professional association combination (its referred to as a blended state in the ANA Enterprise) discourages nurses from joining the professional association in your state? Do you think joining a blended state organization, like the Ohio Nurses Association, which is a professional association and a union is unprofesssional? Do you think state nursing associations are relevant and provide needed products and services for today's nurses, union and/or non-union?

I am a member of a blended organization, the Ohio Nurses Association and I will tell you, its interesting. Blended meaning the State Nurses Association has a union arm and a non-union arm/workplace advocacy arm.

I use the term interesting because this is the term used by others (nursing board staff and national and state nursing association staff) to describe this blog and I think by saying something is interesting without more, speaks for itself.

I have a long post next week on the ANA Enterprise (American Nurses Association, Ohio Nurses Association, United American Nurses, and the Center for American Nurses) which is of course just my opinion and just my two cents.

March 14, 2008

SEIU and Catholic Health Partners

This is available on the Ohio Nurses Association website. See http://www.ohnurses.org/AM/Template.cfm?Section=News&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=2383

Nine hospitals operated by Catholic Healthcare Partners in Ohio are allowing the Service Employees International Union (SEIU) to hold uncontested union elections on March 12-14.

The RNs at these hospitals did not ask to be represented by SEIU. They did not even know an election was being held until two weeks ago when they received a letter signed by both hospital management and the union. The nurses are not being given the opportunity to choose a professional nurses’ union, such as the Ohio Nurses Association, which would truly represent their interests.

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Wow! Catholic Healthcare Partners and the SEIU. The SEIU is doing "big things" here in Ohio. First the Ohio Independent Providers (IPs); there are over 7,000 IPs in the State of Ohio. Now this uncontested union election with Catholic Healthcare Partners.

Nine hospitals with anywhere from 7,000-8,000 RNs.

What does this mean for the Ohio Nurses Association, which is a union and a professional association? 

March 12, 2008

SEIU Closed-Election with Catholic Health Partners Canceled

This information is posted on the Ohio Nurses Association website (see www.ohnurses.org) and is available on the Cincinnati Business Courier's website. See http://www.bizjournals.com/cincinnati/stories/2008/03/10/daily23.html.

The elections were canceled because of the protests waged by the California Nurses Association and its national arm, the NNOC. Members of the CNA/NNOC were on the Catholic Health Partners campus encouraging nurses not to support the SEIU.

The elections would have involved 8,000 registered nurses and other employees at nine hospitals in Cincinnati, Lima and Springfield. That included Mercy Health Partners, which operates hospitals in Fairfield, Anderson Township, Mount Airy, Western Hills and Clermont County.

Its interesting that Catholic Health Partners filed for the election without any showing of support for SEIU representation.

Ohio for whatever reason is becoming a hotbed for collective bargaining activity. RNs at Catholic Health Partners should have a choice in selecting union representation. There are several unions available to represent the 8,000 RNs including the Ohio Nurses Association, California Nurses Association/NNOC, and the SEIU.

8,000 RNs would essentially double the membership of the Ohio Nurses Association. It would give the CNA/NNOC a "toe hold" here in Ohio and it would add a notch to the SEIU's representation of healthcare workers in Ohio as the SEIU is currently negotiating a contract with the State of Ohio to represent over 7,000 independent providers.

I have a nose for litigation and this is going to be a fight. Yours truly will keep you posted. What is your opinion of unions in nursing? For or against and why?

March 10, 2008

Will the RNs at Catholic Health Partners vote for SEIU Representation?

See this article in the Cincinnati Business Courier about Catholic Health Partners and the SEIU.
http://www.bizjournals.com/cincinnati/stories/2008/03/03/daily10.html?ana=from_rss.

Here is a cut and paste of the article:

Cincinnati-based Catholic Healthcare Partners, which operates health-care facilities in Ohio, Indiana, Kentucky, Pennsylvania and Tennessee, reached an agreement with the union to allow votes this months at its hospitals in Cincinnati, Springfield and Lima, Ohio, according to a report in the Lima News. That includes Mercy Health Partners, which operates hospitals in Fairfield, Anderson Township, Mount Airy, Western Hills and Clermont County.

As part of the agreement, the union and health system promised they would not attempt to persuade workers to take sides, according to the newspaper story.

Pete Gemmer, spokesman at Mercy, confirmed that the local hospitals will vote on March 14, and a letter was sent informing employees of the election.

"There will be absolutely no campaigning by either side. The letter that went out to employees on Friday was a joint letter signed by both parties. And the primary focuses from our side in doing this are, No. 1, our employees will have a chance to voice their opinions on whether or not they want to join a union. And two, the 'no campaigning by either side' makes sure that patient care is not compromised in any way as we participate in this election," he said.

A spokeswoman for SEIU District 1199 said the voting will take place among six working groups in each hospital - registered nurses, professionals, technical staff, clerical staff, maintenance workers and support workers. Each will vote separately on whether or not to join the union.

The SEIU, which has a health-care office in Columbus, has been trying to unionize workers at the local Mercy hospitals for several years. Its District 1199 represents more than 5,500 health-care workers in Ohio, Kentucky and West Virginia.

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Will the RNs vote for representation with the SEIU? Do you think representation with ANA-affiliated unions are more beneficial?   

February 12, 2008

Negotiations with SEIU and State of Ohio

Collective bargaining negotiations have begun with the State of Ohio and the SEIU. The SEIU represents the 7,000+ IPs in the State of Ohio. Keep in mind less than 1,750 voted in the favor of the Union. Several hundred of the independent providers are RNs and LPNs.

The SEIU has asked the State of Ohio to deduct dues payments directly from each indepedent provider's pay. The Union is seeking a fair share agreement. Fair Share meaning all IPs would pay union dues even if they are not members.

Also Governor Strickland issued Executive Order 2008-02S. This allows for independent child care home providers to organize under collective bargaining.

December 28, 2007

NNOC wins an election in Nevada

The National Nurses Organizing Committee (NNOC), which is affiliated with the California Nurses Association won its first election in Nevada. Registered nurses at Saint Mary’s Regional Medical Center in Reno voted by over 64 percent to join the California Nurses Association/National Nurses Organizing Committee (CNA/NNOC). According to the press release link Nevada becomes the fourth state, joining California, Illinois, and Maine, where CNA/NNOC represents RNs in collective bargaining. See the following link for additional information:

http://www.calnurses.org/media-center/press-releases/2007/december/saint-mary-s-reno-rns-choose-cna-nnoc-in-landslide-64-percent-vote-for-500-rns-nevada-breakthrough-for-fastest-growing-union.html

With the departure of Ohio, New York, Oregon, and Washington State Nursing Associations from the ANA-affiliated, United American Nurses (UAN); it remains to be seen which national union represents the largest numbers of RNs for collective bargaining.

Is it the UAN, CNA/NNOC, or the SEIU?

December 27, 2007

The Big Four Disaffiliate from the United American Nurses

The Ohio Nurses Association, New York Nurses Association, Washington State Nurses Association, and the Oregon Nurses Association have all opted to disaffiliate from the United American Nurses (UAN). See http://www.uannurse.org/media/hot_issues.html?view=press_release&press_id=302. See also

http://www.ohnurses.org/displaycommon.cfm?an=1&subarticlenbr=258.

The UAN was the largest RN union in the country. I seriously doubt the UAN will be able to make that claim now that over 50,000 of its membership has disaffiliated.  These collective bargaining agreements were serviced at the state nursing association (called constituent members associations or CMAs now) level so there shouldn't be any interruption in services provided to RN union members.

2007 has been a year of surprises in nursing. Onward and Forward....What will 2008 hold for the profession of nursing?

Do you think national nursing unions are a thing of the past? Is there a need for national nursing unions?

November 12, 2007

Support Your Nursing Colleagues on Strike!

I am not a member of a nursing union but I am a nurse. I would ask that you consider sending financial support to the nurses of the Kentucky Nurses Association and West Virginia Nurses Association who are on strike with ARH. See www.ohnurses.org. The nurses are receiving support from national and state nursing professional associations and labor unions. See www.nursingworld.org.

Any donation that you can make will be greatly appreciated as these nurses are entering their 2nd month on strike. Mortages are due and the Holiday Season is approaching fast.

Donation can be mailed to:

Kentucky Nurses Association
ATTN:  Labor Program Director Dewey Parker
1400 South First St
Louisville, KY 40208

West Virginia Nurses Association
ATTN:  E&GW Chair Rue Hairston, RN
PO Box 1946
Charleston, WV 25327

October 23, 2007

600 Nurses in Michigan Trying to Organize

Six hundred nurses at Detroit Medical Center are in a union organizing effort with the Michigan Nurses Association. It has been alleged that management is conducting an anti-union campaign. http://www.laborradio.org/node/7081.

Do you think management should conduct anti-union campaigns when nurses organize?

October 03, 2007

Is It Fair to Base Union or Professional Association Dues on the Gross Income of Members?

I obtained this information from the SEIU 1199 website. See http://ltc.seiu1199.org/HCFaq.aspx

Dues in SEIU District 1199 are 1.75% of gross pay, or $1.75 for every $100 you make.

So for every $1,000.00 grossed, the dues will be $17.50. I have several clients who are Ohio IPs and these nurses can gross from $50,000 to $80,000.00 a year or more.

An Ohio IP Nurse with SEIU labor representation who grosses $50,000 year may pay $875.00 a year for labor dues. This is speculative at this point but based on the figure provided on the SEIU 1199 website, which doesn't mention a cap.

This is expensive and there should be a cap, i.e. a maximum amount on which the SEIU figures dues for Ohio IP union members. A cap at $30,000 would yield $525.00 in dues.

In the spirit of full disclosure, I should note that I am member of the Ohio Nurses Association. The Ohio Nurses Association (ONA) is a union and a professional association. I do not belong to an ONA collective bargaining unit. In addition to being self-employed as an attorney, I am employed as a home health R.N. The home care agency where I am employed is unorganized (no union).

As a RN and a licensure defense attorney I support the rights of individual nurses to determine what's best for them in the workplace:

1. Working pursuant to a collective bargaining agreement;

2. Working in a non-union setting and utilizing workforce advocacy tools (see the Center for American Nurses at www.centerforamericannurses.org) ; or

3. Negotiating with an employer and having an individual employment contract or agreement.

The Ohio Nurses Association is proposing a dues increase for its membership which will be decided at the Convention next week and its only 0.8% of a stipulated salary. ONA Union and Non-Union Members have different stipulated salaries.

I can't imagine an attorneys union. Even more unimaginable, would be a union of attorneys proposing to base dues on a gross percentage of attorney members income. You can say of course, I am comparing apples to oranges my comparing attorneys to nurses and other healthcare professionals.....

Should unions and professional associations base membership dues on the salary of its membership? I can assure you, the American Bar Association, The American Association of Nurse Attorneys, or the state Bar Association that I belong to would NEVER propose such a concept.

Can you explain why this is occurring? What's your opinion? If you want to express your opinion and would like for me to post the comment without your name and email address, just let me know.

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