SEIU, Nurse Independent Providers, and the State of Ohio: And So It Begins

Everything that has a beginning, has an end. This is the tagline from the Matrix Revolution. http://en.wikipedia.org/wiki/The_Matrix

I was provided this information by nurses are questioning their rights under the new contract with the SEIU for State of Ohio Independent Providers.

See http://seiuaction.org/seiu1199wko/notice-description.tcl?newsletter_id=22382919.

While I cannot provide legal advice on this blog, Nurse-IPs with concerns should review the orientation materials received very carefully to determine what are their rights and responsibilities related to the union and dues. You should ask for a copy of the contract if one is not provided for you.

You should then contact the identified representative with the SEIU with your questions and concerns especially with those related to dues. You can also consult with an attorney to review the information with you. You can also contact Jan Lanier, RN, JD, the Deputy Executive Director of the Ohio Nurses Association or Brett Anderson, JD, the Director of the Economic & General Welfare Program, of the Ohio Nurses Association.

---------------------------------------------------------------------

This is just my opinion, but the decision to involve the SEIU when the State of Ohio threatened wage reductions for Ohio IPs (which includes RNs and LPNs among others) was hastily made by a few and it remains to be seen whether and how RN and LPN Independent Providers in Ohio as licensed healthcare professionals who are legally and professionally accountable and responsible for the nursing care provided to home care patients will benefit legally and professionally from the SEIU contract.

Comments

[Tina RN]

You can find information regarding becoming an Independent Provider at
http://www.ohiohcp.org/Provider/pr_enrollmentlpn.html

Nurses are responsible for creating their own forms. The rules and procedures you follow are the ODJFS and the Ohio Board of Nursing Laws and Rules.
There is no problem working for an agency, while working as an independent nurse. Just do not cross the line....there has been a problem with "case stealing."
Also, take a look at http://ohioip.net/ This is a website for Ohio Independent Provider Nurses.

[Amy]

Good Morning Everyone!! I sure hope someone can help me answer a few questions foreign to me as I consider myself an "outsider" to independent nursing!

I am currently employed with an agency and recently, through an OT contact, was made aware of a case for which I would be 'perfect'. This made me wonder about investigating becoming an independent nurse. I am an LPN working mainly with Peds. but I also have had experience with adults in nursing home care as well as assisted living environments, and with all the aging baby boomers, I believe this category of nursing is going to be huge.

My questions: Is there a favorite website you would recommend for independent nursing rules and procedures?

Is there a rule against an agency nurse also being registered as an independent?

Are there industry-wide forms required, or do you create your own?

I could go on, but if you direct me, I am certain that many of my questions would probably be answered by your website referrals.

Thank you so much!!
Amy

[April]

Thanks very much for the website Latonia. Greatly appreciated. I just wish they would mail me some information regarding all of this as well. Sure that would help alot of people out. Have a wonderful day!

April

[latonia]

Hi April,

Here is the SEIU website for IPs.

http://ipwebsite.seiu1199.org/

[April]

I am completely appalled by this news as I have not received one single solitary letter regarding a union as an IP. I was not asked and have no information about it whether it helps me or not. I feel the state should familiarize people like me before they just assume I am joining. I don't know the costs or anything about it. Shouldn't this be a priority first for them to let us know everything? can someone help me out here and give me some contact information or let me in on whats going on? Thanks so much!

April, LPN

[latonia]

I am reviewing and posting the comments I receive related to the SEIU and the collective bargaining agreement for Independent Contractors in Ohio.

We are all nurses and therefore even though we may disagree (and there is nothing wrong with disagreeing with a colleague and stating your own opinion and why your strongly feel the way you do), let's keep in civil. I know tensions are rising, but let's keep it professional and continue the dialogue.

[Paula Georgie LPN]

It was stated, "Who do you guys think stopped our pay cut? It wasn't you."

Do you have documented proof that the SEIU did this or were you just informed by them they did?

It was stated, "The union was not getting any money from any of us and went to bat so we could not only keep the money that we already had, but also get a 3% raise."

I think its foolish to believe this.

[Sandy Lpn]

"Who do you guys think stopped our pay cut? It wasn't you. The union was not getting any money from any of us and went to bat so we could not only keep the money that we already had, but also get a 3% raise."

First of all, you do not know what some of us did and who we contacted and worked with. It was the Ohio Council For Home Care that went to bat for IPs regarding the 3% raise. The SEIU took credit for it!

"I feel that if you are in this field for the right reasons you wouldn't want to leave without giving a notice and allowing your patient to find a replacement."

Nobody said anything about leaving a consumer without notice. The comment made was IPs give 30 days (4 weeks) notice and Agency nurses only have to give 2 weeks.

[Michelle Draise]

If you did not join the union, they should not be taking dues out of your check. Who do you guys think stopped our pay cut? It wasn't you. The union was not getting any money from any of us and went to bat so we could not only keep the money that we already had, but also get a 3% raise. The union dues are a tax right off. So, my thoughts are should I give my money to uncle Sam who will do absolultely nothing for me, or right it off as an expense and somebody will be there who will have my back in time of need. The union is also having money taken from our checks so we can use it for taxes and don't end up owing thousands of dollars at the the end of the year that we don't have. Not to mention the oppurtunity to get insurance. You are allowed to leave your consumer if it is a safety issue for you without giving a notice. I feel that if you are in this field for the right reasons you wouldn't want to leave without giving a notice and allowing your patient to find a replacement.

[Sandy Lpn]

I found this information below if anyone is interested.
http://www.nrtw.org/deauthorization-election
They also have a petition we can use to gather signatures.

Under the National Labor Relations Act, employees have the right to call for this deauthorization election at any time. If 30% or more of the employees in the bargaining unit sign a Deauthorization Petition, the National Labor Relations Board will conduct a secret ballot election to determine if a majority of the employees wish to throw out the forced-unionism clause and give employees freedom in the decision whether to join or pay dues to the union. If the petitioning employees win that election, then employees cannot be compelled to pay any dues or fees to the union, and their bargaining unit becomes an “open shop.”

HOW TO GET STARTED: First, employees should assess the strength of support for deauthorization within their overall bargaining unit. Usually, is it not worth calling for such an election unless the petitioning employees believe they will be able to garner the support of a majority of their fellow employees. This is especially true because in order to successfully "deauthorize" a forced unionism clause, the NLRB requires the petitioning employees to garner the votes of a majority of those employees eligible to vote, not just a majority of those employees who show up to vote on election day!

[Kathy]

Is there a way to vote the SEIU out.....to get rid of them?

[Karen LPN]

I did not vote for the SEIU either. I have enough deductions to take out of my pay as it is. Are there any IP nurses out there who know what the union has to offer us? The thought of the SEIU being able to deduct union dues out of my already stressed pay check, is upsetting. Makes me want to go back to working for an agency.

[Marsha RN]

I am not pleased with the thought of having union dues being deducted out of my pay. I did not vote for us Ohio Independent Provider nurses to be represented by the SEIU for several reasons. But mostly it was because they were unclear in regards to what they had to offer us. I also felt, as IPs we have enough to deal with. We still will not have our taxes taken out by the state even though we are paid by them. We still will not be considered an employee, although we provide services for them. We still will not earn PTO. We will still have to give consumers a 30 day notice to terminate are nursing services instead of 2 weeks. As we all know, agency nurses only have to provide a 2 week notice, even when the agency has nobody else to cover the case. Nurses, what are we gaining? I agree, the decision to involve the SEIU was done very hastily by some over zealous IPs. It will be a decision that will come back to haunt us all.

[Sandy]

I agree, the decision to involve the SEIU was done hastily. All this time has passed and many of us IP nurses still do not understand or know what the SEIU has planned for us, except to deduct union dues, even when we want nothing to do with them. There should be a way to stop the SEIU from taking union dues out when a nurse does not wish to be associated with them in any way, shape or form. We are called Independent Providers for a reason.