Northside Files Unfair Labor Charges, Threatens Firings
YOUNGSTOWN, Ohio -- Northside Medical Center is filing unfair labor practice charges with the National Labor Relations Board that challenges the validity of the Ohio Nurses Association’s 10-day notices of its intention to commence a strike (READ STORY) at Northside Medical Center. And should the nurses proceed with their one-day strike, scheduled for Tuesday, they "could lose their employment status," the hospital warns.
The hospital contends the O.N.A. violated Section 8(g) of the National Labor Relations Act by serving three separate, conflicting and confusing notifications to the hospital. In a press release, ValleyCare cited three examples:
- On Sept. 12, 2013, the notice specified that a strike and picketing would commence at 8 a.m. on Oct. 24, 2013.
- On the same day, Sept. 12th, an “amended” notice specified that a strike and picketing would commence at 8 a.m. tomorrow, Sept. 24, 2013.
- On the same day, yet again, Sept. 12t a “2nd Amended” notice specified that the union would commence a strike and picketing at 7 a.m. tomorrow, Sept. 24, 2013.
Section 8(g) requires that both the union and the hospital agree in writing to any modifications of the notice that would extend the strike, according to ValleyCare of Ohio, parent of Northside. "The hospital has not agreed to any of the union’s notices. If the O.N.A. moves forward with its strike and/or picketing tomorrow, the hospital would view such activities as unlawful," the company said.
“Very unfortunately, by federal law, nurses who participate in an unlawful strike in violation of the strict 10 day notice requirements of Section 8(g) could lose their employment status, until re-employed, pursuant to the National Labor Relations Act,” said Robert Sincich, interim vice president of human resources and director of labor relations. “It is irresponsible and regrettable that the O.N.A. would subject our nurses to potentially unlawful activity that could conceivably have had an impact on their employment status if the O.N.A.’s notices are deemed by the N.L.R.B. to be defective.”
The hospital reiterated ithat it is "fully prepared to continue all services and to maintain its commitment to high-quality care for patients. The hospital will remain open with all emergency services, inpatient units, and outpatient departments staffed and available for patient care. All surgeries and diagnostic procedures will continue as scheduled."
Through a professional staffing agency, the release continued, "The hospital has secured qualified, temporary replacement nurses who are credentialed, licensed to work in Ohio, and highly experienced in the hospital departments where they would be assigned, in the event such assignments become necessary. The nurses will also participate in a formal hospital orientation program prior to being assigned nursing duties. The temporary nurses would work with employees who are not represented by the O.N.A. and registered nurses who choose to cross the picket line. The hospital’s medical staff will continue to treat patients in the hospital as well as in their offices."
ValleyCare said the potential strike "will not alter the hospital’s position at the bargaining table. Northside has offered the O.N.A. a contract with wage increases, comprehensive benefits and flexible model staffing terms mirroring those overwhelmingly ratified by the five other ValleyCare bargaining units, including another nursing unit represented by the O.N.A.
"Northside Medical Center has a strong reputation for safe quality patient care and nurses are trusted partners in this process. Nothing in the hospital’s offer diminishes the ability of nurses to provide input, raise concerns and participate in decisions that advance quality care for their patients. Nurses currently participate in the staffing and quality committees that the hospital maintains and they would continue to participate in those committees under the final contract offer made by the hospital."
SOURCE: ValleyCare of Ohio.
Published by The Business Journal, Youngstown, Ohio.
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