National Nurses United

National Nurse magazine January-February-March 2019

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CALIFORNIA N urses working for St. Louise Regional Hospital in Gilroy and O'Connor Hospital in San Jose staged a one-day strike March 12 over their most fundamental labor rights. After Verity Health Systems, the former owner of the facilities, announced in fall 2018 the bankruptcy and sale of the hospi- tals to Santa Clara County, the county has refused to bargain with the California Nurs- es Association (CNA), the nurses' longtime and democratically elected union represent- ing the more than 700 nurses, over a number of unresolved patient care issues and unfair labor practices. The county assumed ownership of the facilities March 1. Nurses sought commitments by the coun- ty that essential health care services would be maintained as full acute-care hospitals, and that the county would maintain working conditions and wages to retain experienced RNs for the community. Similar assurances were won in 2015 by former California Attor- ney General Kamala Harris when ownership of the facilities transferred from the Daugh- ters of Charity Health System to Verity. Instead of negotiating with CNA over these concerns, the county responded by engaging in unfair labor practices, repeatedly harassing and threatening RNs for joining in union activities to advocate for their patients and themselves. These actions ranged from banning nurses and organizers from the hospital premises to telling nurses they could be fired for striking. The county clearly understands and would rather avoid CNA nurses' union power and long track record of vigorous patient advocacy. CNA had already filed a number of charges against the county with the California Public Employment Rela- tions Board (PERB) over the county's actions. "We have an obligation to speak out for our patients and to fight for the best patient care possible," said Nancy Kumar, an emer- gency room RN at O'Connor Hospital. "The nurses at O'Connor and at St. Louise demo- cratically elected CNA because it is a strong union with a track record of improving patient care. We have a legal right to respond to the county's unfair labor practices with a strike, and we are outraged the county has stooped to these union-busting tactics. On March 8, just days before the strike, CNA filed new charges with PERB, alleging Santa Clara County violated state labor law when it illegally threatened hundreds of nurses with termination in a memo from County Executive Jeff Smith. These new charges came just days after the PERB's general counsel issued a complaint against Santa Clara County on the grounds the county failed to recognize and bargain through CNA. The nurses' concerns over Santa Clara County's lack of formal commitments to maintain services and employment standards are well founded. The county had already rescinded offers of employment made to at least six emergency room nurses at O'Connor, cutting thousands of hours of patient care and increasing wait times. "O'Connor and Valley Medical Center, also operated by the county, are not far apart," said Sharon Erlich, an emergency department RN and chief nurse representa- tive at O'Connor. "What is in place to prevent the county from closing one of the two emergency departments? It's these kinds of questions that really concern us, because doing this sale as quickly as possible is not more important than acting within the law and making sure that the county is held to the high operational standard that patients deserve." Additionally, nurses say that other facili- ties operated by the county experience high RN turnover due to wages and staffing levels not on par with levels at St. Louise and O'Connor under operation by Verity. RNs say they are standing up to ensure retention of experienced nurses, rather than the sale causing nurses to leave for jobs elsewhere. "Without guaranteeing protection of working conditions, salaries, and job duties for St. Louise and O'Connor nurses, the county risks the loss of longtime, experi- enced nurses who understand best how to care for patients in their communities," said Christine Dixon, a recovery room RN at St. Louise. "We don't want to see that happen." —Staff report J A N U A R Y | F E B R U A R Y | M A R C H 2 0 1 9 W W W . N A T I O N A L N U R S E S U N I T E D . O R G N A T I O N A L N U R S E 5 St. Louise and O'Connor RNs strike for fundamental labor rights Failure by new county owner to recognize union jeopardizes patient care, contract standards

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