National Nurses United

National Nurse magazine January-February 2016

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NATIONAL O n feb. 29, an unprecedented National Labor Relations Board trial against mega hospital chain Community Health Systems (CHS) began in Cleveland, Ohio. This trial marks the first time that CHS will be tried as the parent company for labor violations at its hospitals under either the "single employer," or "joint employer" doctrines of the NLRB. The trial, prosecuted by the NLRB's general counsel, will hear a consolidated complaint issued by the NLRB last October against CHS and seven hospitals that it owns. The complaint is based on dozens of charges filed by National Nurses United, which represents registered nurses at six of the hospitals. The hospitals are: Affinity Medical Center, Massillon, Ohio; Bluefield Regional Medical Center, Bluefield, W.Va.; Greenbrier Valley Medical Center, Ronceverte, W.Va.; Fallbrook Hospital, Fallbrook, Calif.; Barstow Commu- nity Hospital, Barstow, Calif.; and Watsonville Community Hospital, Watsonville, Calif. As part of the trial process, the NLRB's trial judge will hold public hearings at hear- ing locations near each of the hospitals where the violations allegedly occurred. "For far too long CHS has operated as though it were above the law, so we are very pleased that this trial is finally getting underway and that the NLRB has recog- nized what nurses working at CHS-owned hospitals have known all along, that CHS is their employer and should be held account- able for the eroding conditions in the hospitals that it owns," said Deborah Burg- er, RN, and a co-president of National Nurses United. " We're also thrilled that the remedies proposed have the potential to improve patient care throughout the CHS system, which would impact people across the nation." Nurses' widespread concerns about patient safety were the driving force that galvanized RNs from the chain's hospitals in Ohio, West Virginia, and California to organize and win representation through NNU-affiliated California Nurses Associa- tion/National Nurses Organizing Commit- tee. CHS has engaged in rampant and serious unfair labor practices at all of these locations, including terminating RN leaders in a wide-scale attempt to weaken support for the union and forestall reaching initial collective bargain- ing agreements. The NLRB has upheld numerous unfair labor practice charges filed against the hospitals by NNU and three U.S. District Courts issued injunctions in response to the employer's unlawful conduct early in contract negotiations with RNs. Tennessee-based CHS is the nation's largest for-profit hospital chain, reporting $1.5 billion in profits over the last five years. The consolidated complaint requests specific remedial relief, including: a make- whole remedy, including reinstatement, for employees who were the subject of discre- tionary discharges prior to any bargaining with the employees' collective bargaining representatives; the reading and electronic transmission of a Notice to Employees; and a broad, corporate-wide cease-and-desist order given prior findings of serious unfair labor practices involving many of the facili- ties in the current matter. —Martha Wallner 4 N A T I O N A L N U R S E 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 J A N U A R Y | F E B R U A R Y 2 0 1 6 NEWS BRIEFS Major NLRB trial against Community Health Systems begins

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