OHA - The Ohio Hospital Association

Ohio Health Care Employment and Labor
News Archive

December 19, 2006
Study examines serial murder by health care professionals
A study published today in the
Journal of Forensic Sciences evaluates cases of serial murder by health care professionals. In a LexisNexis search, the study’s authors found 90 criminal prosecutions worldwide of health care professionals formally charged with murdering patients in their care between 1970 and 2006, with 54 convicted and 24 indicted. Patient deaths resulting in murder convictions were 317, and suspicious patient deaths ascribed to caregivers were 2,113. Injection was the main method used, but also suffocation, poisoning and tampering with equipment. Nursing personnel were responsible for 86% of the cases.

November 30, 2006
Unions hope bill energizes organizing
With new Democratic control of Congress, legislation to boost the minimum wage and require employers to permit union card checks is predicted to be introduced fairly quickly.

November 20, 2006
National Nurses Organizing Committee Letter
This informative letter was posted to the Ohio Board of Nursing's website in preparation for their Nov. 17-18 Board meeting and in regard to NNOC's recent mailing in Ohio registered nurses. The Board received 2 unsolicited letters from nurses supporting the notion that the Board need not pursue further regulation for nurses to be patient advocates.

November 14, 2006

Labor finally wins the big races
The AFL-CIO sees Sherrod Brown's election as proof that its tactics and message are working.

Monday, November 13, 2006
WASHINGTON — Organized labor is positively giddy about the results of Tuesday's elections and points to efforts in Ohio as a prime example of the effectiveness of its get-out-the-vote efforts and financial contributions, which helped elect Democratic U.S. Rep. Sherrod Brown as U.S. senator.
http://www.daytondailynews.com/n/content/oh/story/news/local/2006/11/13/ddn111306labor.html

November 20, 2006
National Nurses Organizing Committee Letter
This informative letter was posted to the Ohio Board of Nursing's website in preparation for their Nov. 17-18 Board meeting and in regard to NNOC's recent mailing in Ohio registered nurses. The Board received 2 unsolicited letters from nurses supporting the notion that the Board need not pursue further regulation for nurses to be patient advocates.

November 14, 2006

Labor finally wins the big races
The AFL-CIO sees Sherrod Brown's election as proof that its tactics and message are working.

Monday, November 13, 2006
WASHINGTON — Organized labor is positively giddy about the results of Tuesday's elections and points to efforts in Ohio as a prime example of the effectiveness of its get-out-the-vote efforts and financial contributions, which helped elect Democratic U.S. Rep. Sherrod Brown as U.S. senator.
http://www.daytondailynews.com/n/content/oh/story/news/local/2006/11/13/ddn111306labor.html

November 2, 2006
Unions may try to leverage NLRB decisions to organize

October 31, 2006
Kentucky River
Trilogy: Recent NLRB Decisions Clarify the Definition of the Term “Supervisor” Under the NLRA

Recently, the National Labor Relations Board issued three highly anticipated opinions following the Supreme Court’s decision in NLRB v. Kentucky River Community Care, Inc., involving the definition of the term “supervisor” under the National Labor Relations Act. The Board’s decisions, which have been referred to as “the Kentucky River decisions,” were issued in three companion cases involving representation or election petitions filed by various labor unions. These decisions provide certain guidance in interpreting the term “supervisor” as defined in Section 2(11) of the Act, particularly in the context of two United States Supreme Court cases that have criticized the Board’s previous positions in this area.

View full text in PDF format
View full text on the Jones Day Web site

October 27,2006

Forum Health nurses to vote on pact today changes
Warren Tribune Chronicle

WARREN Registered nurses at Forum Health Trumbull Memorial Hospital are scheduled to vote today on contract modifications, the union president said Thursday.

www.tribune-chronicle.com/News/articles.asp?articleID=10470

 

October 24, 2006
Many Ohio RNs recently received a mailing about joining the California Nurses Association (CNA) and documenting "the conditions that exist in your hospitals." The mailing attacked the American Nurses Association and focused very little on patient care. OHA staff spoke with several nurses who were not supportive of the mailing and the association is developing talking points for hospitals.
CNA mailing

CNA brochure
Talking Points

September 20, 2006
Ohio Board of Nursing receives letters from NNOC

The National Nurses Organizing Committee (NNOC), the organizing arm of the California Nurses Association, is continuing its attack on the Ohio Board of Nursing through a small letter-writing campaign asking the board to adopt an administrative rule. The proposal relates to the role of registered nurses as having “independent professional responsibility and therefore the right to act as patient advocates." This action a presentation NNOC gave at its May meeting when NNOC made a similar request. The board included 10 NNOC letters with its packet for its upcoming September meeting, of which only five were signed.

September 11, 2006
SEIU Releases Latest Report
SEIU District 1199 releases "Freedom & Fairness for Hospital Employees"

July 26, 2006
Jury Award Stings Union
UNITE Here hit with $17.2 million decision in Sutter defamation suit.
A Placer Superior Court jury has awarded the Sutter Health hospital chain $17.2 million in compensatory damages in a defamation suit against a labor union that accused the hospital of using soiled linens in its maternity wards.

July 18, 2006

Labor Board Ruling Could Deny Unionization Rights for Many Nurses
The National Labor Relations Board (NLRB) this summer is expected to announce plans to reclassify all nurses who direct other employees as supervisors, a move that would deny thousands of charge nurses the right to join unions, the San Francisco Chronicle reports.

Hospital Officials, Nursing Advocates Consider Effect of Nurse-to-Patient Ratios
Health officials and lawmakers nationwide are debating how mandatory nurse-to-patient ratios in hospitals would affect care quality and nurses' work environments as a number of states consider such legislation, the Pittsburgh Post-Gazette reports.


July 18, 2006

Union Concessions Critical at Forum, CEO Says
Dayton Business Journal
Thursday July 13, 2006
YOUNGSTOWN, Ohio -- Despite the recent progress in returning Forum Health to profitability, its chief executive insists employee contract concessions are still crucial.

http://www.business-journal.com/UnionConcessionsCriticalForum.asp

 

July 18, 2006

NLRB sides with hospital over ban on union buttons
The National Labor Relations Board on June 30 reversed an administrative law judge’s findings and dismissed a complaint alleging Sacred Heart Medical Center in Spokane, WA, violated the National Labor Relations Act by prohibiting employees from wearing a union button stating “RNs demand safe staffing” in areas of the hospital where they might encounter patients or their families. Contrary to the judge, they found that “special circumstances” justified the restriction, namely that the message would inherently disturb patients and that the nurses’ direct supervisors expressed concern over the impact the button may have on patients.

July 3, 2006
Labor Unions’ Next Target: Wage and Hour Practices
With labor unions delving into hospital wage and hour practices in Ohio and nationwide, OHA encourages hospitals to review their processes and ensure they are in compliance with wage and hour regulations. OHA created a white paper with an explanation of the basics of federal and Ohio compensation law, wage and hour problems common in the health care industry and a checklist for use as a preliminary wage and hour self-audit. Vulnerabilities in the health care industry include: establishing the “regular rate” of pay, correctly applying the “eight and eighty” system, determining hours worked and determining exemption for nurses.
View OHA White Paper: Wage and Hour Review
View Cincinnati Enquirer article: Hospital workers sue for back pay

June 20, 2006
Modern Healthcare

Nurses sue hospitals, allege antitrust violations
Class-action lawsuits have been filed against hospitals in Chicago, Memphis, Tenn., Albany, N.Y., and San Antonio alleging that the hospitals conspired to depress nurses' wages. The lawsuits claim that the hospitals deliberately and systematically exchanged nonpublic information about the wages each was paying its nurses through phone calls and written surveys. The lawsuits were filed after counsel for the plaintiffs reviewed an investigation by the Service Employees International Union and determined that these types of activities constituted a violation of federal antitrust laws. To see the class-action complaints, visit www.cmht.com/cases_nursewages.php.

June 15, 2006
Lawsuit filed against HHS for inadequate nurse staffing in hospitals

The American Nurses Association (ANA), the New York State Nurses Association (NYSNA) and the Washington State Nurses Association (WSNA) filed a lawsuit in U.S. District Court against the Department of Health and Human Services (HHS) today to remedy violations of law that require minimum standards for participation in the federal Medicare program. Specifically, the groups claim that HHS allows hospitals that fail to meet federal nurse staffing requirements to participate in Medicare, thereby endangering patients.

June 1, 2006

Illinois groups respond to report on tax-exempt hospitals
T
he Illinois Hospital Association and Metropolitan Chicago Healthcare Council today criticized the motives and methodology of a new report by the Center for Tax and Budget Accountability that attempts to estimate the tax-exempt value of 21 hospitals and health systems in Cook County, IL, and compare those estimates with the cost of the charity care they provide. “This is a politically motivated report bought and paid for by SEIU, which is engaged in a campaign to discredit hospitals as it tries to organize hospital workers,” said IHA President Ken Robbins. Even with its flaws, the report “clearly shows hospitals provide benefits to the communities they serve that far exceed the value of their tax exemptions,” the groups note. According to the report, the aggregate value of the hospitals’ community benefits amount to $1.59 billion, or more than five times the value of their tax exemptions.

May 5, 2006
ANA Asks Court to Accept AMICUS Brief in Support of WSNA

The American Nurses Association (ANA), in an article on their website, indicated a request to the United States Court of Appeals, Ninth Circuit, to accept its amicus brief  in support of the Washington State Nurses Association in its dispute with an area hospital over a requirement that all employees receive a mandatory influenza vaccination or be fired. The brief took the position that the hospital’s unilateral implementation of that requirement is a violation of the nurses’ collective bargaining agreement.
http://nursingworld.org/pressrel/2006/PRWSNA050306.htm

April 24, 2006
New Haven Hospital, Service Employees International Union Reach Agreement

Modern Healthcare

NEW HAVEN, Conn. -- New Haven officials, Yale-New Haven Hospital and the Service Employees International Union last month reached an agreement that clears the way for construction of a new cancer center. The agreement governs the leasing and eventual transfer of property needed for the site; outlines community benefits and a voluntary payment by the hospital to the city; and also includes an agreement between the hospital and Local 1199 for a secret-ballot election supervised by the National Labor Relations Board. Other agreement highlights include a $1.2 million commitment by the hospital for investment in housing and economic development in adjacent neighborhoods for a four-year period beginning October 2007. Dissention between the hospital and union had stalled development of the $430 million cancer center, touted as the largest healthcare project in state history.

March 24, 2006
Nurse-Ratio Fight Goes National
The recent implementation of California's nurse-to-patient ratio law is prompting nursing advocates to support similar mandatory staffing legislation in other states, an article in Modern Healthcare reports. Since the implementation of the California nurse ratio law last year, members of the California Nurses Association (CNA) and the National Nurses Organizing Committee, the CNA's national organizing arm, have been working with Illinois nursing leaders to pass staffing regulations as part of the association's "first push to spread California's ratio standards east." Similar legislation has also been introduced in Massachusetts, Connecticut, New York and Kansas.

March 9, 2006
SEIU launches nurse union, calls for higher wages to address nurse shortage

The Service Employees International Union recently launched a new nurses union that will advocate for federal and state staffing legislation, higher wages and changes in working conditions to alleviate the nation’s growing shortage of nurses. The new SEIU Nurse Alliance brings 84,000 SEIU nurses in 23 states into a separate organization with a dedicated staff and annual budget this year of $6 million, officials said during a teleconference with reporters. The union announced a “Value Care, Value Nurses” initiative in 12 states that will seek to partner with hospital executives, non-unionized nurses and others on solutions to the nursing crisis. It also released an SEIU-funded report by the Institute for Women’s Policy Research.

Feb. 22, 2006

Eight unions to team up on nurse organizing efforts
In a push to increase healthcare organizing, eight unions in the AFL-CIO will pool organizing funds and coordinate campaigns to recruit registered nurses. The unions previously focused on joint lobbying but not on joint organizing efforts, said Ann Twomey, president of one of the unions, the Health Professionals and Allied Employees/American Federation of Teachers. The shift will particularly boost the organizing and bargaining strength of unions with few nurses among their rank-and-file, Twomey said. "It seemed to be the right and logical choice, especially with all the challenges facing not only labor, but healthcare," she said. Facing sharp criticism over declining membership, the AFL-CIO at its July convention vowed to boost spending for small AFL-CIO unions that agree to pool resources to target an industry. The nurse union alliance represents a combined 200,000 RNs. Source: Modern Healthcare's Daily Dose

Feb. 18, 2006
St. Vincent, UAW win cooperation award

Toledo Blade
Officials of St. Vincent Mercy Medical Center made no secret of their opposition to unionization in 2000.||But yesterday an executive shared a podium with officials of three UAW units that were eventually installed there and praised the relationship that has developed between the hospital and the union.
www.toledoblade.com/apps/pbcs.dll/article?AID=/20060218/BUSINESS03/602180382/-1/BUSINESS

Feb. 1, 2006
Hospital Forced to Fire Nurses Who Refused Union
The United States Court of Appeals for the Eighth Circuit recently upheld a lower court decision ordering St. John’s Mercy Medical Center in St. Louis to discharge 14 nurses who refused to pay dues or provide other financial support to the United Food and Commercial Workers Union (UFCW), pursuant to a union security clause that was entered into between the union and the hospital.  The Medical Center made an unsuccessful argument to the Court that requiring the Medical Center to discharge this number of nurses was inconsistent with public policy and particularly burdensome given the nurse shortage in the area.  The decision, however, certainly does follow long established precedent on this point and underscores the potential ramifications of an employer and union entering into a union security clause.  (St. John’s Mercy Health Sys. v. NLRB, 8th Cir. No. 05-2301)

Jan. 30, 2006
UAN and SEIU Announce Collaboration

An interesting announcement recently occurred from the United American Nurses (a division of the American Nurses Association) and the Service Employees International Union (SEIU).  These two unions have indicated, in a series of media releases, that they have plans to form a working relationship on various mutually advantageous topics, including collaborative efforts to organize health care workers.  This is a particularly interesting development given the fact that the United American Nurses (UAN) remains part of the AFL-CIO and that the SEIU was one of the prime movers in leading various unions to defect from the Federation.  Indeed, as you are well aware, Andy Stern, the President of the SEIU, has been particularly critical of the AFL-CIO and was one of the first to announce that his union would leave the Federation.  Perhaps contributing to this interesting event is the fact that the California Nurses Association (CNA) and its affiliate, the National Nurse Organizing Committee (NNOC), have indicated a desire to join the AFL-CIO.  The UAN, in turn, has indicated that it has reservations about the CNA becoming part of the Federation, particularly if the CNA would replace the UAN as the primary union to organize registered nurses within the AFL-CIO.

It will also be particularly interesting to see if the SEIU formally merges with any UAN state affiliates or takes over any UAN local bargaining units, particularly in states where the UAN affiliate is not very strong, either in number of members or in financial resources.  These developments also appear to be an effort to stop the CNA from further raiding of UAN affiliates such as occurred last year when the CNA affiliate, the NNOC, displaced the Illinois Nurses Association as the bargaining representative of Cook County, Illinois unionized nurses.  Stay tuned to see what develops next in this evolving story.

January 2006
U.S. Unions Act Globally, Benefit Locally
By creating international agreements with European multinationals, groups are gaining entry into American businesses that previously had fended off organizing efforts.
http://www.workforce.com/section/09/feature/24/26/53/index.html

Jan. 31, 2006
Corporate Campaigns Could Deal Death Blows to Hospitals

After more than 30 years of union activity in health care organizations, changing labor union tactics now threaten the viability of Ohio’s hospitals, eating up vital time, resources and finances. Responding to declining membership, organized labor embraced a new strategy for exerting pressure on employers: the corporate campaign. The corporate campaign represents a completely different strategy from traditional union efforts to build membership by focusing recruitment efforts directly on workers. Instead of targeting workers, the labor union aggressively attacks the reputation of a target employer, undermining public confidence and key stakeholder relationships until management decides it must yield to the union’s demands or risk the company’s financial well-being. Ultimately, the goal of the corporate campaign is to pressure an employer into agreeing to a “neutrality agreement,” requiring them to remain silent or neutral while the union organizes employees.
Read more

Jan. 31, 2006
OHA Staffing Program Celebrates First Anniversary

OHA Solutions Staffing Program this week celebrates its one-year anniversary. Since filling its initial order one year ago today, the program has helped hospitals fill nearly 9,000 per diem shifts and long-term/travel vacancies in both the nursing and allied health care departments. Seventy-five Ohio hospitals currently take advantage of OHA Solutions’ services, which draw from over 80 staffing companies. Read more

Health benefits contract ratified by 2 UT unions
Toledo Blade
Friday January 27, 2006

Members of two unions at the University of Toledo who previously threatened to strike this week overwhelmingly ratified a two-year health contract with the administration yesterday.
Read more

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