43
NLRB investigating charges filed by Northside, nurses union
valleycare northside
YOUNGSTOWN
The vast majority of ValleyCare Northside Medical Center registered nurses are back on the job after a one-day strike and lockout this week.
But a flurry of unfair labor practice charges filed by both the hospital and nurses’ union remain unresolved.
Five or six charges filed by the Youngstown General Duty Nurses Association against the hospital are still in the pipeline, said Eric Williams, union president.
He estimated that two or three of the hospital’s charges still are outstanding.
The YDGNA represents some 485 registered nurses at Northside, who conducted a one-day strike from 7 a.m. to 7 p.m. Tuesday. As a result, the nurses were locked out of the hospital for 72 hours, the period of time ValleyCare Northside said it had committed to keeping the replacement nurses.
The nurses have been working without a contract since July 2012, and say they have not had a raise in eight years.
The replacement nurses were paid $55 per hour for straight time and $82.50 per hour for overtime, plus housing and paid travel, the union said. The YGDNA Northside nurses start at $23.94 an hour. The top wage is $29.88, the union reported.
While wages are an issue, Williams said the reason the nurses went on strike against Northside are patient care issues.
He said the hospital’s final offer does not contain specific language, as did the nurses’ former contract, that gives nurses the right, without fear of reprisal, to speak out about patient care and safety.
ValleyCare Northside officials said the union contention is in error, saying there is nothing in the final contract offer that prevents nurses from speaking up about patient care whenever they want.
While the contract differences wait to be worked out, the National Labor Relations Board is investigating unfair labor practices charges filed by both side.
According to the NLRB, complaints are handled this way: Each charge is investigated by agents who gather evidence and may take affidavits from parties and witnesses. Their findings are evaluated by the regional director, and in certain novel or significant cases, reviewed by NLRB attorneys at the Division of Advice in Washington, D.C.
Typically, a decision is made on the merits of a charge within seven to 12 weeks, although certain cases can take much longer. During this period, the majority of charges are settled by the parties, withdrawn by the charging party, or dismissed by the regional director.
Even when the NLRB investigation finds sufficient evidence to support the charge, however, every effort is made to facilitate a settlement between the parties. If no settlement is reached in a meritorious case, the agency issues a complaint.
Common allegations against employers in complaints include threats, interrogations and unlawful disciplinary actions against employees for their union activity; promises of benefits to discourage unionization; and, in the context of collective bargaining relationships, refusals to provide information, refusals to bargain, and withdrawals of recognition. Common allegations against unions include failure to represent an employee and failure to bargain in good faith.
The issuance of a complaint leads to a hearing before an NLRB administrative law judge unless there is a settlement. After issuing a complaint, the NLRB becomes a representative for the charging party throughout settlement discussions and the board process. Board attorneys help gather and prepare materials, and keep the parties apprised of case developments.
The NLRB cannot assess penalties. The agency may seek make-whole remedies, such as reinstatement and back pay for discharged workers, and informational remedies, such as the posting of a notice by the employer promising to not violate the law.
A decision to dismiss a charge may be appealed to the Office of Appeals in Washington, D.C. within two weeks of the dismissal.