Labor Board Finds Against NBH in Sweet Brook Case
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The entire ruling is available below or here.
The findings by Adminstrative Law Judge Paul Buxbaum are included in 50-page document dated March 10, 2010, that detailed the health-care systems campaign against attempts by employees at Sweet Brook Care Centers to join 1199SEIU over 2008 and 2009.
"For the reasons described in detail in this decision, I find that the Employer did engage in certain conduct that interfered with, restrained, and coerced its employees in their exercise of the rights guaranteed in Section 7 of the Act," writes Buxbaum.
"I further find that the Employer did discriminate against [Elise] Martin by refusing to permit her to withdraw her resignation based on her union sympathies and activities."
NBH officials declined to discuss the matter, releasing a brief statement:
"Northern Berkshire Healthcare is disappointed in the rulings against NBH, but gratified that the judge dismissed a number of allegations by 1199SEIU, finding that they were without merit. In any case, NBH will abide by the decision. As always, NBH will continue to review all procedures to ensure strict compliance with the law.
"It is important to be clear that the National Labor Relations Act does not provide for fines, and that no fines were levied, as implied by the SEIU."
The health-care system and SEIU have been at odds over organizing at the 184-bed nursing home, filing claims and counterclaims. While several allegations against NBH have been dismissed, rulings have been favoring employees and SEIU.
Because of management's actions last year, a vote on organizing was halted at the request of the workers and union organizers. A decision on whether to go forward with that vote won't be made until after June.
Buxbaum found NBH had improperly surveilled, coerced and interfered with unionizing activities at Sweet Brook. He also found that Elise Martin, a certified nursing assistant, had been unlawfully dismissed on April 6, 2009.
Martin, who had been active in organizing activities, had tendered her resignation to join a private-care startup. After speaking with an immediate supervisor who asked her stay and finding she was pregnant, she requested to rescind her resignation.
Martin and a witness stated she was told she would not be hired back. Health-care officials claimed that no decision had been made when Martin walked off the job, a version that Buxbaum described as "entirely fictional" based on e-mails between managers before they met with Martin. (Page 17)
Martin is expected to return to her duties. The health-care system has been ordered to post its violations and a re-affirmation of employees' rights for 60 days "in conspicuous places including all places where notices to employees are customarily posted." (Appendix at the end.)
The health system's deadline to appeal the ruling has reportedly passed.
"This ruling is vindicating for workers across Northern Berkshire Healthcare and the community which has supported us throughout this struggle," said Michael O'Brien, 1199SEIU chapter chairman at North Adams Regional Hospital, which like Sweet Brook is owned and operated by NBH. "We hope NBH executives will take heed of this ruling and stop wasting patient care money on illegal activities."
Case 1-CA-45210 NLRB findings Northern Berkshire Healthcare
