Labor Board Says Nurses Can Join Union at Sweet Brook

By Tammy DanielsiBerkshires Staff
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WILLIAMSTOWN, Mass. — Northern Berkshire Healthcare's bid to keep what it describes as supervisory staff from becoming members of a bargaining unit at Sweet Brook Care Centers was rejected last Thursday.

In a 19-page decision, Rosemary Pye, director of the National Labor Board's 1st Region, ruled that registered nurses, licensed practical nurses and lead certified nursing assistants will be eligible to vote in an upcoming union election.

"I find that the employer has failed to meet its burden of demonstrating that the nurses are Section 2(11) supervisors," she wrote.

The full decision, in PDF form here, also lays out election regulations and the possibility of two different units.

NBH Vice President of External Affairs Diane Cutillo said on Monday that the health-care system is appealing the decision to the National Labor Board in Washington.

The nursing home staff petitioned to join 1199 Service Employees Union International, which covers licensed practical nurses and other health care staff at North Adams Regional Hospital, in January. Union organizers and Sweet Brook officials were at loggerheads over whether nursing staff should be allowed to join the bargaining unit.

Last month, the sides spent nearly a week in Boston and Lowell providing testimony to the labor board. Sweet Brook staff and union organizers said NBH was wasting money on junkets and "high-priced lawyers"; health system officials said they wanted to ensure the local's establishment was done correctly.

"Management at Sweet Brook has been doing everything in their power to prevent us from voting in a union election," said Betty Higley, a lead certified nursing assistant at Sweet Brook who attended the hearings, in a statement. "They kept us away from home for almost a week. Enough is enough. Let us vote!"

Cutillo said the election will likely happen within 30 days. "We don't expect the appeal to delay the elections."

NBH, operating Sweet Brook as Northern Berkshire Community Services, argued that registered nurses, LPNs and "lead" certified nursing assistants have supervisory authority that would prevent them becoming union members. The 30 nurses and three CNAs had direct responsibility over other nursing assistants, it claimed.

Pye, however, said there was little evidence that the nurses met the criteria for having supervisory authority or responsibility for assigning, directing and disciplining CNAs, even though they are considered charge nurses. Nor, she said, were charge nurses held accountable for actions by certified nursing assistants.

"There is no evidence that a charge nurse has ever been disciplined or suffered other adverse consequences due to poor performance by a CNA or UA," Pye wrote. The same held true of the lead CNAs, she said.

In a statement sent to workers Friday afternoon, NBH CEO Richard Palmisano admitted he was not surprised by the decision, according to SEIU organizers, because "it's typical for the NLRB to decide nurses are not supervisors ... ."

That was the regional board, Cutillo pointed out. "The regional ruling said that nurses and others are not supervisors but there are two Supreme Court rulings establishing the supervisory status of nurses."

When asked about charge nurses at North Adams Regional, Cutillo said she believed their membership in the Massachusetts Nurses Association may predate the court rulings.

The overwhelming majority of eligible staff at Sweet Brook have already expressed in writing their support for forming a union election at the nursing home, according to SEIU spokesman Jeff Hall, who accused the NBH of launching an "aggressive campaign" against union advocates.

"We just really need to ensure our employees are fully informed," said Cutillo. "We are confident they are going  make the right decision for themselves and Sweet Brook."
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Companion Corner: Max at Second Chance

By Breanna SteeleiBerkshires Staff

ARLINGTON, Vt. — There is a dog at Second Chance Animal Shelter whose blindness doesn't stop him from wanting to play fetch with his new family.

iBerkshire's Companion Corner is a weekly series spotlighting an animal in our local shelters that is ready to find a home.

Max is a 3-year-old border collie has been patiently waiting at the shelter since January 2023.

Lead canine care technician Alaura Lasher introduced us to him.

"He is a mostly blind dog, so we're looking for someone who is willing to work with him and his blindness, he actually does really well, even though he can't see for the most part," she said. 

Max was given to the shelter after his previous owner was not able to care for his special needs. His new owner will have to be able to care for him and make sure his eyes are checked every six months.

"He has degenerative retinal atrophy. He had a surgery for this a year ago. Unfortunately, he didn't seem to gain much eyesight back from that, and we're just monitoring him for glaucoma. He would need someone who is ready to take him to the ophthalmologist every six months," said Lasher. "He gets checkups every six months just to make sure he hasn't developed glaucoma yet and nothing is worsening with his eyes."

It is suggested he goes to a home with older children who can understand his condition as well as no other pets, and a safe place for him to run free without worry of getting lost. Especially to play his favorite game of fetch.

"We do suggest a home with no other animals, just because with his blindness, it's a little hard for him to know how to interact with them. We also suggest a home with a fenced in yard again, because he loves to play fetch. He will play fetch for as long as you will let him, and he does amazing at it, even though he doesn't have the best eyes," Lasher said.

Max is on an eye-drop schedule that will need to be followed.

"He does require multiple eye drops a day, so someone would have to be ready and willing to kind of stick to his eye med schedule and be able to administer those daily," she said.

Max has shown signs of reactivity to strangers and animals and would do great if his next family could work with him in socializing. 

"He's a very smart dog. He's very intelligent. I think he would do really well with some basic training. Since he's very toy driven, that would definitely kind of help him in his learning and training process."

If you think Max might be the boy for you, reach out to Second Chance Animal Shelter and learn more about him on the website.

Second Chance Animal Shelter is open Tuesday through Sunday 11 a.m. to 3 p.m. and Sunday from noon to 3 p.m. It is located at 1779 VT Route 7A. Contact the shelter at 802-375-2898 or info@2ndchanceanimalcenter.org.

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