No Date for Sweet Brook Union Election

By Tammy DanielsiBerkshires Staff
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WILLIAMSTOWN, Mass. — It's unlikely that the blocked union vote at Sweet Brook Care Centers will be rescheduled until the National Labor Relations Board completes its investigation into complaints against the nursing homes' management, said union officials.

"They've postponed it. I think what's significant about that is there are many different elections where there are charges but [the elections] still go forward," said 1199SEIU Executive Vice President Michael Fadel last week. "In a small number of cases, the board makes a decision not to ... that there can only be a free and untainted election, pending the resolution of those complaints."

Workers at Sweet Brook were to vote on whether to organize and join 1199 Service Employees International Union last Thursday. The union's lawyers, however, requested in a hand-delivered letter to Labor Board Regional Director Rosemary Pye last Monday that the election be halted because "[the employer] has destroyed any possibility of employees making a free choice in the election."

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The board normally expedites complaints related to blocking elections, but is unclear how fast that would happen.

At issue are allegations that parent corporatioon Northern Berkshire Healthcare and Sweet Brook management have intimidated workers and blocked efforts to disseminate union materials.


An internal e-mail from Nothern Berkshire Healthcare's Vice President of Human Resources Arthur Scott discussing how the health system responds to unfair labor complaints infuriated union officials.

Scott wrote to the executive team that he believed there was a legitimate defense to decisions made by the health care system and that "because the NLRB process is so lengthy and the potential penalties so minor, I think we should continue with our current practice."

The e-mail does not state what that practice is, but rather explains the Labor Board's decision-making process. Essentially, any ruling against the health system would carry no significant penalties. Fadel called the e-mail "pretty shocking and cavalier."

Health care system officials have stated their primary concern is making sure every employee is fully informed before casting a vote.

"We're very confident that our managers have acted legally and appropriately," said Vice President of External Affairs Dianne Cutillo last week.

SEIU filed a flurry of unfair labor complaints with the Labor Board within days of Scott's e-mail surfacing; an earlier complaint dated Feb. 27 claims the organizers were not allowed to distribute or post union materials. NBH, meanwhile, has appealed an earlier ruling by the Labor Board's Region 1 over which workers are qualified to vote.

Fadel said the vote was delayed but the organizing committee was "very active." "From our perspective, they are a union, they are working together to want to make conditins better at the home."
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Williamstown Board Signs Off on Utility Infrastructure, Conservation Restriction

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Select Board on Monday approved one request from Berkshire Gas to install equipment in the town's right-of-way and put off another request pending more information from the utility.
 
Berkshire Gas was before the board looking for an OK to install a telemetering station on Church Street near the elementary school and a regulator station on North Street (Route 7) near the Clark Art Institute's satellite parking lot.
 
A senior engineering technician from Berkshire Gas attended the meeting to speak on behalf of the former request, but no one from the utility attended to support the North Street proposal.
 
"There was supposed to be someone else to talk about the regulator station," Wes Scalise told the board.
 
Town Manager Robert Menicocci and Department of Public Works Director Craig Clough told the board that the proposed 5-foot tall structure generated some safety concerns on the part of Town Hall.
 
"As you come around what is a relatively blind corner, you have a parking lot there during peak time that has a lot of traffic going in and out," Menicocci told the board. "We wanted to get a sense of the size [of the proposed installation] and whether any work was done to analyze what sight lines are like when people are pulling out of that lot."
 
Clough told the board that when he met with Berkshire Gas on the application, he suggested that the regulator station should be installed as far from the curb as possible and, if the Clark was amenable, out of the town's right-of-way entirely if possible. 
 
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