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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AG Clears Williamstown Select Board in Open Meeting Complaint

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Attorney General's Office on Wednesday cleared the Select Board in an Open Meeting Law complaint filed by iBerkshires.com while simultaneously confirming the supposition at the heart of the complaint.
 
The AGO found that the board did technically violate the OML when it moved to executive session on May 11, a misstep the board previously acknowledged in its response to the complaint.
 
The meeting in question was held behind closed doors to discuss the town's response to a proposal from Williams College to acquire the former town garage site at 59 Water St.
 
At the time of the May 11 meeting, the board had held no public discussion, let alone a vote, on whether to enter into negotiations with Williams, the lone respondent to a request for proposals issued by the town for the 1.27-acre parcel.
 
The board cited an exception to the Open Meeting Law that states executive sessions are appropriate if, "holding the discussion in open session may have a detrimental effect on the Board's negotiating position."
 
iBerkshires.com maintained in its complaint that the executive session was premature given the fact that the board on May 11 had no one to negotiate with as it had not agreed — publicly — to negotiate with the college.
 
The news organization cited the fact that the town's RFP clearly indicated a multi-step process in which the board first would decide whether to engage with any of the respondents (assuming multiple bids were made) and then enter into negotiation with one of the respondents.
 
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