Labor Board Rejects Appeal by Northern Berkshire Healthcare

By Tammy DanielsiBerkshires Staff
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WILLIAMSTOWN, Mass. — Northern Berkshire Healthcare's appeal on criteria for potential union members was summarily rejected last week.

The health system had argued to the National Labor Relation Board's Region 1 that nurses and certain certified nursing assistants at Sweet Brook Care Centers had supervisory duties and thus should not be eligible to vote on a proposed bargaining unit.

In a 19-page decision, the regional board reviewed and rejected Northern Berkshire Healthcare's position. NBH then appealed to the labor board's executive office.

At issue was whether registered and licensed practical nurses at the nursing facility had authority over nursing assistants and other staff. NBH officials said they did, which would prevent them from voting on whether to organize a local bargaining unit of 1199 Service Employees International Union.

But in a one-sentence response last Thursday, Chairwoman Wilma B. Liebman and member Peter C. Schaumber declined to even review the appeal.

"Employer's request for review of the regional director's decision and direction of election is denied as it raises no substantial issues warranting review."

"We are disappointed that the NLRB did not agree with us, because previous court decisions support our position," wrote Dianne Cutillo, vice president of external affairs at Northern Berkshire Healthcare in an e-mail Friday. "In the Health Care & Retirement Corp. and Kentucky River cases, the U.S. Supreme Court established the supervisory status of nurses under whose direction CNAs perform their work."

Officials had cited the court cases in their reasoning before the regional board.


Reached Monday, 1199SEIU spokesman Jeff Hall said the national board had echoed what the regional board had determined.

"From the outset, this attempt by NBH executives to deny indefinitely workers their right to vote has been incredibly misguided and has been an epic waste of patient care funding," he said. 

SEIU and workers at Sweet Brook have complained the health care system is wasting time and money and using intimidation tactics to obstruct a unionizing vote. Health care officials say they are only trying to ensure all workers have a clear understanding of what a vote will mean.

SEIU, which also covers employees including LPNs at North Adams Regional Hospital, filed a number of complaints last month over NBH's actions and requested the postponement of the March 26 union vote. Hall said the election would not move forward until the National Labor Relations Board resolved the complaints.

The National Labor Relations Board would set and oversee the election.
 
Cutillo wrote Friday that Northern Berkshire Healthcare had not yet been contacted about the complaints.

"We continue to support a free, fair, and secret ballot election," she wrote. "We look forward to completing the election process when set by the NLRB."
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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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