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 Hears Concerns About 'Hometown Heroes' Banners

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — Kurt Durocher told the Williamstown Select Board that he had received nothing but positive feedback from the North County communities where he proposed participation in the Hometown Heroes banner program.
 
Then Williamstown residents started to weigh in.
 
Durocher was before the board Monday evening to seek its blessing to put banners recognizing living and deceased military veterans on utility poles in Williamstown, an initiative that has been embraced in all but one of the other municipalities in the district where he serves as Veterans' Service Officer.
 
"The only negative I've had right now, and it's not really negative, [the Town of ] Florida doesn't want banners to go on Route 2, the Mohawk Trail, for safety reasons, understandably," Durocher said. "So we're trying to figure out an alternate way to make that work in Florida."
 
By and large, though, the reception to the program has been encouraging, Durocher said.
 
"I'll use Adams as an example," he said. "They've had a program for many, many years, but it's only for [military personnel] killed in action. Now that I've been allowed to take over that program … there's been a huge outpouring of support, because now we get living veterans on the poles as well.
 
"The only negative I've had is certain people want their banners in certain locations. So what we did in North Adams is we just did a random draw. I can't please everybody. I've got people who want a banner in a certain location, but three other people want that same location.It was a straight random draw for them."
 
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