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The nurses at BMC have issued a 30-day notice to end a provision in the current contract preventing a strike.

BMC Nurses Take Second Step Toward Strike

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — The nurses at Berkshire Medical Center have taken the second step toward a strike.
 
The Massachusetts Nursing Association filed a notification to end the existing agreement. The contract currently in place prohibits a strike and while the contract had an expiration date of September 2016, the duration clauses continued it unless a 30-day notice from either side was made or a new agreement was signed. 
 
"While we are disappointed that the union has moved one step closer to a strike, we look forward to meeting again with the union on Aug. 7, with hopes of reaching an agreement," Berkshire Health Systems Vice President of Human Resources Arthur Milano said. 
 
"BMC has offered a fair and generous package, which includes 10 percent salary increases over three years, the best health benefit program in the region, and a staffing plan that more formally engages the union nurses in decision-making."
 
Last Wednesday, the local nurses voted to give the bargaining committee the authority to call a strike. That would require giving the hospital a 10-day notice. Now with the notice to end the existing contract, a strike can be called as early as Sept. 1. 
 
"In order for the nurses in Pittsfield to call and go out on strike, they have to give this 30-day notice," MNA spokesman Joe Markman said, calling it a "procedural issue."
 
"But there is still no strike date set."
 
The two sides returned to the bargaining table on Tuesday for the first time since the strike authorization vote. Then, hospital officials had asked the question about the 30-day notice to clear up any confusion on the timing. Toward the end of the bargaining session, the MNA filed the notification. The 30-day notice is somewhat of a unique piece added into the prior contract.
 
Should one be called, hospital officials have plans in place to bring in replacement nurses. The union is authorized to call a one-day strike, but hospital officials say there'd be four additional days of work stoppage for the union nurses. The replacement nurses would have a minimum five-day commitment.
 
"We are happy we are still at the bargaining table and talking and we hope to come to an agreement. And they are moving in the direction of a strike," Milano said. 
 
The hospital had already given what it called its "best and final offer," which the union rejected by an overwhelming vote. Milano says it is still a "fair deal" and remains on the table. The union, however, is pushing for changes regarding staffing.
 
"Our key issues remain: Safe nurse staffing that protects patient care and affordable, quality health insurance. We have made numerous proposals for nearly a year to try and reach an agreement," read a statement issued by the MNA's local bargaining committee on Tuesday.
 
"Last month, we heard specific concerns from management about why they are reluctant to agree to safe staffing language in our contract. In response, we made significant revisions to our proposals. For example, we have proposed that BMC not worsen nurse staffing and that charge nurses should have no or limited patient assignments (depending on time of day). Charge nurses should be able to manage the flow of patients in their units, be on hand to assist less experienced nurses with more complex cases and pick up patient assignments when nurses are overburdened.  We also made a proposal that in the future management would post and recruit to fill such positions that are necessary for the hospital to meet its contractual and regulatory obligations relating to RNs."
 
Milano said much of what the union is asking are things that are "very difficult to next to impossible" to do from an administrative standpoint. Hospital officials maintain that the staffing push is part of a statewide agenda and not in response to local conditions.
 
"We know by their own admission that they have a statewide initiative on the ballot in 2018 for minimum staffing," Milano said. "They want this language and ratios in any contract they can get."
 
BMC could be the third hospital in the state to go out on strike - following Baystate Franklin Medical Center and Tufts Medical Center.
 
Berkshire Medical Center officials voiced concern that the union could be looking to launch simultaneous one-day strikes at all three hospitals, exhausting the supply of replacement nurses.
 
Hospital officials repeatedly said that the MNA's push to set staffing levels ties the hands of the administration when it comes to hiring and staffing the building. The union, however, says the staffing levels are needed because previously there were too many occasions when the administration hadn't been staffing the units appropriately.
 
But the two sides are still talking. They returned to the bargaining table after the nurses voted to reject the hospital's offer and they returned again just a few days after the strike authorization vote.
 
"'We're still willing to talk," Milano said.
 
On Aug. 7, the two sides return again. Hospital officials are hoping the union will circle back and reconsider the offer on the table and the union has put forth options that it hopes the hospital will consider. The negotiations have been helped along by a federal mediator.
 
"I think the nurses are going in hopeful on Monday," Markman said. 

Tags: BMC,   MNA,   nurses,   strike,   union negotiations,   

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Lanesborough Select Board Tables JMJ Negotiations

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — Tensions swirled at Monday's Select Board meeting in light of conversations to dissolve the Baker Hill Road District.

The meeting started with public comment, including from Tim Grogan, development consultant for JMJ RE Holdings, who emphasized that without a dissolution of the road district, the potential sale and redevelopment with the mall would fall through. 

He said the town expects about $760,000 in fiscal 2027 from the road district plus normal taxation. With redevelopment and no district, total income is projected to be around $1.1 million by 2029, he said, implying about a $300,000 annual surplus versus the status quo. He said he provided those calculations to the board.

Keeping the road district alive is not a compromise, Grogan said, referring to a proposal floated by the board last week to facilitate the mall's sale and work with the road district to reduce its tax assessment.

"This mentality by previous select boards and the Baker Hill Road District is what led the property to its current condition," he said. "Further, the Baker Hill Road District has every motive to make this compromise work, as their alternative is dissolution and non-existence. This practice is inherently in bad shape, and JMJ will not entertain any circumstance where the Baker Hill Road District continues to exist. 

"JMJ is inclined and trying to be treated like any other business in the town, and taxes such just like every other major shopping center in the state, keeping the Baker Hill Road District in place will continue to discourage redevelopment, and in this moment will break the delicate balance that has been negotiated between JMJ, Lanesborough, and [buyer Cypress Equities] to the point where the project is no longer feasible, and the only choice is litigation." 

Lyndon Moors, chair of the Finance Committee and recent appointee to the district's Prudential Committee, spoke personally in favor of keeping the district. He said it currently provides more than $500,000 per year to the town, which helps fund two police officers, fire and police vehicles, and over $100,000 per year for the Department of Public Works. He said losing that revenue could significantly impact town services and future budgets, especially as free cash may be lower going into FY28. 

He suggests downsizing the district's budget to reduce the tax burden on the mall and Target, which owns its building separately, while still maintaining revenue for the town. The board should let the litigation play out and not be too hasty in making decisions, he said.

"I think it is unlikely that we will see $1.1 million from the mall property without Baker Hill Road District in FY29. That's what I just heard. We are in FY27 right now. I think that's very unlikely two fiscal years from now, that we are enjoying the tax benefits to the tune of $1.1 million. So I would encourage the Select Board to put on the brakes a little bit, continue to be thoughtful, responsive, deliberative, and let's continue to do what's best for the town," Moors said.

Moors mentioned a Facebook post posted by Blake Mensing, one of the owners of JMJ, on the town group with documents that could be relevant to the meeting, saying it looked as though he was trying to negotiate in public. Mensing said it was an exercise of his First Amendment rights and an attempt to provide transparency to residents, especially since JMJ's opportunity to speak is limited to public comment.

Vice Chair Julie Baker suggested the compromise, said she and board member Michael Murphy have had "very robust and constructive discussions with the district."

"The purpose of it was to see if we could work with them to lessen the special tax burden that the district imposes on the owners, all owners of the mall properties, and while keeping the special tax district in place to preserve the police, fire, police car, and road maintenance services that we received from that special taxation," she said. 

Baker said the district is also interested in giving the road to the state, if the state allows. They also reviewed the district's $800,000 budget and discussed reductions but have not made concrete decisions.

"We find a great deal of interest in helping cut the budget there so that it would reduce the tax burden as well," she said. "So we're not ready with specific numbers yet on that, but there's certainly the willingness to make some major cuts into that budget."

Chair Deborah Maynard said she wants to dissolve the BHRD and that she would not want them to go ahead with the discussions.

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