PITTSFIELD, Mass. — After hitting a stalemate in negotiations, the nursing union has released 437 "unsafe staffing forms" that it says document specific instances when nurses felt they needed more help.
The local chapter of the Massachusetts Nursing Association, representing registered nurses at Berkshire Medical Center, have been negotiations with Berkshire Health Systems on a new contract. Particularly, the nurses say they hope to a contractual agreement to bolster staffing.
But, months ago the hospital had already put forth its "best and final offer," which the nurses rejected.
Since then, there have been multiple bargaining sessions but both sides remain apart. The MNA says it is concerned with patient safety and has been pushing "safe staffing" as a major talking point. Recently, the nurses have sought out members of the health systems' board of trustees to join their side and are looking for public support.
Over the last 22 months, the nurses documented instances when they felt staffing was subpar and those instances were made public on Wednesday as the MNA continues to seek support. Those specific incidents are detailed below after the union released the paperwork to the media on Wednesday.
"We are concerned by our administration's continued disregard for the negotiating process, and more importantly, for our documented patient safety incidents by their continued refusal to work with us to improve staffing to ensure the highest quality care," Alex Neary, a registered nurse and co-chair of MNA's bargaining committee.
Citing a number of patient safety awards the hospital has received, BHS administrators said the release of those reports is a one-sided attempt to "disparage" the hospital. Chief Operating Office Diane Kelly, also a registered nurse, said the documents lack follow up information and fail to show that the instances truly put patients in danger.
"We're deeply troubled at the union's continued campaign to disparage the hospital," Kelly said. "The forms released are not Berkshire Medical Center forms."
She said the supervisors, on some of the occasions, responded to the change in patent numbers or needs and got help, but that part wasn't documented. She said there were occasions on the list in which a supervisor heard the complaint and investigated it, only to find out that the situation wasn't as dire as the complaint made it seem. She called the forms a "scorekeeping card" showing only one perspective.
"If there is a need to respond, [supervisors] respond," Kelly said.
Kelly said the hospital has an internal quality assurance process to handle any such situation. The forms released by the union were not part of that process; the forms the MNA released were union documents.
"They can write whatever they choose," Kelly said.
The union says the nurses wouldn't have taken the time out of their day to write the report if the situation wasn't serious. The reports are made when the nurses feel patient safety is in jeopardy. The documentation includes the date, the unit, the shift, how many patients were on the unit at the time, the staffing level, how much staff should be needed according to staffing grids, the supervisor's response, and a brief summary of the incident.
"For years, we have been raising concerns and attempting to convince management to address what is a clear pattern of unsafe patient care incidents that we continue to document in real time with these unsafe staffing reports," Neary said.
"We have brought these forms to nearly every meeting we have had with management at the hospital prior to negotiations and repeatedly during contract negotiations, yet management continues to dismiss our concerns and reject our proposals to address this problem. Since management refuses to acknowledge these situations, we are sharing them with the public so they can understand what we are dealing with, and hopefully, understand that they have the most to lose if management continues to ignore our call for staffing improvements. The nurses just want to be able to provide the safe and effective care their patients deserve."
The nurses say the documentation is "tangible evidence of a chronic lack of staffing needed to keep patients safe."
The union said address staffing deficiencies has been the main point of its negotiations and at first pushed to include specific staffing ratios, based on the number of patients and levels of sickness into the contract. That would have held management accountable for breaking the contract if and when these type of instances occur.
The hospital, however, said specific ratio would take away too much of management's control over how to staff the hospital. The hospital wants flexibility when it comes to making those decisions and says it uses a team approach, by not just counting the number of nurses but including staff from all disciplines.
The hospital put forth the concept of a new staffing committee. That committee would meet regularly and include nurses, union officials, and management to discuss the data and make recommendations as to how to best staff a unit.
"We agree that we should have a format of face to face conversation [about staffing]," Kelly said. "That is why it is in our best and final proposal."
The nurses, however, says there is already a staffing committee that is clearly not working. The union moved off from its position of a specific matrix but still pushes for language that includes having charge nurses unassigned to patients, freeing them up to manage the unit.
Chief Nursing Officer Brenda Cadorette, a registered nurse, responded by saying the new committee would be different because it would focus more on the individual units and because it is contractual, both sides will be forced to participate in the meetings and process.
"The new proposal is about the nursing manager and their staff," she said. "It is much more specific than it had been before."
In May, the hospital had presented its best and final offer. At the end of that month, the nurses rejected it by a vote. Both sides returned to the table, with the union putting forth the charge nurse proposal. The hospital hasn't countered and instead continues to support its final offer. The nurses have accused the hospital of rejecting any path toward coming to an agreement.
The hospital, however, says for the first year of negotiations management had revised its proposal multiple times based on union feedback, while the union hadn't budged nearly as much.
"For the first 14 months, Berkshire Medical Center made many, many changes," Kelly said. "We believe in our best and final offer."
The union's bargaining committee has the authorization to call a one-day strike, which requires a 10-day notice. And the hospital has already made plans to bring in replacement nurses for an entire week should that happen. The nurses have not yet called a strike, but the possibility looms.
If you would like to contribute information on this article, contact us at info@iberkshires.com.
Your Comments
iBerkshires.com welcomes critical, respectful dialogue. Name-calling, personal attacks, libel, slander or foul language is not allowed. All comments are reviewed before posting and will be deleted or edited as necessary.
No Comments
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.
"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.
For this months Nonprofit Spotlight, iBerkshires sat down with the Elizabeth Freeman Center's Executive Director Divya Chaturvedi to give us an insight into the organization. click for more
One version is that there are many available jobs, but employers have a hard time finding workers to fill them. On the other hand, we also hear that Berkshire County does not have enough good jobs, and people have to move elsewhere because of poor job prospects here.
click for more
The Historical Commission is giving people the opportunity to bring a piece of the town home with them through the sale of hand-thrown and stenciled, colonial-style pottery featuring the Dalton's name and incorporation date. click for more
iBerkshires joined Zustra on a hike at Wild Acres trailhead, where we released two adult eastern painted turtles, one yearling eastern painted turtle and one yearling common snapping turtle.
click for more
Myles Morrison-Gould struck out seven and walked just one in a complete-game, 3-0 win over Holden that sends the Pittsfield Little League All-Stars into next week’s four-team State Tournament. click for more