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Registered Nurses Notify BMC of One-Day Strike

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PITTSFIELD, Mass. — The Massachusetts Nurses Association delivered a 10-day notice to hospital management on Friday notifying it of the local bargaining unit's intent to hold a one-day unfair labor practice strike beginning at 7 a.m. on Tuesday, Oct. 3, and running until 7 a.m. on Wednesday, Oct. 4.
 
Berkshire Medical Center, however, is characterizing this as a five-day work stoppage because any substitute nurses brought in are contracted for that period of time and will fill the shifts normally worked by union members.
 
The nurses' union and Berkshire Health Systems have been at an impasse in contract negotiations after nearly a year of talks, with the major sticking point the MNA's insistence that safe staffing levels be part of the conversations. 
 
"For years, we have been raising concerns and attempting to convince management to address what is a clear pattern of unsafe patient care incidents," said Gerri Jakacky, co-chair of the MNA BMC Bargaining Committee. "Rather than address our concerns, management pretends they do not exist or makes excuses to the public. Our community deserves better from its hospital leaders."
 
The union had been pushing for fixed ratios for the number of nurses based on situations and times. The nurses say they have documented hundreds of occasions when low staffing levels have jeopardized patient care and say they've brought their concerns to the administration to no avail.
 
Hospital officials say the fixed ratios the MNA wants is part of a state movement for legislation. Instead, they offered to create a staffing committee that includes union officials and nurses to review data and make recommendations. That plan replicated suggestions from the American Nurses Association and had been used in other hospitals in the country to tackle staffing issues.
 
"We are disappointed but not surprised by today's notification from the Massachusetts Nurses Association of their scheduled strike to begin on Tuesday, Oct. 3," BHS CEO David Phelps and BMC COO Diane Kelly said an a joint statement. "The MNA continues to mislead our community and those who depend on Berkshire Medical Center for their care and employment. 
 
"We have bargained in good faith, offering a strong contract for our nurses, while the union is focused on gaining public support for their ballot initiative."
 
The nurses' union, which represents nearly 800 registered nurses at BMC, voted overwhelming in July to give the bargaining committee the authority to call a one-day strike. The vote, and subsequent unfair labor complaints, were seen as tactics to move the hospital away from its "best and final" offer.
 
The MNA in August also filed a notification to end the existing contract that has an expiration date of September 2016. A duration clause in the contract has allowed the union and management to continue operating under its language unless one or the other filed a 30-day notice to end it. 
 
The union hosted a public forum on the nurses's staffing grievances on Tuesday. 
 
"With the community behind us, we are prepared to strike on Oct. 3 for patient safety and a fair contract," said Alex Neary, a nurse and co-chair of the MNA BMC Bargaining Committee. "All other efforts to persuade management to make concrete patient safety improvements and reach a fair agreement have been unsuccessful. It is up to BMC to negotiate in good faith and avoid a strike."
 
Hospital officials say they have been preparing for the one-day strike since the authorization vote and have a "comprehensive strike plan in place" that has been approved by the state Department of Health. The hospital expcts to continue its operations as normal through the strike period. 
 
"BMC will bring in experienced, qualified replacement nurses to ensure quality patient care during the work stoppage," Phelps and Kelly's statement reads. "The nursing agency requires a minimum five-day contract for replacement nurses, which allows for the appropriate continuity of care. As a result, this labor action, if it goes forward, will run from Tuesday, Oct. 3, through Saturday, Oct. 7."
 
The union and BMC have also been at odds over health insurance, with the union stating that hospital officials have not shared information on its self-insurance rates. The nurses want options such as employee-plus, and employee plus children; they also say the proposed health insurance rates are too high, often more than managers. 
 
The hospital, for its part, says the nurses were offered a 10 percent raise over three years, with starting registerd nurse salaries that go from $73,000 in year one to over $75,000 in year three, and higher salaries for mid-scale and maximum-scale nurses that by year three amount to more than $116,000 per year; enhanced education support; and improved differential pay.
 
Even though both sides seem on a collision course for Oct. 3, there's still a possibility that a breakthrough could happen to head that off.  The next negotiation date has been scheduled for Sept. 27, less than a week before the one-day strike is set to take place.

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

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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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