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Who Withdrew?: MNA Mixes Up Labor Board Complaints

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — The Massachusetts Nursing Association has withdrawn one of the multiple unfair labor practice charges it filed against Berkshire Medical Center. 
 
In July, the registered nurses' union filed a charge against a new absentee policy the hospital's administration had established. The claim was that there was a modification to the contract because the new policy was not negotiated. The union said the hospital broadened the circumstances around absences for discipline.
 
However, according to a union spokesman, it was later learned that the policy was not going to be implemented for the union's membership. Last week, on Oct. 13, the union opted to withdraw the complaint.
 
While fairly straightforward, there was confusion on Tuesday regarding that withdrawal, and hospital officials were quick to pounce.
 
Somehow word got back to union leaders that Berkshire Medical Center had withdrawn a complaint it had made against the union with the National Labor Relations Board.
 
BMC had previously filed a complaint that accused the union of surface bargaining and failing to make any significant modifications to its offers during negotiations. Union leadership believed the hospital had withdrawn that and sent out a press release highlighting its significance.
 
"This charge was obviously just a public relations ploy, one of many baseless accusations Berkshire Medical Center has aimed at its own nurses rather than settle a fair contract," reads a quote from Alex Neary, co-chair of the MNA BMC Bargaining Committee, in the released statement. 
 
Another quote read,"the hospital's entire charge was based in an alternate reality," from the other co-chair, Gerri Jakacky.
 
Except, BMC hadn't withdrawn the complaint. The union had made a mistake.
 
BMC's vice president of human resources quickly shot a letter to union leadership after the press release was sent.
 
"To be perfectly clear, Berkshire Medical Center has not withdrawn any unfair labor practice charge. As you well know, but chose not to disclose in your public release, the only party to have withdrawn any unfair labor practice charge in matters between the hospital and the MNA is your union itself," Milano wrote.
 
He added, "The MNA's latest stunt in misleading the public and its own membership necessarily raises the question why anyone in the community or in the bargaining unit should place any trust in anything that the union says."
 
The hospital and MNA have been at loggerheads for most of the year over a new contract. The nurses union says there are unsafe staffing levels that it wants addressed in the contract; hospital officials have refused, saying its proposal for a joint committee is appropriate and claiming the union is trying to galvanize support for a statewide ballot question.
 
The result was a one-day strike by the nurses that turned into a five-day lockout by the hospital. 
 
Milano claims the union has been practicing "misdirection and misrepresentation" for more than a year.
 
But, he wrote, "we were unprepared for the complete fabrication that your organization released to the public today, falsely claiming that Berkshire Medical Center has withdrawn its unfair labor practice charge against the union.
 
"The MNA is apparently so fixated upon destroying the good reputation that the clinical teams at Berkshire Medical Center have built both locally and nationally that it has now chosen to invent a story that the hospital has given up on its charge that, in service to your statewide agenda, the MNA has been engaged in a yearlong pattern of bad faith bargaining."
 
Milano charged that the entire episode showed that MNA had targeted three hospital systems this year "just to raise public awareness of its 2018 ballot question designed to fatten the ranks and treasury of the union." 
 
Shortly afterward, the union realized its mistake and a followup "retraction" of the press release was issued. 
 
The news of the absenteeism policy complaint is fairly insubstantial, but Tuesday's back and forth shows just how on edge both sides are when it comes to negotiations. The union says there haven't been any negotiations since the one-day strike, but a federal mediator is still involved and will bring the sides together.
 
The nurses also plan another rally outside of the hospital's main entrance on Tuesday, Oct. 24. 

Tags: BMC,   labor board,   MNA,   

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Lanesborough Planners Bring STR, ADU, Signage Bylaws for Town Vote

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Planning Board held a public hearing on the much anticipated bylaws for short-term rentals, accessory dwelling units, and signage to be presented at the annual town meeting.

For the past few months, planners have diligently been working on wordage of the new bylaws after Second Drop Farm's short-term rental was given a cease and desist because the building inspector said town bylaws don't support them.

The draft bylaw can be found on the website.

The board voted on each of the four articles and heard public comment before moving to entertain any amendments brought forward.

A lot of discussion in the STR section was around parking. Currently the drafted bylaw for parking states short-term rentals require two parking spaces, and with three or more bedrooms, require three spaces but never more than five.

There were questions about the reasons for limiting parking and how they will regulate parking renters choose to park on the lawn or the street. Planners said it is not their call, that is up to the property owner and if it is a public street that would be up to the authorities.

Some attendees called for tighter regulation to make sure neighborhoods are protected from overflow.

Lynn Terry said she lives next to one of the rented houses on Narragansett Avenue and does not feel safe with all of the cars that are parked there. She said there can be up to 10 at a time on the narrow road, and that some people have asked to use her driveway to park. She thinks limiting to five cars based on the house, is very important.

The wordage was amended to say a parking space for each bedroom of the house.

Rich Cohen brought up how his own STR at the Old Stone School helps bring in money and helps to preserve the historic landmark. He told the board he liked what they did and wants to see it pass at town meeting, knowing it might be revised later on.

He said the bylaws now should not be a "one size fits all" but may need to be adjusted to help protect neighborhoods and also preserve places like his.

After asking the audience of fewer than 20 people, the board decided to amend the amount of time an short-term rental can be reserved to 180 days total a year in a residential zone, and 365 days a year in every other zone. This was in the hopes the bylaw will be passed and help to deter companies from buying up properties to run STRs as well as protecting the neighborhood character and stability.

They also capped the stay limit of a guest to 31 days.

Cohen also asked them to add "if applicable" to the Certificate of Inspection rule as the state's rules might change and it can help stop confusion if they have incorrect requirement that the state doesn't need.

The ADU portion did not have much public comment but there were some minor amendments because of notes from KP Law, the town counsel.

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