PITTSFIELD, Mass. — The union nurses at Berkshire Medical Center have called off next week's planned strike.
After a late night of last-minute negotiations Thursday, the local Massachusetts Nurses Association chapter opted to withdraw the strike notice as contract negotiations have progressed. The nurses were planning on a one-day strike on Tuesday, which likely have been followed by a lockout.
"We made enough progress to avert the strike scheduled for Tuesday and continue bargaining with the hospital," reads a notice from the local MNA to its membership.
But, "we retain the right to re-issue another 10-day notice for a one-day strike if necessary."
Some 800 nurses in the union have been in difficult contract negotiations with the hospital for about a year and a half after the last agreement expired in September 2016. The strike would have been the second during this period. The nurses went on a one-day strike in October followed by a four-day lockout by BMC.
"We are glad to have made enough progress to avert our one-day strike for now," said Alex Neary, co-chair of the union's bargaining committee. "We retain the right to re-issue our strike notice if the hospital does not agree to a contract that both protects and improves patient care and provides nurses fair health insurance."
BMC Spokesman Michael Leary said he is pleased that the strike has been postponed and hopes to find a "reasonable and mutually agreeable conclusion to our negotiations."
"We offered our nurses a comprehensive, fair contract package long ago, and have made favorable adjustments to that proposal over the last several months. Yesterday, our bargaining team made one last effort to bring the contract negotiations to a satisfactory end by presenting further enhancements," Leary said.
"These included language promising to not change the RN staffing grids in a way that would increase the number of patients assigned to RNs between now and the proposed end date of the contract. We also offered language making it clear that clinical team leaders and permanent charge nurses generally would not be expected to take a patient assignment except under very limited circumstances, and then with limited duration. These offers would result in the first staffing language we have agreed to insert in any of our contracts."
Leary noted that the hospital has also proposed extending the contract to four years as well as "significant salary increases."
"We are pleased that the strike has been postponed as a result of our new offer and we are proud of our negotiating team, which has worked so hard over the past year and a half, and yesterday met for an extensive period to offer a package that is fair to all. We are continuing to negotiate and hopeful that we can find a resolution," he said.
The nurses have been primarily focused on raising staffing levels, saying there are far too few nurses to handle the number and condition of the patients. The nurses have been voicing concern about the level of staffing since 2014, when the union held a rally over the increased census numbers following the closure of the former North Adams Regional Hospital.
But hospital officials don't want to get contractually locked into set numbers of registered nurses and say care is provided through multiple disciplines. The hospital has presented a few options including staffing committees but those didn't give the nurses enough of a guarantee that the situation would improve.
The union's last proposal calls for charge nurses to be unassigned to patients as well as language ensuring the staffing ratios currently outlined at the hospital aren't diminished. The hospital, however, issued a letter written by CEO David Phelps and Chief Operating Officer Diane Kelly on Feb. 6 saying that isn't a demand they can accept.
"Our current practice and goal is to never schedule a charge nurse/clinical team leader for a patient assignment and to avoid that event whenever we reasonably can. However, as we all know, the work demands on each of us change from day-to-day and even over the course of a single day because of unexpected circumstances, including spikes in patient census, unusual changes in patient acuity and unscheduled absences of our colleagues," the hospital's leadership wrote.
"Of course, those unpredictable events affect the registered nursing realm of work as well. Accordingly, fixing in stone a highly restrictive patient assignment limitation for charge nurses/clinical team leaders is not a demand that we can prudently accept."
As negotiations passed the midnight hour Thursday night, however, the union felt the hospital made enough progress on the issue to avert the strike.
"Management started the day on Thursday by saying they were motivated to settle because of our looming strike date and their need on Friday to pay replacement nurses for their lockout. They agreed not to diminish staffing grids and increased their wage and differential offers," the MNA wrote in an update sent out Friday morning.
"However, they still refuse to make any staffing improvements, maintaining their previous position on charge nurses."
The hospital said throughout the process it had made numerous concessions trying to reach an agreement, including during the negotiation sessions following the strike, and maintained that it was always willing to bargain.
On Feb. 13, the two sides held a lengthy negotiation session, which at the time was the last one scheduled before the strike. The union had at that point given a counter proposal and in turn, the hospital responded with one. According to MNA spokesman Joe Markman, that proposal regarding charge nurses and staffing grids was "full of loopholes." The union pulled together a series of questions and the hospital agreed to respond with a "comprehensive response."
The negotiations have been aided by a federal mediator and that continued on Thursday.
"We made various counter proposals throughout the day and night, focusing especially on staffing improvement. Our patient care conditions need to get better. We remain committed to charge nurses without an assignment or with a limited assignment, and the need for the hospital to post and recruit for positions necessary to fulfill their contractual obligations. We will not have a contract without staffing improvements," the MNA wrote.
The hospital said the offer it put forth on Thursday calls for 12 percent salary increases for the nurses over the life of the contract and increased pay for differentials. The salary increases do include some retroactive pay to October of 2017.
The contract would be in place until September of 2020.
The offer includes increases the night differential from $2 to $3.50, evenings from $1.25 to $2.10, and BSN from $1 to $2. The on-call rate would be increased to $4 on non-holidays and $4.50 on holidays.
The offer also preserves the hospital's to determine staffing and assignments but includes language saying the hospital "will not exercise those rights to diminish the staffing grids as they apply to registered nurses."
"The parties understand that daily staffing guidelines are subject to variation due to uncontrollable or unpredictable daily occurrence including, among other occurrences, unplanned increases in census, unplanned absences, and unpredictable increases in patient acuity. Accordingly, such episodes of the medical center's inability to meet these grids will not be subject to grievance and arbitration," the offer reads.
The offer still proposes to a change to the share paid by nurses from 10 percent now to 20 percent. More details on that offer can be found here and here.
Neither side wanted a strike. The nurses would be out of work and lose pay during the event and the hospital would pay millions to bring in temporary nurses and make other changes.
"A strike is a costly event. We expect that we will, once again, have to spend $3 to $4 million dollars to continue to meet our community's needs during a second registered nurses' walkout. That is $3 to 4 million that will not be available to invest in our people, technology and facilities to meet the needs of our community and other community providers, despite their growing dependence on us," the hospital wrote.
The nurses also seeks information on the hospital's health insurance proposal, which is eyed to shift a greater percentage of the cost to the employees. The hospital previously rejected much of the information requested saying the union was overstepping its bounds. The hospital provided the details on how the rates were set, including local.
The union then asked for detailed information on the current medical and prescription drug plans; monthly paid claims separated by medical and prescription drug claims; monthly enrollment for three years; all changes made; the most recent data on administration, network, case management, clinical program, stop loss, and other fees associated with the prescription plan; the working rates for plans, and a census of employees eligible and enrolled in the various plans including date of birth, gender, ZIP code, status, and medical tier.
The union said that has not been provided so an agreement on that has yet to be reached.
The union's bargaining unit had given its notice of a strike on Jan. 16. That gave the hospital more than legally required 10-day notice, which the union hoped would be enough to bring forth an agreement.
The nurses will still hold what they are calling "a patient safety vigil" on Monday at 5:30 p.m. outside of the main hospital.
The staffing issue has been taken up by MNA chapters throughout the state and nurses at multiple hospitals have gone on strike. The issue will also find a place on the state election ballot, as advocates have pushed for the patient to nurse ratios be written into law.
Nurses at Baystate Franklin Medical Center have scheduled a strike from Wednesday.
The nurses at Berkshire Medical Center plan to go on strike for the second time. The local chapter of the Massachusetts Nurses Association voted to hold a one-day strike on Tuesday, Feb. 27. Some 800 nurses have been in difficult contract negotiations with the hospital for about a year and a half after the last agreement expired in September of 2016.
The local Massachusetts Nurses Association chapter has been at odds with management for nearly a year and a half of contract negotiations. In October, the nurses staged a one-day strike, which was followed by a four-day lockout. The two sides returned to the bargaining table shortly after and still have yet to come to a settlement.
The unionized nurses at Berkshire Medical Center will be voting again to give the bargaining committee the authority to call a one-day strike. Berkshire Medical Center management and the hospital's Massachusetts Nurses Association chapter have been at an impasse in negotiations for a year and a half. In October, a one-day strike was held, followed by a four-day lockout when the two sides couldn't reach a settlement.
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.
While much of the action has been taking place in Pittsfield, the registered nurses locked out by Berkshire Medical Center made a point of showing on Thursday that North Adams is affected, too. Nearly 100 members of the Massachusetts Nurses Association and their supporters lined the sidewalk along Hospital Avenue chanting to the police and security presence blocking the driveway to BMC's North County campus.
Nurses at Berkshire Medical Center went 36 years without a labor strike. But that was until Tuesday. The local chapter of the Massachusetts Nursing Association took to the picket line on Tuesday after a year of contract negotiations have seemingly hit a wall. The union and supporters gathered just outside of the property line, forming two lines and holding signs, awaiting the nurses ending their shift at 7 a.m. to walk through.
The nurses will be silent on Tuesday morning when the nurses walk out on the job and head to the picket lines. But, on Monday night, the nurses were filled with songs and speeches as it held a vigil outside of Berkshire Medical Center prior to the start of the strike.
Berkshire Medical Center brass say they've taken proper precautions to make sure patient care is uninterrupted during the strike and subsequent lock out. "We fully expect that our operations will be as they are any other day. If you are a patient and you need to be here with us or you are scheduled to be here and it is elective, it will be no different than it was any other day," said Berkshire Health Systems President David Phelps during a briefing with the media on Tuesday.
A federal judge has denied Berkshire Medical Center's request for a temporary injunction to halt the one-day strike planned by the nursing union. The hospital had filed an emergency motion requesting the federal courts to put a stop to the strike. The hospital alleged that the union did not follow the proper grievance process as outlined in the contract. On Friday, Judge Mark G. Mastroianni denied that emergency request.
The hospital is seeking a preliminary injunction to halt the nurses strike. Berkshire Medical Center filed for an injunction in federal court, claiming the Massachusetts Nursing Association had not followed contractual obligations prior to calling a strike. The union, however, asserts that the strike is legal and is continued to take to the picket lines on Tuesday.
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.
The hospital has fired back at the MNA with its own complaint with the National Labor Relations Board. Berkshire Health Systems has filed a complaint alleging that the nursing union is not bargaining in good faith, and even "surface bargaining" - a term used to describe bargaining without trying to actually reach a settlement.
After hitting a stalemate in negotiations, the nursing union has released 437 "unsafe staffing forms," which document specific instances when nurses felt they needed more help. The local chapter of the Massachusetts Nursing Association, representing unioned 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
BMC nurses are now making a pitch to get the hospital's Board of Trustees on their side. The Massachusetts Nurses Association has been in challenging contract negotiations with the hospital. After what call a fairly unproductive negotiating session on Tuesday, the nurses are attempting to meet with members of the Board of Trustees.
The nurses at BMC have filed a second complaint with the National Labor Relations Board against hospital administrators. The nurses are accusing Berkshire Medical Center leaderships, particularly Vice President of Human Resources Arthur Milano, of denying them information they deem is needed to negotiation health insurance. The nurses asked detailed financials surrounding the hospital's health insurance offer during negotiations.
Another negotiation session concluded Monday and nurses say little progress has been made toward a resolution. Mark Brodeur sits on the bargaining committee and on Monday night he said hospital officials rejected the change put forth by the nurses to leave charge nurses unassigned. The nurses have been trying to push for what they call "safe staffing" in the negotiations and contractually binding the hospital to provide what they see is adequate staff.
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 that unless a 30-day notice from either side was made or a new contract was signed, the existing one remained in place.
In the middle of a strike authorization vote and the union filing charges against the hospital with the National Labor Relations Board, the Massachusetts Nursing Association and Berkshire Medical Center return to the bargaining table Thursday in hopes to come to an agreement on a new contract.
Berkshire Medical Center has presented what it says will be its "best and final offer" to settle a contract with the nursing union. A letter sent out by President David Phelps and Chief Operating Officer Diane Kelly was released on Wednesday outlining the hospital's offer. The Massachusetts Nurses Association and BMC have been at an impasse as the two sides try to negotiate a new three-year contract. The current one expired in September.
Nurses and supporters paced back and forth along North Street and Wahconah, holding signs, chanting "if we're out here, something is wrong in there." On the otherside of those walls, the administration is reviewing data showing Berkshire Medical Center ranking in the top when it comes to patient safety and preparing a forum to celebrate those numbers with employees. Outside, the nurses chant that the staffing levels are unsafe. Inside, a staffing office is reviewing the personnel on hand to m
iBerkshires.com welcomes critical, respectful dialogue; please keep comments focused on the issues and not on personalities. Profanity, obscenity, racist language and harassment are not allowed. iBerkshires reserves the right to ban commenters or remove commenting on any article at any time. Concerns may be sent to email@example.com.
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.