No Date for Sweet Brook Union Election

By Tammy DanielsiBerkshires Staff
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WILLIAMSTOWN, Mass. — It's unlikely that the blocked union vote at Sweet Brook Care Centers will be rescheduled until the National Labor Relations Board completes its investigation into complaints against the nursing homes' management, said union officials.

"They've postponed it. I think what's significant about that is there are many different elections where there are charges but [the elections] still go forward," said 1199SEIU Executive Vice President Michael Fadel last week. "In a small number of cases, the board makes a decision not to ... that there can only be a free and untainted election, pending the resolution of those complaints."

Workers at Sweet Brook were to vote on whether to organize and join 1199 Service Employees International Union last Thursday. The union's lawyers, however, requested in a hand-delivered letter to Labor Board Regional Director Rosemary Pye last Monday that the election be halted because "[the employer] has destroyed any possibility of employees making a free choice in the election."

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The board normally expedites complaints related to blocking elections, but is unclear how fast that would happen.

At issue are allegations that parent corporatioon Northern Berkshire Healthcare and Sweet Brook management have intimidated workers and blocked efforts to disseminate union materials.


An internal e-mail from Nothern Berkshire Healthcare's Vice President of Human Resources Arthur Scott discussing how the health system responds to unfair labor complaints infuriated union officials.

Scott wrote to the executive team that he believed there was a legitimate defense to decisions made by the health care system and that "because the NLRB process is so lengthy and the potential penalties so minor, I think we should continue with our current practice."

The e-mail does not state what that practice is, but rather explains the Labor Board's decision-making process. Essentially, any ruling against the health system would carry no significant penalties. Fadel called the e-mail "pretty shocking and cavalier."

Health care system officials have stated their primary concern is making sure every employee is fully informed before casting a vote.

"We're very confident that our managers have acted legally and appropriately," said Vice President of External Affairs Dianne Cutillo last week.

SEIU filed a flurry of unfair labor complaints with the Labor Board within days of Scott's e-mail surfacing; an earlier complaint dated Feb. 27 claims the organizers were not allowed to distribute or post union materials. NBH, meanwhile, has appealed an earlier ruling by the Labor Board's Region 1 over which workers are qualified to vote.

Fadel said the vote was delayed but the organizing committee was "very active." "From our perspective, they are a union, they are working together to want to make conditins better at the home."
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Williamstown Looking at How to Enforce Smoking Ban for Apartments

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Board of Health and town health inspector are consulting with town counsel on how best to enforce a ban on smoking in apartment buildings passed by town meeting in May.
 
Although the meeting overwhelmingly approved the new bylaw, the Attorney General's Office in Boston took until December to rule that the restriction, believed to be the first of its kind in Massachusetts, complied with state law and precedent.
 
On Tuesday, Health Inspector Ruth Russell told the board at its monthly meeting that the town's lawyer told her to work on an enforcement policy.
 
She indicated that counsel said some things need to be clarified in the smoking ban.
 
"Their understanding was the bylaw was very clear when it came to enforcement of common areas but very unclear when it came to non-common areas [i.e., residents apartment units]," Russell said.
 
"That would be the issue. If we got complaints about smoking in someone's own unit, town counsel had concerns about how it would go forward. … Could we even get a warrant to inspect, and how do we go down that road."
 
Russell said she would investigate as soon as practical after a complaint is lodged, but given the ephemeral nature of smoke from cigarettes and discharges from vaping products, it would be difficult to prove violations of the ordinance.
 
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