Wounds fester at FRHG

The new board chairman of Fremont Rideout Health Group is charging the California Nurses Association with filing unfair labor practices complaints in an effort to prevent an election that could lead to its decertification.

In a document hand-delivered to the Appeal-Democrat, Jim Kennedy wrote that the board does not normally become involved in negotiations, but decided to now in order to "object to the stalling tactics CNA has recently employed."

Nurses contacted Monday disputed Kennedy's assertion, saying the complaints are legitimate.

The hospital and nurses represented by CNA have been in contract negotiations for more than a year.

Hospital officials made their final offer in January. The nurses union rejected the offer three weeks later.

The hospital's final offer includes $12 million in improved wages and benefits; a 50 percent reduction to premium costs for benefit packages; an employer match to the 403(b) retirement plan; a voluntary paid time off cash-out program for up to 80 hours each year; and discount coverage for medical services provided by the hospital.

Three nurses strikes have been held in the past six months over failed negotiations. The last strike took place in March.

"It's not in the best interest of the community, the hospital or the nurses to continue to delay this contract," Kennedy said in a phone interview.

Kennedy said a closed shop is the union's ultimate goal.

"I believe it should be an open shop so nurses can chose either way," he said.

An "open shop" means nurses can chose whether or not to be a part of a union, while a "closed shop" would require all nurses to pay union dues. About 500 nurses are employed.

Heather Avalos, a nurse at Rideout Memorial Hospital's intensive care unit, said the charges filed with the NLRB are real and not a delay tactic.

"These have absolutely not been filed to stop the decertifying election," Avalos said. "They are not made up."

The number of unfair labor practice charges filed and the status of those charges was not immediately available.

Several phone calls made to union officials were not returned Monday.

Even if a vote took place, Avalos said there isn't enough support to decertify the union.

Kennedy said there is union opposition, but if the nurses do vote to keep the union the hospital would need to accept that result.

"But as long as they continue to file (unfair labor practices), no election will be held," he said.

Avalos said several issues, beside open versus closed shop, still need to be addressed. Those issues include the right to outside counsel for grievances and arbitration; guaranteed seniority if two nurses with the same qualifications apply for a position; and shift priority over traveling nurses.

Avalos said pro-union nurses will continue to try to get back to the negotiation table to discuss these issues. Hospital officials maintain there is no reason to return to the table.

Kennedy said CNA continues to insist upon mandatory dues from all nurses and that CNA hasn't let an open shop prevent them from signing contracts elsewhere.

Avalos said there is only one open shop in California.

"The hospital refuses to accept the democratic majority," Avalos said of a unionizing vote held a year and a half ago. "Union security protects nurses right to advocate without the fear of retaliation. We are not going to accept open shop."

Contact Appeal-Democrat reporter Andrea Koskey at 749-4709 or akoskey@appealdemocrat.com