| Share

News & Events


North Ottawa Community Hospital issued complaint from NLRB

05.25.2011

Contact:

Ann Sincox
517.256.2312
ann.sincox@minurses.org

May 25, 2011

FOR IMMEDIATE RELEASE

Complaint also filed with U.S. Department of Labor Wage and Hour
 

Grand Haven, MI – The National Labor Relations Board (NLRB) has filed a Complaint against the North Ottawa Community Hospital on behalf of the nurses represented by the Michigan Nurses Association (MNA). The Complaint states three major concerns:

  1. The Hospital has unreasonably delayed in providing certain requested information to MNA;
  2. The Hospital has failed to furnish the information requested by MNA in a timely manner, and when it was finally provided, all the dates were redacted;
  3. The Hospital has refused to bargain with MNA towards an arrangement regarding confidential information.

“We are frustrated with the lack of respect being shown by the Hospital towards its nurses,” said Sherry Thelen, president of the NOCH RN Staff Council. “The grievance procedure is something both parties have agreed to abide by and the fact that the Hospital is dragging its feet in providing MNA with the requested information is unprofessional behavior. Every minute we spend having to hold NOCH accountable for its actions is a distraction to our primary role – providing quality patient care.”

In the light of these three concerns the NLRB has charged that this conduct violates Section (a) (1) and (5) of the National Labor Relations Act. A hearing has been scheduled for July 13, 2011 in Grand Rapids, MI.

“We were confident that the NLRB would agree with us that the NOCH was non-compliant with labor laws regarding this important information,” said Anita Szczepanski, MNA Labor Attorney. “These RNs have had accusations thrown at them which we cannot possibly defend without the appropriate information related to the accusations. The Hospital will not even provide us with the dates of the incidents that they are using against one of the RNs who filed a grievance! Their complaint about the information being protected by HIPAA is not valid. We do not believe that HIPAA requires such drastic action and no other hospitals we have worked with where we represent RNs have claimed that HIPAA requires them to redact dates.”

The charge requires NOCH furnish the requested information with the dates unredacted, furnish all non-confidential information, bargain with MNA to reach a mutually agreed to means of disclosure of the requested medical records needed for MNA’s performance of its duty to represent the RNs who have filed these grievances, including reducing to writing and signing such an agreement, and to post appropriate notices regarding the Hospital’s future performance in regard to Labor law.

The NLRB Complaint arrived on the heels of MNA’s Complaint to the U.S. Department of Labor Wage and Hour Division that the Hospital is violating federal wage and hour laws by refusing to pay surgical services RNs for the time it takes for them to change into sterile scrubs on the Hospital’s premises. The MNA remains confident that the Hospital will be required to begin paying the RNs for this time and to pay back wages for this violation.

“This Hospital has an apparent disregard for the National Labor Relations Act. And, its efforts to hide the truth related to its pay practices from the Department of Labor Wage and Hour is appalling,” said John Karebian, MNA Executive Director.   “This strikes at the very foundation of responsibility to nurses and the community and is an attack on worker’s rights that won’t go unnoticed.”

 

###

The Michigan Nurses Association is the largest, most effective union for RNs in Michigan. As the voice of all registered nurses in Michigan, MNA advocates for nurses and their patients at the State Capitol, in the community, and at the bargaining table. MNA is a constituent member of National Nurses United and an affiliate of the AFL-CIO.