Editor's Note: In its desperate attempt to keep the Massachusetts Nurses
Association within its federation, and MNA's $1.2 million per year cash
assessment coming in, the American Nurses Association, as it moves to
reorganize itself along the lines of a corporate model, is supporting a
frivolous law suit against MNA to weaken it and sow confusion in the months
leading up to the special business meeting in the spring to address MNA's
relationship to that federation. On December 1st, the MNA Board of Directors
resolved to bring closure to the ANA question, and this initiative has been
met with strong statewide support. For a comprehensive background of the
seachange affecting nurses in Massachusetts, across the continent and around
the globe, visit Sandy's Links <http://users.rcn.com/wbumpus/sandy>. For up
to the minute news of the unfolding of MNA's progressive agenda, go to its
web site <http://www.massnurses.org>.

<http://www.nursingworld.org/pressrel/2001/pr0109.htm>

FOR IMMEDIATE RELEASE
January 9, 2001

CONTACT:
Peggy Barry, (508)757-0778
Karen Daley (781) 344-6926
Annie Lewis O'Connor (781) 845-5694
Hope Hall, 202-651-7027
rn=realnews@ana.org
www.nursingworld.org/rnrealnews

Members Bring Legal Action to Restore Democracy
to Massachusetts Nurses Association

Boston, MA-- A coalition of Massachusetts Nurses Association (MNA) members,
including union members of the labor arm of MNA, filed legal actions today to
enjoin the current Board from expending funds illegally and to ensure that
rank and file nurses' rights are protected.

"Motions filed today in District Court in Dedham, Massachusetts will put the
rogue Board of the MNA on notice that their illegal actions will not be
tolerated," said Annie Lewis O'Connor, an MNA union member and one of the
plaintiffs in the lawsuits.

The lawsuit follows actions taken by several MNA Board members on Dec. 1,
when they summarily fired employees without cause, announced plans to
disaffiliate from the American Nurses Association (ANA), and replaced Board
members who disagreed with such measures. This "coup" was in reaction to an
unsuccessful vote to break ties between MNA and ANA, its national
organization.

"Less than three percent of MNA members voted to disaffiliate. They could not
win the fair, democratically held vote so they decided they would stage a
coup d'etat," said Karen Daley, the MNA President who resigned in protest of
the rogue Board's actions. "Not only did they fire loyal, hard-working staff
without cause, but they replaced them right away without going through
regular hiring procedures, including adhering to affirmative action policies
designed to further diversity goals of the association."

The lawsuit charges the newly constituted Board with expending funds to
disaffiliate from ANA, in violation of MNA's bylaws, contrary to
Massachusetts state law, and in opposition to the vote of members on Nov. 9
to continue ANA affiliation. In addition, members' dues have not been
forwarded to ANA -- another violation of the MNA bylaws.

"The lawsuit asks the Court to stop MNA from spending members' dues money on
disaffiliation efforts and to require MNA to pay ANA the dues that are owed,"
said Peggy Barry, MNA Treasurer.

A hearing has been scheduled for Wednesday, Jan. 17 at 2 p.m.

# # #

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<http://www.nurses.com/content/news/article.asp?DocID={064B183E-E6FB-11D4-A76F

-00D0B7694F32}&Bucket=News+of+the+Profession>

Group files lawsuit against Massachusetts Nurses Association
Alleges that board of directors expended funds illegally

by Louis Pilla, Managing Editor, Nurses.com (lpilla@nurses.com)

January 10, 2001

Join the conversation about MNA-ANA disaffiliation issues in the Nurses.com
Discussion Forum
<http://www.nurses.com/discussionforums/user/non-frames/list.asp?forumid=588>.

The ongoing battle at the Massachusetts Nurses Association (MNA) about
whether to remain affiliated with the American Nurses Association (ANA)
heated up Tuesday with legal action brought against the MNA.

A coalition of MNA members alleged that the MNA Board of Directors is
expending funds illegally to disaffiliate from the ANA, according to a press
release. It also alleged that MNA membership dues haven't been forwarded to
the ANA.

David Schildmeier, MNA spokesperson, told Nurses.com that the legal action is
"totally without merit and the claims it makes are untrue." All actions taken
regarding disaffiliation and Board votes are "totally in compliance with MNA
bylaws," he said. The MNA had begun to review the legal documents on
Wednesday, he said.

December decisions

The legal action comes after a December 1 MNA board meeting that was
apparently a tumultuous affair. At that time, and as previously reported by
Nurses.com, the board passed by 9 to 4 a motion reaffirming a commitment to
disaffiliate from the ANA. (See Massachusetts nurses continue struggle over
ANA disaffiliation.)
<http://www.nurses.com/content/news/article.asp?DocID={96AE5B9E-C969-11D4-8C84

009027DE0829}>

During an executive session at the same meeting, the board voted to replace
the MNA's executive director. What's more, various officials walked out of
the meeting, including President Karen Daley, who resigned as president, and
Peggy Barry, the newly elected treasurer. Barry said that although she hasn't
resigned, she has been replaced as treasurer.

Allegations of a "coup"

The coalition's release characterizes the activities as constituting a "coup."

"Less than three percent of MNA members voted to disaffiliate. They couldn't
win the fair, democratically held vote so they decided they would stage a
coup d'etat," Daley is quoted as saying in the release.

However, this 3% is of the total 20,000 MNA members, said Barry. The actual
vote at the November business meeting was 648 members voting to disaffiliate,
and 397 voting to remain with the ANA-only 48 votes short of the needed
two-thirds majority. Members had to be present at the meeting to vote. (See
Massachusetts nurses stay with ANA.)
<http://www.nurses.com/content/news/article.asp?DocID={76B29318-B6EF-11D4-8C78

-009027DE0829}>

The lawsuit, says the release, charges the newly constituted Board with
expending funds to disaffiliate from ANA, in violation of MNA's bylaws,
contrary to Massachusetts state law, and in opposition to the vote to
continue ANA affiliation. In addition, it alleges that members' dues have not
been forwarded to ANA, in violation of MNA bylaws.

When asked, Barry couldn't specify what Massachusetts law was being violated.

Schildmeier noted that the board has the power to authorize spending on any
initiative that it feels is necessary.

As for withholding dues, Hope Hall, ANA spokesperson, said that the MNA was
in arrears in paying the regular monthly dues required of the ANA's
constituent members. She wouldn't specify a figure; Barry suggested that the
MNA hadn't forwarded dues since the end of June.

But Schildmeier suggested that if the MNA was lagging behind in dues
payments, the delay wasn't because of disaffiliation issues. The MNA, he
said, has been in regular communication with the ANA about dues payments and
hadn't heard from the ANA regarding any problems.

Action taken "reluctantly"

The coalition bringing the legal action involves MNA members who are part of
a committee to preserve ANA affiliation, Barry, the committee's chair, told
Nurses.com. Barry said that the coalition took the legal action "reluctantly
and thought long and hard before we did it." But, she said, the coalition
members felt that they "needed to get a united organization and stay united
with the American Nurses Association."

Barry said that to her knowledge, this was the first time such an action had
been taken at the MNA.

The ANA hasn't issued a statement on the lawsuit, but Hall said that the ANA
has been in touch with the coalition and is supporting the nurses who wish to
remain affiliated with the ANA.

The legal motions were filed in district court in Dedham, Massachusetts, the
release said. It indicated a hearing has been scheduled for Wednesday Jan.
17.

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<http://www.nurses.com/content/news/article.asp?DocID={8FCB8CDD-E760-11D4-A76F

-00D0B7694F32}&Bucket=Top+Headline>

ANA Supports Lawsuit against MNA
President Mary Foley won't rule out legal action by ANA.

by Louis Pilla, Managing Editor, Nurses.com (lpilla@nurses.com)

January 11, 2001

Join the conversation about MNA-ANA disaffiliation issues in the Nurses.com
Discussion Forum
<http://www.nurses.com/discussionforums/user/non-frames/list.asp?forumid=588>.

Drawing a parallel between the Presidential election and the current dispute
between the Massachusetts Nurses Association (MNA) and the American Nurses
Association (ANA), ANA President Mary Foley said Wednesday that the ANA is in
support of a coalition of nurses who have brought legal action against the
MNA.

Even though there was great dispute in the Presidential election, the country
has moved forward, she noted. The same kind of philosophy applies to the MNA
issue, she suggested.

At the same time, she noted that the ANA is "philosophically aligned" with
the MNA nurses who are "carrying on the fight of fairness."

Noting the current challenges facing nursing, such as the nursing shortage,
Foley said that dealing with a revolution in Massachusetts is distracting
when the real revolution should be about such issues as taking care of pati
ents. "Being divided and in dispute with each other isn't going to accomplish
any of those goals," she said.

She also agreed with the coalition's characterization of the events at a Dec.
1 MNA board meeting as a "coup d'etat."

"It was a created event," Foley said. "I'd say it was pretty dramatic and it
shakes the very notion of proper conduct, and the voice of a minority doesn't
give brute force the right to prevail here."

She also responded to criticisms leveled at the ANA by some MNA members that
the ANA's positions are moderate in nature. "I'm sorry but moderation . may
look slow, but slow and sustained work over time convinces people of the
merit of your arguments. It's not an extremist agenda that will get us an
outcome that we want."

Foley didn't rule out the ANA's taking legal action against the MNA. "We're
certainly taking a look at all of our options," she said. She also affirmed
that the ANA has found the MNA to be delinquent in dues payments.

Foley said that though she had contacted the MNA just before the Dec. 1 board
meeting, she hasn't personally reached out to MNA since December 1.

---------------------------------------------

Editor's Note: Nurses.com has published the text of the legal documents
surrounding the suit against MNA at this Web address:
<http://www.nurses.com/content/news/article.asp?DocID={681CBF9A-E7F0-11D4-A76F

-00D0B7694F32}&Bucket=Latest+Headlines>

--------------------------------------------

Editor's Note: The trade journal Modern Healthcare recently published this
acknowledgement of the critical nature of the nurse shortage, without, of
course, recognizing that abysmally unsafe working conditions lie at the heart
of the problem. This article promotes the nurse executives' vision of a
military model, with few nurses to give orders and a crew of unlicensed
personnel to deliver the care. Contrast that to MNA's vision outlined in the
subsequent press release and fleshed out in greater detail on the MNA web
site <http://www.massnurses.org>.

<http://www.modernhealthcare.com/archive/article.php3?article=6320>

A nursing code blue: Few easy solutions seen for a national
RN shortage that's different from prior undersupplies (excerpts)

by Mary Chris Jaklevic and Ed Lovern, Modern Healthcare

December 12, 2000

Once again, hospitals are in the throes of a national nurse shortage. But
unlike previous such crises, which hit every decade or so, this one has a
decidedly ominous twist.

The current shortage is less easily addressed than previous undersupplies,
experts say, because hospitals are financially weaker than they've been in
years. Hospitals also reduced their reliance on registered nurses after the
last shortage in the mid-1980s, and have few places left to cut.

...

"We have seen this go in cycles before, but conventional wisdom is that this
isn't going to get better anytime soon," says consultant Jean Galovich of
William M. Mercer, a New York-based human resources consulting firm.

Hospitals are declaring a code blue. In November, the American Organization
of Nurse Executives (AONE), a subsidiary of the American Hospital
Association, issued a report predicting a "different kind of shortage" that
will hit nursing by the year 2010.

The report, titled Perspectives on the Nursing Shortage: A Blueprint for
Action, says the shortage will be demographic in nature, driven by a
reduction in the nursing workforce just as demand for nurses increases as the
population grows and ages. Among other remedies, the report calls for
increased state and federal support of nursing education programs, clinical
training programs and tuition assistance.

"One of the things we are focusing on is getting federal support for
education," says AONE Executive Director Pamela Thompson.

Cutting services. Meanwhile, the shortage is forcing many hospitals to
curtail services just as demand is booming.

...

Boston's Brigham and Women's Hospital closed 15 of its 650 beds for about
eight weeks this past summer, in part because of the nursing shortage,
according to Nancy Kruger, vice president of patient-care services.

"The nursing shortage in the local market is fairly pervasive," she says.

Brigham and Women's response to the crisis has been to bolster its
nurse-retention efforts, pumping resources into professional development and
nurse-mentoring programs, as well as bumping up pay scales for its nurses.

...

Blow to the bottom line. The situation is delivering another financial wallop
to an industry already absorbing the shocks of Medicare spending controls,
managed-care pressures and failed business strategies. And experts say the
situation may not improve even if the economy slows down and employment
levels decrease.

Higher nursing costs, particularly unexpected fees paid to temporary
employment agencies, even have factored into credit downgrades. Rating
agencies Moody's Investors Service and Fitch say the nursing shortage is a
key reason why they don't expect a quick turnaround for the not-for-profit
hospital sector, which is grappling with Medicare funding cuts under the
Balanced Budget Act of 1997, losses from failed business strategies,
managed-care pressures and higher payroll and drug costs.

...

To put it in perspective, relief legislation for the Balanced Budget Act
pending in Congress, which would deliver an additional $12 billion to
hospital coffers between now and 2005, would not cover the 20% increases some
hospitals are reporting for nursing costs.

"Virtually every dime (of relief money) would be used for salary increases
that have been provided already," says Andrew Wigglesworth, president of the
Delaware Valley Healthcare Council, which represents Philadelphia-area
hospitals.

Paying the price. Regardless of which strategies hospitals pick for dealing
with the nursing shortage, nothing comes without a price tag. Baptist Health,
a four-hospital system in Jacksonville, Fla., is spending $4 million this
year on a program that focuses largely on increasing pay for current nurses.

...

The industry also is relying more on temporary staffing agencies to
supplement their nursing staff. Cross Country TravCorp, one of the nation's
largest medical staffing companies, says it is trying to fill more than
14,000 open positions, mostly registered nurses in acute-care hospitals
around the country, more than double the openings it had a year ago.

"Where we didn't have positions before we do now because of the demand, and
we are finding that more nurses are willing to work with us as a result of
that," says Brian Hekman, spokesman for Cross Country, a privately held
company that reported projected revenues of $370 million for 2000, compared
with $307 million