NEWS FLASH- The Board of Directors of the Maine State Nurses Association has
voted unanimously to hold a special membership meeting on April 28th to
consider again disaffiliation from the American Nurses Association.
-------------------------
FOR IMMEDIATE RELEASE
February 14, 2001
Contact: Julie Pinkham, RN (781) 830-5729 or (617) 901-1948 (Cell Phone)
David Schildmeier (781) 830-5717 or (781) 249-0430 (Cell Phone)
MNA Files Lawsuit Against Margaret Barry, Members of Committee to Preserve ANA
and the American Nurses Association For Defamation and Conspiracy
in Waging Malicious Campaign To Stop Disaffiliation
CANTON, Mass. - In response to a series of baseless and inflammatory
lawsuits, as well as the publication of knowingly false and misleading
information calculated to discredit and defame the leadership of the MNA, the
MNA has filed counterclaims in both state and federal courts against Margaret
Barry and other members of her Committee to Preserve ANA Affiliation for
alleged defamation and for conspiring with the American Nurses Association in
waging a campaign designed to prevent the MNA from pursuing its legal right
to disaffiliate from the ANA.
"The lawsuits we have filed are in response to a vicious and shameful smear
campaign initiated by the American Nurses Association, working in concert
with a disgruntled minority of MNA members led by Margaret Barry, who are
opposed to MNA efforts to break from the American Nurses Association
federation," said Julie Pinkham, RN, MNA Executive Director. "It is clear
that ANA will do almost anything, including engage in the lowest form of
gutter politics and deceit to stop MNA members from exercising their
democratic rights to vote for independence from the ANA."
Over the last two months, Barry, along with other MNA members, including
Janice Boutotte, Annie Lewis O'Connor and Judy Sweeney have filed lawsuits in
state and federal courts, accompanied by press releases and statements from
the American Nurses Association that attempt to discredit the current
leadership of the MNA and legally prohibit the MNA Board from pursuing
disaffiliation. Each lawsuit has sought to enjoin the MNA from expending
funds to promote disaffiliation from the ANA, and each action failed to win
such an injunction. It is important to note that all of the cases are being
argued by a Washington, D.C.-based attorney believed to be affiliated with
the ANA, which stands to lose more than $1.2 million a year if MNA
disaffiliates. The ANA is based in Washington, D.C.
Most recently, Barry and other members of the Committee to preserve ANA, were
widely featured in a series of inflammatory articles published in the ANA's
national publication, The American Nurse, which is circulated throughout the
entire ANA federation of state nurses associations. The articles made wildly
false characterizations of the new leadership of the organization and
misrepresented what transpired at the first vote for disaffiliation and the
first Board meeting following the vote. These false claims and statements
were also made in mailings to MNA members in recent weeks, and were even
repeated in a recorded message delivered by a telemarketing company to many
thousand MNA members. Nearly all of these activities and materials
originated from Washington, D.C.
The MNA counterclaims charge Barry with engaging in a calculated effort to
deliberately defame and damage the reputation of the MNA leadership in the
hopes of chilling MNA leadership efforts to hold a successful disaffiliation
vote on March 24th. The suits charge Barry, along with the other parties to
lawsuits, with conspiring with the ANA in forming a "common design or
agreement to defame and discredit the MNA and its officers and directors; and
to file frivolous, malicious and abusive lawsuits against the MNA."
The MNA lawsuits allege these legal actions were "funded by the ANA" and were
filed for "the ulterior purposes of chilling MNA's speech and deterring it
from vigorously campaigning for disaffiliation." The suite further charges
that those filing the lawsuits against MNA did so with the understanding that
they had little chance of success.
The MNA's claims have been supported by a recent ruling in Norfolk Superior
Court concerning the case brought by Janice Boutotte against the MNA. The
judge rejected the plaintiff's call for a temporary restraining order, citing
her belief that case had little likelihood of success, as well as the fact
that granting the injunction would do irreparable harm to the MNA.
Background on Issue
Last year, members from a variety of leadership groups within the
organization campaigned for a change in MNA bylaws calling for the MNA to
disaffiliate from the ANA. The Board of Directors of MNA voted in favor of
this measure. Over a four month period, town meetings were held across the
state and a debate on the issue was conducted among the membership.
On November 9, 2000, more than 62 percent of MNA members attending the
organization's annual business meeting voted in favor of the split from ANA.
However, the vote fell just 4 percentage points (49 votes) shy of the
supermajority required under MNA bylaws. Following the vote, a grassroots
movement started immediately within a number of MNA represented bargaining
units urging the MNA leadership to pursue disaffiliation as quickly as
possible.
In December, the Board of Directors reaffirmed its commitment to pursue
disaffiliation, and made changes in staff to support this effort. A minority
group on the board including the sitting president and four board members
resigned in protest and left the meeting. The Board then appointed
replacements for the vacant seats in strict adherence to the MNA bylaws. Each
and every action taken by the Board was reviewed by MNA legal counsel to
ensure nothing was done to in any way violate MNA bylaws or policies.
Despite the facts of the matter, some of those who resigned their posts since
joined with others who support affiliation, as well as the ANA to
misrepresent these events in an effort to discredit the new MNA leadership.
In January, the Board of Directors of MNA, with the support of a number of
the MNA's principal leadership groups, voted unanimously to support
disaffiliation and scheduled a special business meeting for the membership of
MNA to vote on the issue once again. The meeting has been scheduled for March
24, 2001 in Mechanics Hall in Worcester, Massachusetts.
David Schildmeier
Director of Public Communications
Massachusetts Nurses Association
800-882-2056 x717 (Within Mass. only)
781-830-5717
781-821-4445 (fax)
781-249-0430 (cell phone)
508-426-1655 (pager)
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ANA Faces Another Form of Disaffiliation Vote --
This Time From Its Own Employees
ANA Employees To Take Strike Vote Today (2/14/00)
The American Nurses Association, which purports to be an effective national
union for nurses through its union arm - The United American Nurses - seems
to be having trouble managing its own affairs. The unionized staff of the ANA
today announced their intention to vote to strike. It appears the ANA does
not practice what it preaches, which is precisely why the Massachusetts
Nurses Association is seeking to disaffiliate from the ANA Federation in
March. While the ANA is treating its own employees with disrespect, it has
spent hundreds of thousands of dollars on lawyers and outside consultants to
conduct a malicious campaign to slander the Massachusetts Nurses Association
and use the lowest form of gutter tactics to stop the MNA from leaving the
ANA. It is becoming increasingly clear that the ANA acts more like the
managers and administrators unionized nurses do battle with every day than
the national union they claim to be.
Below is a press release from the union representing the staff of the
American Nurses Association:
News Release
For Immediate Release
February 14, 2001
Contact: Christine Byrams, 240-988-5870
STRIKE SEEMS IMMINENT AT ANA
Employees Frustrated as Negotiations Fail
Washington, DC - After 10 days of contract negotiations, American Nurses
Association (ANA) employees are prepared to strike as a last resort to get
management to take their demands seriously. ANA is the national voice for 2.6
million registered nurses and houses the largest labor union for registered
nurses - United American Nurses. With the current employee contract ending on
February 14, negotiations have been slow and management has been resistant to
several proposals brought forth by Washington-Baltimore Newspaper
Guild/Association Staff Union (WBNG-ASU) representatives. Employees are
asking for fair opportunities for advancement, fair compensation and
improvements in their benefits package.
"It's ironic that ANA portrays itself as a strong advocate for improved
working conditions for nurses - yet they are ignoring the problems within
their own workplace," said WBNG/ASU President Christine Byrams. "We want ANA
to be as committed to its employees as it is to the nurses they represent."
ANA employees formed a union in 1994, the Association Staff Union (ASU), in
order to address internal workplace concerns. WBNG-ASU has had to file unfair
labor practices to try to force management to process grievances and provide
information on the millions of dollars ANA has spent subcontracting out
bargaining unit work. ASU recently joined the WBNG in order to obtain
greater support and bargaining power. WBNG-ASU represents over 120 employees
at ANA.
Major points still on the negotiating table include:
* Promoting from within. Employees are asking ANA to promote and hire
internal staff rather than seeking outside candidates when an internal
employee is qualified.
* Hiring contractors. Employees are asking ANA to utilize internal talents
rather than hiring contractors and paying them double or more over employee
compensation.
* Increased benefits. The ANA workforce is primarily female, yet employees
receive only two weeks maternity leave. The employees' request for six weeks
paid maternity leave continues to be denied. Additionally, ANA which prides
itself on insuring the health and safety of nurses and patients, offers no
short-term disability. Even when employees are willing to pay, management
says it's too expensive and too much of an administrative burden.
* Pay raises. ANA has given management a 4 percent wage increase plus
bonuses while offering employees only 3.25 percent - with no cost of living
increase or longevity steps. Employees are asking that ANA fairly compensate
all employees - not just management.
Ironically, ANA encourages collective bargaining activities through its
national labor arm, United American Nurses. However, when ANA employees
participate in collective bargaining to improve their overall work
environment, they are met with resistance. If a contract agreement is not
reached by February 14, employees will take a vote on whether to strike.
"Employees are extremely frustrated and have voiced to union representatives
that they will support a strike," said Sheila Roit, RN. "If we can't get the
respect we deserve at the bargaining table, our management leaves us no other
option than to let them fend for themselves."
David Schildmeier
Director of Public Communications
Massachusetts Nurses Association
800-882-2056 x717 (Within Mass. only)
781-830-5717
781-821-4445 (fax)
781-249-0430 (cell phone)
508-426-1655 (pager)
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NEWS FLASH: The union representing the employees of the American Nurses
Association has voted to strike ANA, giving the Association a ten-day strike
notification.
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Originally Published Thursday, February 15, 2001 in the Bureau of National
Affairs
California Nurses Union, Catholic Healthcare Sign Accord Setting Process for
Organizing
SAN FRANCISCO--The California Nurses Association and Catholic Healthcare West
have signed an organizing and recognition agreement that establishes a
framework for the union to organize unrepresented registered nurses at CHW
facilities.
CNA currently represents some 5,000 nurses at CHW facilities in California,
the largest number of union-represented employees in CHW's three-state
system. Another 1,000 CHW nurses among a total nursing workforce of 13,800
are represented by other unions, said Marilyn Morrish, vice president of
employment and labor relations for CHW. CHW operates facilities in Nevada and
Arizona as well as in California.
The agreement ensures CNA access to nurses during organizing campaigns and
establishes a process that allows the union to call a representation election
supervised by a neutral third party or by the National Labor Relations Board.
Also as part of the agreement, CNA and CHW pledge to work together to resolve
some of the problems facing health care, namely the nursing shortage and
quality of care issues.
While the collective bargaining agreement has to provide a very competitive
salary and working conditions, Morrish said, "ultimately nurses are
professional health care people, and they're very concerned about how they
can practice their profession, how they can advocate for their patients, and
how to provide the very best possible care."
Those are "the kinds of things that will make us more attractive and we think
we can work with CNA to uncover new ways of making sure that happens,"
Morrish said. "And we also think we can find new ways to create access to
nursing education for people who want to become nurses" but for whatever
reason may not be able to, such as family responsibilities, she said.
CNA Executive Director Rose Ann DeMoro said the agreement "is very timely
because I think we're reaching critical mass in terms of nurses leaving the
profession."
The union has sponsored 11 town hall meetings addressing staffing and other
issues affecting nurses, "and it's the same story everywhere," with
frustration over staffing and how patient care is delivered, DeMoro said Feb.
8.
Anna Mullins, president of CHW's Greater Bay Area Division, said the parties
over the long term can work on the "tremendous shortage we have with nursing.
This is an opportunity for collaborative efforts to promote a greater supply
of nurses" and work on models to increase care.
Health care restructuring, the move toward ambulatory care, declining medical
reimbursements, and more nurses retiring than entering the profession are
combining to create a health care staffing crisis. A state legislative report
last year warned that California is facing a nursing shortage and needs
17,000 nurses to graduate in the next five years just to maintain its current
nurse-population ratio.
Organizing Process Bars Coercion
The pioneering agreement, signed Feb. 9, prohibits both union and management
representatives from threatening, intimidating, coercing, or promising
special benefits during organizing campaigns. The agreement allows CNA access
to at least one bulletin board at any facility being organized, as well as
access to nurses within public areas without employer interference.
It also calls for unpaid leaves of absence for up to four months for one
registered nurse at any facility where CNA is organizing and for up to four
nurses at CHW facilities where the union is already recognized as the
bargaining agent.
The representation process spelled out in the agreement can be triggered by
CNA with a minimum 30 percent showing of interest in union representation
among an appropriate group of CHW nurses. CHW may request verification of the
numbers by a neutral third party who will use National Labor Relations Board
policies and guidelines to verify within five days the union's claim of
interest.
Once the 30 percent threshold is met, CNA must call for an election within 90
days by either filing a petition with the National Labor Relations Board or
calling for a nonboard vote to be scheduled. Once an election is called for,
it must be held within 45 days. Costs will be split equally.
Elections conducted outside NLRB procedures will be supervised by a neutral
party recommended by the Federal Mediation and Conciliat