Message from MNA Director of Public Communications (Thursday evening):

Today was a great day for nurses, and MNA nurses. Not only did we win the St.
Vincent Hospital Nurses Strike, but our members and allied nursing
organizations also took on the Board of Registration in Nursing for their
overreaching policies, their punitive approach to staff nurses, and their
failure to hold the industry and nursing administrators to the same standards
they hold staff nurses. Kudos to the (MNA) Department of Legislation and
Government Affairs, and hats off to the Joint Committee on Government
Regulations for their willingness to call the BORN to task.

See the story below published by the State House News Service, and share this
with your email networks.

David Schildmeier
Director of Public Communications
Massachusetts Nurses Association
800-882-2056 x717
508-426-1655 (pager)
dschildmeier@mnarn.org <mailto:dschildmeier@mnarn.org>

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

Nurses Protest New Conduct Code; Regulators Agree To Look Closer

State House News Service
May 11, 2000
www.statehousenews.com <http://www.statehousenews.com>
By Elisabeth J. Beardsley, STATE HOUSE NEWS SERVICE
Elisabeth@statehousenews.com <mailto:Elisabeth@statehousenews.com>

STATE HOUSE, BOSTON, MAY 11, 2000......Attempts by regulators to update and
expand the state's 14-year-old nursing disciplinary code brought dozens of
nurses to the State House today to protest that they are being denied due
process and that regulators are "overreaching" their authority.

The Board of Registration in Nursing (BORN) has proposed new regulations that
primarily codify existing disciplinary practices, while adding two
controversial new provisions. The first, called "summary suspension," allows
the board to immediately - without a prior hearing - suspend a nurse's
license when the board judges that the nurse's conduct presents an immediate
danger to patients.

The second disputed proposal would require "mandatory reporting" among nurses
who directly observe their colleagues abusing patients, practicing under the
influence of drugs or alcohol, or diverting controlled substances in the
workplace.

The board first promulgated the new regs last summer and vetted them through
three public hearings in September. Nurses were still dissatisfied, so the
regs were substantially re-written at a board meeting last night. A current
version of the proposed regs will not be available until next week at the
earliest.

At a Government Regulations Committee oversight hearing today, Massachusetts
Nurses Association President Karen Daley called the proposed regs
"overreaching and ambiguous," and said the board lacks statutory authority to
do summary suspensions. She added that the board can't handle its existing
workload, much less an increase expected to result from the regs. "I am
asking you to allow us another public comment period so this document and its
words are as unambiguous as possible, so that the authority assumed by the
BORN is consistent with statute, so that due process and the livelihood of
good, competent, dedicated nurses is protected and so the health and safety
of patients is truly served," Daley said.

Dava Feltch, a Boston attorney who specializes in health care law, said a
professional license is a "property interest" that cannot be taken away
without due process. She said the board's proposal of a hearing within seven
days of summary suspension is unacceptable. "The board is not empowered,
either expressly or implicitly, by any statute, regulation or precedent,"
Feltch said.

The board argues that it has the power of summary suspension as a result of a
1987 Supreme Judicial Court case that gave that power to the Board of
Registration in Medicine to protect the "public health, safety and welfare."
The Division of Registration has already applied the SJC decision to the
boards of registration in pharmacy and dentistry, whose licensees did not
protest.

"The development of public policy is always a balancing between public rights
and private rights," said Michael Brooks, general counsel and deputy director
for enforcement for the Division of Registration.

In light of the nurses' strike at St. Vincent's Hospital in Worcester, many
of the nurses - and lawmakers - at today's hearing were concerned about
proposed regulatory language that makes "patient abandonment" grounds for
summary suspension. The regs define abandonment as leaving a patient
unattended without "reasonable notice."

Secretary of State William Galvin said the main sticking point in the
Worcester strike negotiations is whether nurses should be subject to
mandatory overtime. Galvin said that under the board's proposed regs, a nurse
who refused to work mandatory overtime could be exposed to a charge of
"abandonment" and therefore summary suspension - a "very significant
sanction," Galvin said.

"My concern is that the language be clearly indicative to not include the
refusal of mandatory overtime in the suspension of nurses," Galvin said.
"Very definitely, this is a test case for Massachusetts and the rest of the
country."

BORN Executive Director Theresa Bonanno said the intent of the "abandonment"
clause is to make sure that patients, especially in nursing homes and smaller
facilities, are not left alone if one shift of nurses leaves and the next
shift fails to show up. "The intent is the exact opposite of the effect
because the nurses, I guess, are asked to do this (mandatory overtime) and
they're very sensitive about it," she said.

Committee co-chairman Sen. Michael Morrissey (D-Quincy) prodded board members
to add language giving some "weight" to nurses who have completed their
scheduled shifts. "We don't want to encourage patient abandonment," he said.
"We also don't want to hold nurses hostage."

Health Care Committee Co-chairman Rep. Harriette Chandler (D-Worcester), who
attended the hearing, told board members that if staffing is the problem,
then more responsibility should be placed on the employer. "There is an
abandonment issue on the part of the hospital that does not staff properly
and puts the nurses in this position," she said.

The proposed mandatory reporting regulation caused enough of a stir,
particularly among therapists who work with nurses who have substance abuse
problems, that the board last night made changes to afford some privacy
protections. Jan Kauffman, a registered nurse for 28 years and the director
of a substance abuse treatment program, said recovery would be impossible if
nurses feared being reported. She added that prior to the revisions, it was
unclear whether she would be required to report her clients.

"If nurses cannot in a safe way talk about the slips and relapses without
fear of being reported, without fear of further sanctions, then the nurses
will actually be pushed underground," Kauffman said.

Galvin, whose office manages the public airing of all regulations, added that
because the board has substantially revised the proposal, "these regulations
need to be completely aired again." The board last night voted to open
another two-week comment period. The committee today demanded -and the board
agreed - to a 30-day period with the possibility of another hearing.

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

Date Set for Ratification Vote:

The nurses will hold a ratification vote for their contract on Thursday. That
night, May 18, 2000, we are holding a celebration for the nurses at Sh' Booms
Nightclub, 215 Main Street, Worcester, MA from 5 - 9 p.m. Come join the
party and share the joy of these courageous nurses. Tickets are $10 and
include a buffet dinner and disc jockey entertainment. You must be 21 or
under to enter.

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

Some Reactions to Settlement:

May 11, 2000

A message to the St. Vincent RNs and the Massachusetts Nurses Association

Our heartiest congratulations on your historic triumph

We are incredibly proud of your courage, your resilience, your steadfast
determination, and your indomitable spirit. Nurses across the nation have
watched your heroic fight with admiration. You selflessly challenged one of
the most powerful for-profit corporations in America, and achieved an
inspiring victory for nurses and patients everywhere. At a time of
deteriorating patient care conditions when conglomerates like Tenet
Healthcare Corporation insist that nurses work forced overtime hours in short
staffed hospitals, you have shown us all that it is possible to take a
principled stand - and win. At St. Vincent Hospital/Worcester Medical Center,
you have demonstrated the finest expression of patient and RN advocacy. We
are especially pleased to have supported your struggle, and look forward to
joining forces with you to an even greater extent in the future.

In Solidarity,
The California Nurses Association Board of Directors

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

Sandy,

This is so amazing, I'm overwhelmed!!! Kudos to everyone for a job VERY well
done!!!! WOW, WOW, WOW!!!!!!!!!!!!!!

Laura Delaney (Boston Nurse Activist)

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

NOW what are you going to email me about?!! (Kiddin'--like there are no other
issues?!) I'm very happy for the nurses there. We (MNA) should send them a
cake or something.

Norma Ouelette (North Shore Nurse Activist)

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

Sandy,

Congratulations to the nurses - I have never been prouder to be a nurse!

Catherine DeLorey (Boston Nurse Activist)

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

Hooray! And bravo to all of you! We loved being with all of you on Sunday,
and we pay tribute to your incredible courage and effort.
Sue and Chip (clinical psychologists & health reform leaders)

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

To the Nurses of St. Vincent Hospital/Worcester Medical Center, to the
"Whistle Blowers" and all responsible for getting the legislation passed, and
for members of the BORN Reform Committee..... [The picture or image contained
in this e-mail cannot be viewed using this version of AOL.] (Ed.'s Note: I
hope it wasn't censored! -- SE)

Teana Gilinson

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

CONGRATULATIONS! to MNA and the nurses at St Vincents!
I've been keeping track of their struggle through your e-mails. Isn't e-mail
wonderful!

Mary Ellen Imdieke (past president of Minnesota Nurses Association)

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

HOORAH! Well done.

Paul Ling (clinical psychologist & health reform leader)

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

Dear St Vincent Nurses,

Congratulations on your terrific win! We are as proud of your historic
achievement. It gives heart to nurses around the world facing similar market
driven health initiatives.

All at the Queensland Nurse's Union in Australia send our congratulations and
best wishes.

We look forward to further updates and we will advise members of the result
thus far and your member's response.

In solidarity,

Beth Mohle
Project Officer
Queensland Nurse's Union
Brisbane, Australia

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

Subj: [UnionTalk] Good Nurse News
Date: 00-05-11 19:03:16 EDT
From: BAKMBoston@aol.com
Reply-to: UnionTalk@egroups.com
To: UnionTalk@egroups.com

I am sending this message as I think it is always good to share EMPOWERING
news. Besides the fact that 20 negotiating St. Vincent nurses are now in
Washington at Senator Kennedy's office chatting with the CEO of Tenent, I
want to share some other good news.

Tuesday, (Massachusetts Governor) Paul Cellucci held a press conference in
his office which was well attended by the media (unfortunatly, and oddly, it
was not covered in the Globe and Herald, what is that all about?) But it was
well attended too, by many staff nurses who had at some time blown the
whistle or spoke out in their work place and made dramatic changes by doing
so. Cathleen Kyle and I were there as well and met the Governor. Although I
am not impressed with
that sort of thing, to see the office filled with wall to wall nurses was a
sight to behold. The fact that the legislation was written by, and the direct
result of registered nurses ... was really exhilirating. Nurses achieved yet
another major accomplishment for nursing and patients by working together
despite BIG obstacles and pressure by those such as the hosptial industry and
our own Massachusetts Organization of Nurse Executives.

The Massachusetts Nurses Association and individual staff nurses once again
changed a little, but significant, part of the world. Unity was the key.

Additionally, the Massachusetts legislature held an historic first today,
when they held an oversight hearing to examine how the Massachusetts Board of
Registration in Nursing handles complaints and it's proposed new regulations!

The hearing room was packed as the red faced Massachusetts BORN was gathered
in almost it's entirety in a valiant, yet HUMBLE and somewhat limp, show of
solidarity. Staff nurses, reps from the Massachusetts Medical society, nurse
attorneys, and nurses representing specialty nurses associations offered
testimony to the legislators which highlighted the Massachusetts Board of
Nursing's incompetence (IMO) and proposed Standards of Conduct for nurses.
Some of the questions posed to the BORN by the legislative committee were
around employer responsibility vs. staff nurse accountability. The BORN was
asked why they felt it should be the nurse's responsibility to do mandatory
overtime? The BORN replied that it was about patient care continuity, and
yadda yadda. The legislators then noted that hospitals and the Massachusetts
BORN can secure and license a couple hundred replacement nurses within three
days from Denver, Colorado, why can't they have a staffing plan safety net in
place for a few sudden sick calls? This drew loud applause from the
galleries. Several questions by the legislators elicited applause from the
attendees. The BORN was left speechless more than once. The only testimony in
support of the BORN was offered from the Massachusetts Organization of Nurse
Executives. Hmmmmm? The day ended with a crescendo by a nurse attorney who
gave brilliant testimony which included a demand that when individuals who
are themselves licensed registered nurses act punitively against staff
nurses who are fulfilling their legal and professional obligations, then
Massachusetts Board of NURSING must follow the law and generate their OWN
complaint against the licensed nurse acting in a role as a manager or
executive!!

This again was a result of the influence and power staff nurses have when
they are UNITED and unmovable and assume leadership stances and roles. Big
credit goes to the work the pressure created by Massachusetts BORN Reform
Committee and the MNA Cabinet on Labor and to all of you who helped our
efforts by writing letters, calling, and coming to demonstrate at the BORN
headquarters. I want to thank each one of you who supported Massachusetts
staff nurses on this issue. And it's not over yet. THANK YOU again!

Barry Adams

(Ed.'s Note: Barry is known in some circles as 'Mr. Whistleblower.' To get
the full background on his efforts to win justice before the Massachusetts
Board of Registration in Nursing, go to the web site of the Florence Project
<http://www.florenceproject.org>. To get the background on the case of nurse
whistleblower Cathleen Kyle, go to her web site <http://www.mghq.com>. For a
full discussion of efforts by Massachusetts nurses to reform the
Massachusetts BORN, go to the Born Reform page of the MNA web site
<http://www.massnurses.org>. -- SE)

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

For the longest time I thought of nursing in terms of this poem I learned in
high school:

We the will, led by the unknowing, are doing the impossible, and have done so
much, for so long, with so little, that we are now qualified to do anything
with nothing.

Today it seems that the powers that be have awaked a sleeping giant in the
nurses of Mass. We are kicking butt and taking no prisoners. We have suffered
in silence long enough. We have learned that with hard work and dedication to
ourselves, our patients, and most importantly to each other we can do
anything we set our minds to do. I am proud to be counted as one of the
soldiers in this army and I can not wait to get to work on the rest of the
profession. We have done with out for too long and I guess finally we are
saying we are not willing to do anything with nothing anymore. Its been a
long time coming but a change is going to come!!! YEAH US!!!!

Joe-Ann Fergus (co-chair of Boston VNA MNA local bargaining unit)

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

Go Girl! Today is a good day. Let us relish it. BORN and Tenet stand shamed
and staff nurses stand proud. The MNA is a multi-purpose organization that
reflects our diversity and our strengths. God Bless it for enriching our
lives, making our patients safer and being kickass great.

Jim Moura (co-chair, Quincy Medical Center MNA local bargaining unit)

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

Sandy, congratulations to you and to the nurses at St. Vincent's
Hospital/Worcester Medical Center on a great victory!! It was a relatively
long, drawn-out struggle, but the important thing is it's over now and MNA
won. Of course, it's not really over unless and until the rank and file
approve the settlement in their ratification vote, but it seems like a very
good contract, so I bet they will vote to ratify it. We've made some progress
in our own negotiations recently. I hope you have a nice celebration after
the ratification vote, and I hope it makes front-page news in the "Akahata
Shimbun!"

In solidarity,

Greg King (Boston rank-and-file activist in SEIU Local 285)

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

Dear Sandy (Ellis),

I want to congratulate you and the nurses of your committee for the
leadership and sacrifice you have demonstrated. Few have stood by their
convictions in quite the same way as you all have. I was ecstatic as I
watched the news and saw your triumphant return from DC. As Co-Chair at
Quincy Medical Center I wish to extend our thanks to every nurse at St.
Vincent Hospital for the courage and principled actions you have taken. As I
am sure you have learned it is lonely on the line and you often feel bereft.
Your experience and knowledge will be sought as others struggle to accomplish
what you have done and to maintain the energy to persevere.

Today is a good day. I am proud to be a member of MNA and a colleague of you
all. God Bless you.

Jim Moura RN
Co-Chair
QMC MNA

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

To All of You (MNA elected leadership & staff),

I want to thank each of you for the extrodinary work and leadership that you
have demonstrated during the nurse's struggle at St. Vincent Hospital. As a
member of MNA and of our union I know that your efforts were indispensable to
the success at the table for these nurses. Their victory grew out of their
own courage but your teaching and support helped them find the power within
to beat the bastards.

Blunt as that is it is the truth. One cannot help to feel some sense of pride
and solidarity with those nurses in their victory. You make me proud to be in
our union and a member of MNA.

Jim Moura

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

Sandy,

This message was sent to massnurses.org by an SP member, Michael Hewitt, who
is a rank and file baggage handler for American Airlines, of IAL Local
1726... perhaps you didn't get it...

Bill Shakalis SP/Boston...

Dear Fellow Workers,

I applaud you and thank you for holding the line against a greedy corporation
who's (obvious) only concern is increasing profits at the expense of it's
workers and the very patients those workers are employed to care for.

I am an airline baggage handler, a member of IAMAW Local Lodge 1726 and a
member of the Socialist Party/Boston Area Local. I see clearly the truth of
the slogan "An injury to one is an injury to all." Your strike is important
to all workers everywhere.

I have been posting updates on your strike in my workplace in an effort to
encourage support and maintain an awareness of your ongoing struggle.

I plan to join you on the picket line this afternoon along with a few (7-12)
of my coworkers, members of the IAMAW and the CWA (The Communications Workers
represent a separate bargaining group at our work site).

Keep the union strong!

In solidarity,

Michael Hewitt

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

Dear Sandy,
I haven't written to you directly until now, but I wanted to let you
know that I have appreciated the information you have sent regarding the St.
Vincent nurses' strike. I went one Friday to stand with them because I felt
that staffing is the most important issue affecting nurses and their patients
today. It was wonderful to see the support that they had from the town and
heartening to read in a posting from you that the Fallon MD's had finally
risked their relationship with the hospital administration by sending some of
their surgical patients to another facility. Our patient's welfare is in our
care. I'm proud of my fellow nurses who chose to stand and raise their voices
as advocates for safe staffing!
Thanks,
Gale Denis RNC, LCCE, IBCLC

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

I CAN ONLY SHARE MY FEELINGS ABOUT THE STRENGTH AND COURAGE OF THE ST.
VINCENT'S NURSES. YOU HAVE SPENT 42+ DAYS WALKING IN THE COLD, RAIN, HAIL AND
THUNDER STORMS FIGHTING TO PROTECT BOTH PATIENTS AND NURSES. YOU, THE
COMMUNITY OF WORCESTER, THE MAYOR, AS WELL AS SEN. KENNEDY AND CONGRESSMAN MC
GOVERN ARE HEROES FOR WHAT YOU HAVE ACCOMPLISHED. YOU WON FOR ALL OF US. I
WILL ALSO NEVER FORGET THE SUPPORT GIVEN TO YOU BY SO MANY IN AND OUT OF THE
NURSING COMMUNITY THROUGHOUT THE WORLD. IT HAS BEEN AWE INSPIRING.
CONGRATULATIONS TO ALL AND THANK YOU FOR ALL YOUR HARD WORK.


KAREN HIGGINS RN (Chair, MNA Cabinet for Labor Relations)

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

Hi Sandy,
Thank you for all your updates these past weeks.
Thank you and all your nurses for your hard work and perseverance that has
started to change the coarse of nursing for now and the future.
We are all very proud of you and your group. Now is time for all nurses to
stand up for themselves and the patients we care for. Without people like
you we would be all lost.
Thank you again.
Congratulations,
Nadine Casey, RN (chair, Worcester Public Health MNA local bargaining unit)

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

I called the offices of Sen. Kennedy and Rep. McGovern today to express my
appreciation for their support of the St.Vincent nurses and the role they
played in settling the contract. The staff people who answered the phone were
most appreciative of my call. If you'd like to call and express your thanks,
the numbers are:

Sen Kennedy: 202-224-4543 (DC) FAX - 202-224-2417
617-565-3170 (MA) FAX - 617-565-3183

Rep.McGovern: 202-225-6101 (DC) FAX - 202-225-5759
508-831-7356 (MA) FAX - 508-754-0982

For those who attended the wonderful meeting of the Joint Committee on
Government Relations yesterday in Boston, the chairpersons of the committee
were:

Sen. Morrissey - Quincy 617-722-1494
Rep. Bosley - North Adams 617-722-2120

I expressed my appreciation for the serious attention the committee gave to
the concerns of nurses in the Commonwealth regarding the proposed regulations
of the Board of Registration for Nursing.

Teana Gilinson, RN (rank-and-file activist at Boston's Brigham & Women's
Hospital)

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

Nyack Nurses Strike Update

Nyack Strike: Day 144
Negotiations Today
May 12, 2000

Negotiators for NYSNA and management are due back to the table to resume
negotiations at 1:30 p.m. at the Orangeburg Holiday Inn. In announcing they
would take control of negotiations, members of the hospital's board of
directors have indicated they would be willing to do more than the management
team to bring this strike to a close. Although this is hopeful news, keep in
mind this is the same board that fully supported management for the first 19
weeks of this strike. It's still going to be a fight to get a resolution in
our favor over mandatory overtime, sick time, and salary increases. The best
way we can support the negotiating team is to stay together, stay on the
strike line, and to keep telephoning members of the board of directors. Check
the hotline later today for any late-breaking updates. And remember: Because
of negotiations, the Saturday Nurses Week ceremony has been canceled. We may
have a CNP meeting that night, depending on what happens at the table. Also,
there's no picketing Sunday, so that you can enjoy Mothers' Day at home with
the family.

Victory for Worcester Nurses!

Registered nurses at St. Vincent's Hospital/Worcester Medical Center won a
major victory yesterday, as a tentative agreement was reached in their
42-day-old strike. After five hours of negotiations in the Washington, D.C.,
office of Sen. Edward M. Kennedy, the nurses won restrictions to mandatory
overtime. Under the agreement, the nurses can be asked to work up to four
hours of overtime per shift no more than twice each quarter, or eight times
per year. The agreement also allows nurses to refuse overtime because of
illness or fatigue. Medical center officials said they realized it was time
to settle the strike for the sake of the hospital and the community. The
hospital also recognized that nurses are prepared to take a stand over
mandatory overtime -- with the support of the community. The tentative
agreement, to be part of a three-year contract if ratified, is identical to
the most recent proposal put forth by the union last week. If the agreement
is ratified, the nurses will start returning to work between June 1 and 11.

(Ed.'s Note: To find out how to help the Nyack, New York, nurses win their
strike, go to the Nyack Strike page on the New York State Nurses Association
web site <http://www.nysna.org/news/press00/nyack.htm>. -- SE)

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

Nurses, Tenet reach tentative deal
Overtime issue finally resolved

Friday, May 12, 2000

By Jim Bodor, Telegram & Gazette Staff

WORCESTER-- Worcester Medical Center nurses and hospital officials yesterday
emerged from five hours of negotiations in the Washington, D.C., office of
Sen. Edward M. Kennedy to announce that they had reached a tentative
agreement to end the nurses' 42-day-old strike.
Under the settlement, which must be ratified by the union, nurses can be
asked to work up to four hours of overtime per shift no more than twice each
quarter, or eight times per year. The agreement also allows nurses to refuse
overtime because of illness or fatigue.
Union officials were euphoric.
"From our standpoint, it's a total slam-dunk," said David J.
Schildmeier, spokesman for the Massachusetts Nurses Association, which
represents the nurses. "They said they would never, ever agree to a contract
with less than 16-hour shifts. Well, never, ever has arrived. This is
extremely strong language."
The 17 members of the nurses negotiating team celebrated yesterday
evening at the Dubliner bar in Washington, where Mr. Kennedy treated them to
burgers and beer.
"This is pretty fantastic," said Julie Pinkham, director of the labor
program for the association, as nurses cheered behind her at the Dubliner.
"They went ahead and agreed to all of our demands. Sen. Kennedy and Rep.
(James P.) McGovern told them, 'These nurses are right on this issue.' "
Robert E. Maher Jr., chief executive officer of the medical center, said
hospital officials realized it was time to settle the strike for the sake of
the hospital and the community.
The hospital also recognized that nurses are prepared to take a stand
over mandatory overtime -- with the support of many politicians, Mr. Maher
said.
"We came to the conclusion that we are right at the beginning of a
revolution in nursing, and we're at the front end of it," he said. "We
believe nurses throughout the United States are willing to work long and hard
to fight mandatory overtime. We could have fought back and let this drag out,
but that's not good for anybody."
With city councilors and Mayor Raymond V. Mariano holding press
conferences about the strike daily, and with nurses criticizing care at the
medical center, the pressure became too large a distraction, Mr. Maher said.
"The cost was a factor, the damage to our reputation was a factor, the
distraction of it was a factor," he said. "Every day there was a new press
conference to slam us one way or the other. We needed to recognize that this
is a national trend, and move on."
The tentative agreement, to be part of a three-year contract if
ratified, is identical to the most recent proposal put forth by the union
last week.
The details of when the nurses will return to work were still being
determined yesterday. The union hopes to hold the ratification vote by
Wednesday, Mr. Schildmeier said.
If the agreement is ratified, nurses will trickle back to work between
June 1 and 11, according to the agreement. Hospital officials said they will
spend most of next week deciding how more than 100 replacement nurses will
depart, and how to orient returning nurses to the new hospital.
Most of the striking nurses have not yet been oriented to Worcester
Medical Center, which on April 3 replaced St. Vincent Hospital, where they
formerly worked. The nurses went on strike because they objected to the
hospital's demand for the right to require up to eight hours of overtime as
often as necessary.
The hospital still retains the right, for two more years, to send home
nurses on less-busy days, Mr. Maher said. That will give the hospital the
ability to manage staffing levels with less overtime, he said. Under the
tentative agreement, the hospital will be able to send nurses home for seven
days in the first year of the contract and four days in the second year.
An investigation by the state Department of Public Health last week into
medical center operations during the strike did not play a role in the
settlement, according to hospital officials. That investigation was completed
Friday.
DPH Deputy Commissioner Paul R. Jacobsen said yesterday he was unsure
when the findings of that investigation will be made available. Earlier
reports by the department found that three replacement nurses had been fired
by the hospital for poor performance. One incorrectly handed a baby for
nursing to a woman who was not its mother. Two others left a recovering
surgical patient alone.
The surprising break in the stalemate came after Mr. Maher flew to
Washington on Wednesday to ask Mr. McGovern, an avid supporter of the
striking nurses, to broker a deal. Mr. Maher was joined by Steve Corbeil, a
senior regional vice president of Tenet Healthcare Corp. of Santa Barbara,
Calif., which owns the medical center.
The two spent six hours meeting in Mr. McGovern's office Wednesday
night, periodically talking with Mr. Kennedy and members of the nurses' team
by phone.
"They went down there to see if the congressman would get involved and
get things resolved," said medical center spokeswoman Paula L. Green. "After
last week, we didn't know where to go."
On May 4, negotiations between the hospital and the nurses broke down
after nine hours when the nurses rejected a request from the hospital to go
to binding arbitration.
The mandatory overtime issue was resolved during the Wednesday night
meeting with Mr. McGovern, Mr. Maher said. In fact, before yesterday's
session and before the nurses arrived in Washington, Mr. Maher issued a memo
to hospital staff announcing the settlement.
"We are pleased to announce that we believe we have resolved the key
remaining issues between the striking nurses and hospital management," he
wrote. "Today, we expect to announce that we have reached a tentative
agreement to end the strike."
The nurses took a 10:30 a.m. flight from Boston to Washington for
yesterday's meeting, where the two sides worked out additional issues.
The nurses won the right, for example, to negotiate working conditions
at the new center for up to 60 days. After 60 days, those issues will be sent
to expedited arbitration.
"This is an important victory today," Mr. McGovern said. "Not just for
nurses, but for patients." Mr. McGovern said he had been "cajoling" both
sides to bridge their differences.
Mr. Kennedy said the settlement will have broad implications for labor
battles over workers' rights in health care disputes nationwide.
"It sends a strong signal to other nurses and other working men and
women across the country that they can prevail if their cause is just and
they stand up for their rights," he said.
Mr. Mariano, who also was in Washington yesterday for the talks, said
that now the city can turn its attention toward healing the divisions brought
about during the strike.
"Now the job of our community is to begin to celebrate this world-class
facility," he said.
The nurses went on strike March 31 after two years of talks failed to
produce a first contract with Tenet. The strike delayed the opening of the
Worcester Medical Center by two days, but the hospital moved ahead with about
125 replacement nurses supplied by U.S. Nursing Corp. of Denver.
Roughly another 125 nurses did not participate in the strike, and made
the move to the new medical center on April 3, its first day open.
While hospital officials have repeatedly refused to report the cost of
the strike, they acknowledged that it cost thousands of dollars each week.
U.S. Nursing pays its replacement nurses up to $4,000 per week, and also pays
for their flights to a strike, and their food and lodging while there.
Hearings into a tax break given to the hospital remain scheduled for the
week of May 22. City councilors called for the hearings after raising
concerns about the number of jobs created by the construction of the $215
million medical center.
The tax agreement allows the medical center to pay roughly $40 million
less in taxes than it would have, as long as it meets certain job creation
requirements. Hospital officials say they are in compliance with the terms of
that agreement.

------------------------------------------------------------------------
Alex Canizares of States News Service contributed to this article.

© 2000 Worcester Telegram & Gazette

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

Pact could end nurses' strike

Friday, May 12, 2000

by Jennifer Heldt Powell, Boston Herald

A 42-day nurses strike at Worcester's St. Vincent Hospital could be over with
a deal facilitated by Sen. Edward M. Kennedy in Washington.

Executives of the hospital owned by Tenet HealthCare System and nurses worked
out the final details behind closed doors in Kennedy's office yesterday
afternoon.

The final proposal, which must be approved by the nurses, includes limited
mandatory overtime, which the nurses consider a dramatic victory.

``Now nurses know that there is a mechanism for standing up for themselves
and standing up for their patients,'' said Sandy A. Ellis, a nurse and
spokeswoman for the negotiating team. ``Nurses are a very powerful body and
winning for the sake of our patients is possible.''

On the picket line, nurses cheered and hugged when they heard the agreement
had been reached. If approved, the deal will end the first nurses strike in
14 years.

Kennedy and U.S. Rep. James McGovern (D-Worcester) brought the two sides to
Washington.

``This is really collective bargaining at its best. There were important
differences, but people of good will and strong commitment were able to sit
down and resolve them,'' Kennedy said at a news conference announcing the
agreement.

Under the deal, nurses can be forced to work no more than four hours of
overtime, no more than twice in a quarter. Management had sought to be able
to require nurses to work double shifts.

``This is the ultimate protection for patients' safety,'' Ellis said.
``Patients can now be assured that they will have access to nurses who are
not exhausted - nurses who are capable and competent in caring for them.''

The limits on how many times mandatory overtime can be used forces the
hospital to hire adequate staff, she said.

St. Vincent President Robert Maher said he is eager to move on.

``We're thrilled to have the contract finally negotiated,'' he said. ``It was
a very grueling process with many issues.''

If the deal is approved by the striking nurses, they could be back to work
within 30 days. They will return to their jobs in a new location. The
hospital made the move shortly after the strike began.

``We're delighted to bring back the striking nurses to do what we're all
interested in doing, which is taking care of patients,'' Maher said.

The two sides previously agreed to wage and salary changes, including the
creation of a wage scale. Salary increases are now determined by performance.
With the new system, they will be determined by years of experience.

Copyright by the Boston Herald

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

Pact reached in strike of Worcester nurses

By Diane E. Lewis, Globe Staff, 5/12/2000

With Senator Edward M. Kennedy acting as an intermediary, negotiators for
Tenet Healthcare Corp. and striking nurses at St. Vincent Hospital in
Worcester hammered out a three-year contract yesterday, ending a bitter
six-week dispute over mandatory overtime.

The contract, hailed by the Massachusetts Nurses Association as a ''huge
victory,'' limits mandatory overtime at the facility to no more than four
hours twice every three months or eight times per year. The agreement also
gives union members the right to refuse specific overtime assignments. The
hospital had sought up to an extra eight consecutive hours of mandatory
overtime during peak admission periods, or up to a 16-hour shift.

Over the past five years, overtime has become a key issue among hospital
administrators, who say it offers a safety net when several nurses are out
and hospital beds are full.

Nurses argue, however, that employees whose shifts exceed 12 consecutive
hours are more likely to become fatigued and make serious mistakes. They say
hospitals should consider hiring more nurses to ensure appropriate staffing
levels.

In a written statement yesterday, Kennedy said the outcome demonstrated that
unions are still strong in Massachusetts. ''The St. Vincent nurses stood up
for what was right,'' he said. ''Public support for their cause was strong
and rightly so.''

A disappointed Robert Maher, president and chief executive of St. Vincent
Hospital at Worcester Medical Center, credited Kennedy with bringing the two
sides together during a strike that garnered public sympathy for the nurses
and threatened to sully the hospital's reputation as a top-notch facility.

''I feel like we've gotten a contract that will allow us to get our nurses
back,'' said Maher. ''The senator played an important role in getting this
thing finalized, and in getting us back to the table.'' Maher also credited
US Representative James McGovern, a Worcester Democrat, with making daily
calls urging both sides to negotiate.

Dissatisfaction

Maher said that while he was not happy with the compromise he would ''find a
way to live with it.''

''Four hours is not what we want,'' he said. ''Can we live with it? Well, we
are going to find a way to live with it. We were more than 40 days into this
strike, and someone had to make a move to end it. We do not need to tarnish
the image of St. Vincent's any longer. It is a wonderful hospital, and it has
a wonderful reputation.''

Kennedy, who had appeared at a nurses' rally, brought the two sides together
for brief talks Wednesday and suggested the dispute might be more easily
resolved outside the Worcester area. Shortly after 10 a.m. yesterday,
negotiators for both sides flew to Washington, D.C. Besides the regular
negotiators for both sides, a representative from Tenet - the for-profit
health care company that owns St. Vincent and Worcester Medical Center - also
attended yesterday. Kennedy did not mediate talks but provided the neutral
meeting place. A settlement was reached at 3 p.m.

Celebration

Outside Worcester Medical Center yesterday afternoon, cars honked in support
as 75 picketing nurses cheered. OfSt. Vincent's 535 full-time nurses, all
initially went on strike, with about 110 later crossing the picket line.
David Schildmeier, a spokesman for the Massachusetts Nurses Association,
popped a bottle of champagne ''in honor of a huge, huge victory.''

''Two weeks ago, the head of Worcester Medical Center said there would never,
ever be a contract with less than 16 hours of mandated overtime,'' said
Schildmeier. ''But now here we are with a contract specifying no more than
four hours of overtime. Plus nurses have the right to refuse if they are
tired or ill.'' Before the strike, overtime was instituted on a voluntary
basis.

Rosemary Stone, a 48-year-old intensive care nurse, was walking the picket
line when news of the settlement broke. She had ''faith in our negotiating
team and Senator Kennedy,'' she said. ''I knew that once Senator Kennedy
stepped in and the mayor of Worcester stepped in and started working behind
the scenes it would make a difference.''

Pay issues

Aside from overtime, the two sides agreed to develop a pay scale for all
nurses at the facility. Currently, pay raises are determined by department
heads and managerial staff, resulting in widely varying salaries. ''This
should help to equalize the pay,'' said Sandy Ellis, a member of the MNA
negotiating team. The contract is scheduled to be ratified sometime next week.

By all accounts, yesterday's compromise marked a significant shift by Tenet,
which had proposed that nurses at the approximately 290-bed facility could
work up to 16 hours straight with double the hourly pay. Negotiations had
broken off three times during the strike because of tensions over Tenet's
proposals.

Management's second plan would have allowed the hospital to send nurses home
when admissions dropped and mandate overtime when admissions picked up. Under
this plan, the nurses would have received no pay for the time they were not
working, but would have been allowed to draw on vacation time.

But over the past few weeks, both the company and the hospital were
criticized by the community and nursing and labor groups that objected to the
overtime plan. Several rallies were held outside the facility to call
attention to the strike, and the grandson of a patient appeared on local
television to complain about the care his grandmother had received.

Then, last week Fallon Community Health Plan began sending day-surgery
patients to the Worcester Surgical Center on Grove Street. A Fallon spokesman
said doctors were having difficulty scheduling day surgeries at the
strike-bound medical center.

Days later, the state Department of Public Health reported three replacement
nurses Tenet had hired through temporary agency US Nursing Corp. had been
fired. Two nurses among the 125 replacements hired by Tenet were let go after
they left a surgical patient unattended. A third was asked to leave after
giving a newborn to the wrong mother for nursing.

Concerned about those mistakes, a group of Worcester area legislators filed a
bill this week requiring stricter review of temporary or replacement nurses,
including criminal checks. Another bill would permit patients at strike-bound
medical facilities to move elsewhere without the threat of losing health
insurance coverage.

This story ran on page A01 of the Boston Globe on 5/12/2000.
© Copyright 2000 Globe Newspaper Company.

Previous Worcester Strike Bulletins:

• May 12
• May 11
• May 10
• May 9
• May 8
• May 6-7
• May 5
• May 4
• May 3
• May 2
• May 1
• April 29-30
• April 28
• April 27
• April 26
• April 25
• April 24
• April 22-23
• April 21
• April 20
• April 19
• April 18
• April 17
• April 14-15