New Haven Independent: He Lied -- & Was "Credible"

He Lied — & Was “Credible”

by Paul Bass | December 20, 2006 1:52 PM | Permalink | Comments (10)

(updated) This Yale-New Haven Hospital honcho warned workers that joining a union could cost them incentive pay. An arbitrator caught him spreading false information — and forced him to apologize to his “fellow employees.” However, the arbitrator also found the honcho to be a “credible witness” overall, more so than his accuser. It’s a case that both sides can interpret as bolstering their case in the newest phase of the battle between the hospital and union organizers.

The honcho is Steve Merz, Yale-New Haven’s vice president for administration.

His forced apology reflects a larger public-relations offensive now underway as the dispute between the hospital and organizers of an eight-year-old union drive enters a new phase.

This phase will determine how a planned election takes place to decide whether the hospital’s 1,800 blue-collar workers will form a local of the Service Employees International Union (SEIU) District 1199.

An election was supposed to take place this week. Then, in the final weeks before the election, hospital managers suddenly started luring workers to “captive meetings” to scare them into thinking their pay or benefits or jobs were in jeopardy if they voted to form the union. Those meetings violated a code conduct between the hospital and the union over terms for waging the campaign. The meetings also violated the law, a neutral arbitrator chosen by both sides found. Key to the agreement was a promise that neither side would spread false information about the other (such as potential loss of pay or benefits). So the National Labor Relations Board postponed the election while charges associated with the hospital’s 11th-hour campaign can be investigated.

Enter the new phase.

The union, backed by outraged community leaders like Mayor John DeStefano, charges that the hospital launched a deliberate plan to hold 200 such meetings. They argue that the meetings so “poisoned” the workforce that a fair secret-ballot election is no longer possible. Therefore they’d prefer a “card-check” process, in which organizers need merely to get a majority of workers to sign cards approving the union. Unions like that process, since it’s tilted in their favor. Managements hate it.

Hospital management is trying to convince people that the meetings were isolated incidents perpetrated by rogue lower-level managers, that management put a stop to them when it “found out” about them. Based on that argument, management wants to return to the code of conduct and the originally planned secret-ballot election. Hospital President Marna Borgstrom made that pitch in a memo to employees Monday as well as in a full-page ad the hospital purchased in The New Haven Register (whose publisher, Kevin Walsh, sits on the hospital board).

Meanwhile, the hospital’s Board of Trustees, some of whose members have been publicly critical of management, released this statement Tuesday.

As the NLRB considers the union’s complaints, and the Board of Aldermen plans a hearing into the hospital’s actions, the outcome could depend on which version of reality is believed.

The episode involving Steve Merz suggests that the incidents were hardly isolated to one captive meeting, and that higher-ups (like Merz) were indeed involved, in the view of union sympathizers.

SEIU complained to the arbitrator, Marget M. Kern, that Merz spread false information at two open meetings with employees, on Aug. 28 and 30. His comments concerned extra-pay benefits available to workers under a Performance Incentive Plan. Merz told workers that a group of other hospital employees who have already formed a union — the dietary workers — lost those benefits.

That’s not true. Kern ordered Merz to distribute a letter correcting the record to all employees invited to the open forums, “regardless of whether the employees actually attended those meetings.”

Merz complied. Here’s what he wrote on Nov. 27:

“Dear Fellow Employee:

“On August 28 and 30, I had the opportunity to speak with you at two open forum meetings and in the course of those meetings I made statements about the Hospital’s Performance Incentive Plan (PIP) which were incorrect. I stated that the dietary employees, who are represented by the Union, are not eligible for PIP benefits. I was mistaken. PIP benefits are part of the Union’s collective bargaining agreement and dietary workers have received PIP benefits for several years.

“I apologize for my error.

“Very truly yours,

“Steve Merz
“Vice President, Administration”

Hospital spokesman Vin Petrini points to the rest of the aribtartor’s ruling: that Merz was an honest witness and that other charges leveled against him were unfounded. The arbitrator went so far as to say “I found Merz to be a credible witness and I credit his testimony over that of [Willie] Tart,” the union organizer who raised charges against him.

Click here to read the full ruling.

“The hospital contends that Mr. Merz never misspoke,” Petrini added. “Instead he explained that when the Hospital introduced PIP, 1199 dietary workers could not receive it until it was bargained for in the next contract. This is fair and accurate.” But the arbitrator felt otherwise.

Petrini noted that this hearing involved a “voluntary” meeting at which an administrator discussed union issues with workers — and that, when the arbitrator heard it in August, she didn’t take exception to it being held. Her subsequent ruling this month centered on her contention that such meetings violate the law and the code of conduct. “You can imagine why were confused about this,” Petrini said.

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Comments

Posted by: Bonnie Liston | December 20, 2006 3:10 PM

What makes me ill when I read articles like this is that they're so biased. How anyone can believe that the union's allegations about the hospital intimidating their employees is fact, is beyond my comprehension. Y-NHH, if for nothing else, has done their best for employees so that employees don't need a union. If the hospital is guilty of anything, it's providing great benefits and competitive salaries. If there are unhappy employees, then they need to step up to the plate and discuss their issues in one of the many venues offered to employees by hospital administration(i.e., the e-forum process directly communicating to the President/COO, Empl. forums where they are informed of hospital business, as well as given the opportunity to voice their opinions about issues within their depts, or actually talking to their supervisors or VP directly...

All YNHH employees want to have the opportunity to vote and get this drama resolved. Local 1199 has been very disruptive in the process and it's time both sides know the real story and the real story is this... don't believe everything you hear, especially when it comes from Liberal Left or Religious Right newspapers.

Posted by: Irene Noel | December 20, 2006 3:58 PM

I read Paul Bass's articles for entertainment purposes only just like I enjoy reading "news of the weird". I have never believed one word he has written nor would I start now.

Posted by: pinkbicycle | December 20, 2006 8:09 PM

Clearly you all have forgotten what the last several hundered years were about in terms of labor. I am sure you all must have been asleep in history class. Keep in mind you are in good company. Mosy americans are ignorant about the history of America and the fight for the rights of workers. If I were you and I am not, I would shut the F___ up. Because you are speaking on matters that you are only vaguely familiar with. American public education has failed so many and it is so telling. No wonder the rest of the world finds Americans so comical and stupid--the majority are so ignorant and not well traveled.

Posted by: nfjanette | December 20, 2006 10:46 PM

Don't mistake Mr. Bass's masterful touch editing articles to arrange the facts to support a certain viewpoint with dishonesty. He is, without doubt from anyone who knows him, an honest and earnest professional and a caring person. And, who can deny how cool he looks reporting from the backyard compost bin? Only Paul could pull it off.

As for the hospital management vs. the union management pissing contest, although I've pointed out what I feel is one-sided reporting perspective on this site slanted in favor of the union, one would also be wise to recall which of those parties was foreclosing on the homes of local low-income residents that lacked health insurance to pay their staggeringly high hospital bills.

Posted by: voteno | December 20, 2006 11:22 PM

From what I've heard, there is an untold piece of this story. The food service workers did not receive two years worth of the performance bonus (PIP) for one simple reason...the union did not negotiate for it. Later they claimed that they didn't know about it (although the percentages were widely publicized in hospital newsletters and memos). Two years of bonuses left on the negotiating table...for what?! This is just one of the reasons why a majority of the employees do not want this union! Maybe this type of "bargaining" on behalf of their dues-paying members is why the local SEIU has 588 unfair labor practice charges filed against it since 2000 for "duty of fair representation"...meaning that they failed to represent their members. Of course, I'm sure that they got their dues!

Posted by: Bonnie Liston | December 21, 2006 8:53 AM

To Pinkbicyle... several 'hundered' years ago, unions were instrumental in changing the culture of American business.. I'm pretty happy to say most have learned, especially YNHH, that if it wasn't for their employees, they wouldn't have much of a business. Yale-New Haven Hospital tries to make their employees happy, if you're not an employee here, perhaps you should apply, but be sure it's not for a position where you might be required to spell.

As for public education, yet another excuse to lay the blame on government. Where are the parents? Are they without blame?

I won't even touch on the American thing... you need to rethink that philosophy. I wouldn't want to live anywhere else, nor work anywhere else by YNHH.

I listen to both sides, you should try to do the same. Happy Holidays, or are you opposed to that as well?

Posted by: ? | December 21, 2006 9:02 AM

Pink Bicycle,
Are you a real person or a fictional devil's advocate created by the Mr Bass for the sake of a good forum giggle at the exspense of the undereducated?
Anyways, keep it up.
A little chuckle always goes nicely while reading the statements of others who have taken the time to know what they are talking about.
By the way, did your history book tell you that YNHH is currently employing child labor and refusing to pay for overtime.
It didn't?
Oh that's right, those were the companies in your history books.
Keep on making me laugh.

Posted by: Karen | December 21, 2006 10:03 AM

To Pink Bicycle - Unions were good "back in the day" when people were working in sweat shops earning 50 cents an hour - some of us did pay attention in history class.

If Mr. Bass and the New Haven Register would print both sides of the union organizing issue people would know the benefits available to Yale-New Haven Hospital employees ... As of January 1, the minimum wage at YNHH will be $12.50 an hour, employees earning less than $30,000 a year will not have to pay for their health care premium, the opportunity for an annual salary increase will be up to 6.5%, the opportunity for the annual Performance Incentive Plan will be up to 3%, there will be a new Hospital-paid retirement benefit of $500 per year up to $12,000 to use toward medical expenses after retirement â€“ this is in addition to the Hospital funded retirement plan which is a percentage of your annual salary. These benefits are in addition to the Home Purchase Program, the Tax Sheltered Annuity match, and the Medical Flexible Spending Account and Child Care Account contributions.

If YNHH has such deplorable conditions, why do 15% of the employees have 25 years or MORE of service? Wait, I think I just answered my own question .... satisfied employees don't sell newspapers!

Posted by: delegate | December 21, 2006 10:24 AM

YNHH V.P. Vin Petrini is not confused. The meeting with Merz happened before the arbitrator ruled that holding anti-union meetings on work time is a violation of the agreement. Petrini knows this. What else does he know about the hospital's systematic violation of the agreement and the law that made a fair union election at the hospital impossible?

Posted by: nfjanette | December 21, 2006 2:27 PM

No wonder the rest of the world finds Americans so comical and stupid--the majority are so ignorant and not well traveled.

I'm having a flashback to many years ago when I worked at a local Ivy League institution. During group meetings with young Eurotrash grad students, I was treated to constant humor by these "well traveled" people as they criticized every detail of life in the nation in which they were receiving a world-class education not available in their own little corners of the world. Thanks for the laughs, guys.

New Haven Independent

He Lied — & Was “Credible”

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