Arbitrator Dismisses Complaints

by Paul Bass | January 30, 2007 4:14 PM | | Comments (7)

IMG_6654.JPGEight complaints of improper conduct by Yale-New Haven Hospital and the union trying to organize its blue-collar workers disappeared in one day.

Five of the complaints — four against District 1199/SEIU organizers, one against the hospital — were dismissed Monday as “without merit” by arbitrator Margaret M. Kern. The union withdrew another three complaints.

It was the latest development in an ongoing battle between the two sides over which is responsible for destroying an historic chance at labor peace. Both sides spun the news to their advantage.

The hospital and the union struck a deal last March for ground rules under which a unionizing election campaign would take place involving the people who clean bed pans and sweep the floors at Yale-New Haven. At the 11th hour, the election was called off, after Kern — an arbitrator chosen by both sides — found on Dec. 13 that the hospital was breaking both the agreement and the law by pressuring workers in “captive meetings” to vote against the union.

Since then, as New Haven has wrestled with renewed anger over the dispute, Kern has been wading through subsequent complaints of misconduct by both sides.

She hasn’t been releasing the decisions. But both sides discussed her Monday decisions.

She dismissed four separate hospital complaints as “without merit.” Here’s how a union press release described them:

“In one case, the hospital wrongfully accused union organizer Kendall Fells of making racially offensive remarks. The independent arbitrator after hearing the evidence ruled that “there is absolutely no credible basis to support the employer’s assertion that Fells or any other union organizer intimidated employees by making racially offensive remarks. The employer’s complaint is dismissed.”

“In another case the hospital wrongfully accused union organizer Angel Ovalle of “disrupting hospital operations” by talking briefly with an employee who was working. The arbitrator ruled that “this was a casual conversation which lasted ten seconds. (Hospital Supervisor) Pullen’s interrogation of the employee took longer than Ovalle’s one sentence statement. The complaint is dismissed.””

The union release described the hospital’s charges as “a cynical and specious effort to divert attention from the hospital’s pervasive and systematic violations of the agreement and the law.”

“Outrageous,” responded hospital spokesman Vin Petrini Tuesday.

Petrini noted that four union complaints also disappeared Monday. 1199/SEIU withdrew three of the complaints on their own; they concerned separate instances in which a hospital manager allegedly held union discussions on work time. Kern dismissed the fourth, involving charges of an anti-union comment made by an administrator.

“If you look at the context of the entire campaign, the union has had more than 35 of their cases either dismissed in favor of the hospital or withdrawn,” said Petrini.

“That’s only because we’ve brought four times as many — and for good reason, because of the arbitrator’s finding that the hospital engaged in serious violations of the agreement,” union spokesman Bill Meyerson responded Tuesday.

“If you withdraw a charge, that’s one thing. You might not be able to get a witness to come forward; there are all sorts of reasons,” Meyerson argued. “But these are complaints they went forward with. They could have withdrawn them if they thought they didn’t have a case. And they were dismissed by the arbitrator. They clearly were an effort to try to create this impression that 250 violations of the agreement is offset by an organizer talking for a moment with a worker, making a passing comment.”







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Comments

Posted by: Bill from White Plains | January 31, 2007 7:51 AM

Whwen is this Union going to wake up to the fact that the Hospital, and its employees, hate them, and want nothing to do with them?
Or is their blind vision to all the nonsense that a Union represents in this day and age oblvious to the truth?
Bill Liarson obviously wants no part of the truth.
Pack your bags, Billy. Your 15 minutes is way past due.

Posted by: jacob | January 31, 2007 9:30 AM

Yes, their blind vision is to giving workers a voice on the job; organizing workers so that they can get pay and benefits on part with other workers (at the university) who do similar work; and holding the management of the hospital accountable to someone, since they refuse to be held accountable to the law, the state, or the city.

When is the hospital going to wake up to the fact that the union isn't going to give while the hospital denies workers their freedom of association and right to join a union without fear of retaliation?

Posted by: delegate | January 31, 2007 10:00 AM

I'm glad someone from White Plains, NY takes such a strong interest in that which affects New Haven area residents. But in the "ongoing battle between the two sides over which is responsible for destroying an historic chance at labor peace." is there any question in anyone's mind that the hospital engaged in massive, serious violations of the agreement that led to the cancellation of the union election? It's right in the arbitrator's decision. As they say in baseball, you can look it up.

Posted by: BTL | January 31, 2007 11:54 AM

It would be great if someone investigated and printed the work ethics of all the employees who claimed they feared losing their jobs if Hospital management knew they were pro union.... perhaps then, ‘Jacob’ and ‘Delegate’ would know what this union campaign is all about. To accuse Y-NHH's Sr. management team of not allowing employees the right to ‘vote’ is absolutely false. The union wants card check neutrality so they can get in without employees being given the opportunity to vote ‘no’. What a pity you are not capable of seeing how unfair that process would be for the majority of employees who don’t need the ‘so called’ protection of a union because they actually do their jobs and do them well…

Posted by: Ann | January 31, 2007 9:02 PM

THIS IS PART OF AN ARTICAL WRITTEN 1/11/2006. FOR YOUR READY PLEASURE. Hmmm now who is intimidating whom? DeStefano is pushing YNHH?

Unions endorse DeStefano
Mary E. O’Leary and Andy Bromage, Register Staff
01/11/2006

NEW HAVEN — Labor unions representing 30,000 health care and university workers, including the Service Employees International Union and HERE-UNITE, will endorse Mayor John DeStefano Jr. for governor today.


DeStefano helped mediate two settlements between Yale University and HERE in the past and is pushing Yale-New Haven Hospital to negotiate a framework for a union election with the SEIU.

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Posted by: J. Francis | January 31, 2007 9:07 PM

I'm amazed that so many people blindly believe the Unions are wholesome and honest in their quest to organize the Hospital. They rely on fear, intimidation and old fashioned bullying to coerce workers to follow their lead. That's why "card count" elections are their goal: no one to watch their bad, evil behavior. I'm not sure how noble the hospital is in this, but nevertheless, if the Union was offering something positive and beneficial to all, there would be no conflict.

Posted by: YNHH Worker | February 1, 2007 8:44 PM

The hospital workers who don't have a union have BETTER BENEFITS than the university workers who do the exact same job. Get a clue people! Basically, if the hospital unionizes, then everyone will pay dues to the union for no good reason. Look at all the magazines that list the hospital as one of the best places to work - Essence, Working Mother, Etc. etc. etc. All WITHOUT UNIONS! Basically, Bob Proto and all the people in the union want more POLITICAL POWER. They have the mayor in their pockets. Now they want more DUES from the workers. EVEN THOSE WHO VOTE AGAINST THE UNION!! It's all about money people. Taking money away from workers and giving it to the union. Plain and simple.

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