Arbitrator: Yale-New Haven “Purposely Lied”

by Melissa Bailey | June 12, 2007 9:08 AM | | Comments (8)

Yale-New Haven Hospital downplayed an arbitrator’s most recent finding of administration misconduct as “nothing new,” while the union seeking to organize the hospital’s 1,800 blue-collar workers trumpeted her conclusion that administrators “purposely lied” about union dues and “threatened” workers with anti-union talk.

Margaret Kern, the neutral arbitrator whom both sides agreed upon to oversee a fair elections agreement, recently issued several findings of fact concluding that hospital managers “lied” about union dues, “unlawfully polled eligible voters regarding their sentiments about the union,” conducted mandatory meetings to discuss the union, and “threatened employees with more onerous working conditions” if they joined a union.

SEIU 1199 spokesman Bill Meyerson heralded the findings as evidence of a “pervasive, systematic anti-union campaign.” YNHH spokesman Vin Petrini stressed they were old charges filed six months ago and were already addressed in this settlement agreement proposed by the National Labor Relations Board.

More findings of fact as well as a proposed remedy are expected soon.

One of Kern’s findings concludes that hospital administrators knew what union dues were, but “purposely lied” to employees about the dues.

“The employer purposely lied to employees and told them dues would go up for all employees and by significant amounts. It was simply not true and the employer knew it,” writes Kern.

Kern goes on to say one YNHH administrator showed “no regard for the truth when it comes to delivering the employer’s anti-union message.”

Click here to read that ruling, which includes a short transcript of Hospital CEO Marna Borgstrom’s testimony.

YNHH spokesman Vin Petrini disagreed with Kern’s conclusions. “We’ve acknowledged that there was miscommunication in which the manner in which dues are calculated,” said Petrini, but “to equate that with lying is at best unfair.”

“Stop Snitching”

stopsnitching.pngA second finding of fact concerned this flyer (pictured), featuring Vladimir Putin and the words “stop snitching”. An employee, Mary Carr, testified that her employer taped the flyer to her hospital cart after Carr stood up for the union, testifying about Borgstrom’s alleged anti-union activity at a labor hearing.

Kern dismissed the union’s charge, ruling she could not conclude the employer condoned the flyer, as there was insufficient evidence about who put it on the employee’s cart. Another complaint against Borgstrom was dismissed because a the complaint had not been filed in time for a deadline.

Click here to read those two decisions.

Petrini pointed out that only the union’s side of testimony is presented in the arbitrator’s finding, because the accused manager, Elmer Gonzalez, is no longer employed at the hospital and could not be compelled to testify.







Share this story: digg / newsvine / facebook

Comments

Posted by: Wjay | June 12, 2007 10:45 AM

Just give it up Marna Borgstrom, take the Alfred Doctrin plea, and move on. Your stone cold busted.

Posted by: strangerthanfiction | June 12, 2007 3:39 PM

It was "miscommunication" not lying. Yeah, right! The Hospital's handbook told supervisors to bring up mob ties when talking about the Union. How ironic when it was actually the Hospital's systematic campaign of lies and intimidation which made use of mob tactics. Marna's "smile in your face" deception shows the Hospital needs to check into intensive care.

Posted by: Uncle Nunzio | June 12, 2007 7:43 PM

Strangerthanfiction:

If you don't think there is a connection between organized crime and Unions, then I have a bridge in New York, I'd like to sell to you.

Seriously, time after time, since the first unions were formed in the US, they were tied with organized crime. Ever see the movie, On the Waterfront? How about Al Capone? Paul "The Waiter" Ricca? Jimmy Hoffa?

Posted by: Unionsarefun | June 12, 2007 9:11 PM

Unions are slimy and take your money. Their main purpose is to make organizations look bad so the employees will pay dues to them to provide better representation..but is it better?

Posted by: strangerthanfiction | June 12, 2007 10:41 PM

There are pros and cons to Unions. No one disputes that. Again, what is remarkable in this story is the blatant lying and grossly unethical behavior of the hospital which would not even allow a fair union election to take place. A non-profit, health care institution practicing cutthroat corporate union busting. Clearly in the culture of Yale-New Haven Hospital it's all about the money, any means are justified to achieve the ends they seek, and they see absolutely nothing wrong with that and wonder what all the fuss is about.

Posted by: ann | June 13, 2007 5:53 AM

Mob ties? Yes, unions were built on them. FBI files prove that. Union dues being raised? Yes, just look in 1199's by-laws. Someone has to pay for Andy Stern's lifestyle. People, union's are a business. Lies? Hey, for all we know Mary Carr could have copied her own flyer and taped it to her cart.

I am a YNHH employee. No matter who said what, everything with a union's package is negotiable. The example that is being set right before our eyes is our kitchen staff that is organized by 1199. Still no contract for over 6 months now. The fact of the matter is, the union does not sign my paycheck. 1199 could give a rat's butt about me. All they want is my money. A union rep the other day was in front of the hospital shouting "Black Power". This is oppression brought on by 1199. I take offense to those comments. I wonder what Dr. King would say about that? If women and people of color can't see what's going on here, it's pretty sad. 1199 will hold you back to gain profit. Is Andy Stern black or a woman? No, and most of 1199's reps who stand on the street corners soliciting members are woman and blacks. I believe those are the lowest paying union jobs.

Kern cannot come up with a remedy yet? Hello, she is going to wait for the NLRB to come up with theirs first.


Posted by: historian | June 13, 2007 10:59 PM

Ann, 1199 was Dr. King's favorite union. He frequently spoke at 1199 rallies and built a strong relationship with union members and leadership. King wasn't the only civil rights activist with a relationship to 1199 in the 50's and '60s (even Malcolm X was a fan), and indeed, many civil rights activists emerged from the union's ranks, attracted to the union because of the ways it linked its organizing to urgent questions of racial justice and other movements seeking to address them. King would and should be proud of the folks at YNHH standing up for their rights.

I happen to think that the fact that many of the folks supporting the drive are women and/or people of color speaks to just how effective unions have been in fighting for the rights of women and/or people of color in the workplace, and it's probably a signal that the union's doing something right.

Posted by: Ann | June 14, 2007 5:57 AM

Dr. King was for racial equality. Wanting everyone to be treated equal. He wanted peaceful solutions to life's problems. I don't think he would have been proud of a union rep from 1199 shouting black power on the street corners of the city of New Haven. Unions were needed years ago. Dr. King would not have supported how 1199 supports politicians who support abortions, same sex marriages, and the list goes on.

As far as supporters of 1199, the numbers are not there. If they were 1199 would have had the vote. I am not against unions, I am against their tactics to obtain signed union cards and how they stalk and corrupt their own union campaigns to benifit themselves. Hey lets face it, Andy Stern built an empire off this kind of stuff. And let's not forget SEIU's member's money.

Thank you for responding to my blog. I know Dr. King would be proud of many of the YNHH employees who fight for their rights. Especially their right to vote. He would have been proud of people of color and woman at YNHH who take advantage of the tuition reimbursement program at YNHH to educate themselves and climb to succeed in the work place.

We all need to move past color and sex issues, if not, 1199 will make it so that people need to depend on them instead of their own voices. I refuse to allow that to happen.


Sorry, Comments are closed for this entry

Sections

Neighborhood News

Special Sections

Legal Notices

Some Favorite Sites

Government/ Community Links


Legal Notices

Flyerboard

Sponsors

N.H.I. Site Design & Development

NHI Store

Buy New Haven Independent Stuff

News Feed

Powered by
Movable Type 3.35