Another Judge Orders Fremont-Rideout To Bargain With RNs, Reinstate RN Union Rights

Main Category: Nursing / Midwifery
Article Date: 04 May 2009 - 4:00 PDT

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For the second time in less than a month, a Northern California hospital system has been directed by a federal judge to restore collective bargaining rights to its registered nurses and their exclusive, chosen representative, the California Nurses Association (CNA).

In a decision made public today, Administrative Law Judge William Cates said that the Fremont-Rideout Health Group, which operates facilities in Yuba City and Marysville, north of Sacramento, "unlawfully withdrew recognition" of CNA, and he said the hospital system should "be ordered to recognize and bargain" with CNA.

The ruling stems from unfair labor practice charges filed by CNA and the RNs, and a trial conducted by Judge Cates on behalf of the National Labor Relations Board.

Cates' decision follows an order issued in early April by another judge, U.S. District Judge Frank Damrell, Jr., in response to a request by the NLRB for federal court intervention in response to a series of illegal practices by Fremont-Rideout, including "interfering with, restraining, or coercing employees in the exercise" of their federally protected labor law rights.

Damrell's ruling followed a request by the federal board for the court to issue a "10(j)" order, the strongest weapon in the arsenal of the labor board.

The hospital had based its refusal to comply with repeated federal rulings and its withdrawal of recognition of the union on the dubious claim, now overturned by Judge Cates, that CNA was no longer the legal representative of the RNs.

"Our legal system could not be more clear. The time for stalling and legal maneuvers by Fremont-Rideout must end" said CNA Co-President Deborah Burger, RN. "The hospital owes it to the RNs and the community to restore the rights of the RNs and to respect their desire for collective representation to protect their patients and improve conditions for their colleagues."

"This decision shows that CNA and RNs have been telling the truth that we have a majority," said Rideout RN Heather Avalos. "It's time for the hospital to stop wasting so much time and money on attorneys and reach a contract settlement that gives us strong patient care protections."

Earlier this week, CNA reported that Fremont-Rideout has spent more than half-a-million dollars on costly anti-union lawyers and consultants in the fiscal year 2006 - 2007 alone, according to the hospitals' most recent tax returns.

"This is a great victory for RNs and our union, the California Nurses Association," said Fremont RN Kathrine Zubal. "I hope this will finally convince our administration to accept the fact that RNs have a democratically elected union and negotiate an agreement that matches the hospitals in the area."

Source
California Nurses Association

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