CNA Stands Up for Residents and Coworkers
CNA Tries to Organize, Gets Disciplined
At a nursing home in Palmer Township, Pennsylvania, a young certified nursing assistant was concerned about the understaffing and sought to change it. When Trisha Miechur said she wouldn"t stop fighting until business changed at Manor Care, she meant it. Then in 2007, when things didn"t improve, she contacted the Service Employees International Union (SEIU). The SEIU is the largest healthcare union, representing 1.1 million nurses, aides, doctors, lab technicians, and home care workers (http://www.seiu.org).
But contacting the SEIU almost cost Ms. Miechur her job. She was reprimanded by management for attempting to organize her coworkers and cited for "disloyalty.- They threatened to fire her. It got to a point where she was afraid to go to work for fear of losing her job at any moment.
A judge said Manor Care made a big mistake ... employees are guaranteed the right to organize and bargain collectively with an employer under the National Labor Relations Act (http://www.nlrb.gov).
The Decision
The National Labor Relations Board judge listened to the case between Manor Care and the SEIU, and determined that the nursing home violated labor laws. As part of their penalty, Manor Care must post a notice in the nursing home that notifies employees that they violated the law. Here is a snapshot of part of Manor Care"s required posting from the 2009 ruling:
- WE WILL NOT coercively question you about your union sympathies.
- WE WILL NOT solicit complaints from you and promise to remedy them in order to discourage you from selecting union representatives.
- WE WILL NOT transfer supervisors in order to discourage you from selecting union representation.
- WE WILL NOT institute wage increases in order to discourage you from selecting union representation.
- WE WILL NOT threaten you with job loss for continuing to engage in union activities.
- WE WILL NOT confiscate union literature.
- WE WILL NOT discipline you in retaliation for engaging in union activity.
And the line that must be posted that must make CNA Miechur very happy is this one:
WE WILL, within 14 days from the date of this Order, rescind the unlawful discipline issued to Trisha Miechur and remove from our files any reference to the discipline, and WE WILL, within three days thereafter, notify Tricia Meichur in writing that this has been done and that the discipline will not be used against her in any way.
By Chris Navarro
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