The NLRB (National Labor Relations Board) Region 19 found in favor of WSNA’s Unfair Labor Practice (ULP) charges against Good Samaritan for unilateral changes to its dress code by preventing some nurses from wearing WSNA t-shirts, and to the Residency Agreement.

Regarding T-shirts, the finding was that changing the T-shirt policy is a change in working conditions which requires bargaining with the union.  Good Sam made arbitrary changes to this policy, discouraging and even disciplining nurses for wearing their WSNA T-shirts at work, while permitting the wearing of other non-union insignia. This is a violation of union protected concerted activity under the National Labor Relations Act, the federal law that governs labor relations between private sector employers, unions, and employees.  Thank you to the nurses who testified in this case.

Regarding the Residency Agreement, MultiCare made unilateral changes to the agreement, which it did not bargain with the Union. Any changes to the terms and conditions of a nurse’s employment must be bargained with the Union. In addition, Good Sam determined the terms of the Residency Agreements directly with incoming residents without involving the Union – this is called “direct dealing” and it is unlawful; management cannot circumvent the Union and deal directly with a member. Though the Employer sees this as a “pre-employment” agreement with an individual who isn’t yet in the bargaining unit, the NLRB agreed with us that a nurse affected by the negative terms of the Residency Agreement is already employed and in the bargaining unit.

The NLRB issued a Complaint against Good Samaritan and set a trial date in January 2025.  Good Samaritan has indicated that it may be interested in settling the Complaint instead of going to trial; we are still waiting to hear what the Hospital would propose.  More to come.

If you have been, or know of someone who has been forced to pay monetary penalties for breaking their residency agreement since January 2023, please let your WSNA Nurse rep know at jstewart@WSNA.org.

Regarding WSNA T-shirts – hang tight on that until we reach a settlement with the employer or go to court over this.

Staffing Standard Premium went into effect January 14, 2024

SSP is not automatic. You must claim your SSP on the Staffing Standards Premium Log in your department. Put as much detail as you can to explain why you should receive SSP.

If your SSP is denied and you do not agree with the reason for denial or are not given an explanation, please contact your WSNA Nurse Representative Janet Stewart Jstewart@wsna.org

Also file an ADO (Assignment Despite Objection) form to further document the issue.

WSNA filed a union grievance because of denials without explanation. This is a new process and is going to have some bumps in the road. We are trying to work collaboratively with management to get this ironed out.

Here is the contract language:

 14.6.1  Staffing Standard and Premium. The State-submitted staffing plan shall define the eligibility for the staffing standard premium.  The department’s staffing matrix defines the number of nurses needed based on patient volume/census and department needs. If a nurse has a patient assignment in excess of the staffing standard for two (2) or more continuous hours, the nurse shall be eligible for staffing standard premium for all time worked above the standard.  The premium shall be $5 per hour.

14.6.2 Premium Ineligibility. Staffing Standards Premium shall not be paid as a result of an unscheduled absence, including but not limited to, intermittent FMLA.  Staffing Standards Premium shall not be paid for a nurse leaving the floor for reasons including, but not limited to transport, a code response, meals and/or breaks, etc.  (Note, the unit must be fully staffed.

14.6.3      Charge Nurse.  If the Employer determines the charge nurse needs to take a patient assignment, or an additional charge nurse assignment, they may either remove the charge nurse assignment or the charge nurse shall be eligible for staffing standard premium for time worked with a patient or second charge nurse assignment, for two (2) or more continuous hours, as long as all eligibility criteria (14.6.1 and 14.6.2) are met.

14.6.4      Resolution.  Staffing Standards Premium pay shall be the exclusive resolution for deviations from staffing standards, in accordance with 14.6.1.

14.6.5      Staffing Standard Approval Process.  The CNE, or designee, shall have final approval on whether staffing standard is paid based on the shift criteria and eligibility.

Consecutive Weekend Pay

There has been some nurses who have been denied consecutive weekend pay when they pick up an extra weekend shift.  When FT/PT nurses pick up to help fill shortages, you are entitled to consecutive weekend 1.5X pay on the second weekend.  If you are trading with a co-worker, you are not entitled to consecutive weekend pay.  If you and management agree to a regular template with consecutive weekends, then you must waive the consecutive weekend pay.

Please note the difference with the Weekend Premium timeframe and the Consecutive Weekend timeframe.

The CWP timeframe is from 7 a.m. Saturday to 7 a.m. Monday for Day or Evening Shift; 11 p.m. Friday to 11 p.m. Sunday for Night Shift.  (If working 12 hour nocs Sunday from 7-7, CWP ends at 11 pm).

The Weekend Premium of $4.25 per hour if effective from 11 p.m. Friday and includes any shift that begins before 11:01 p.m. Sunday.

For those receiving CWP, will also receive the weekend differential, but the 1.5 X will be calculated before the $4.25/hr is added in.

If denied CWP, speak to your manager and submit an HP ticket via Ask HP. If still denied, email your WSNA Nurse Rep Jstewart@wsna.org.

Questions/Comments, feel free to contact one of your WSNA Officers https://www.wsna.org/union/good-samaritan-hospital, Nurse Organizer Grace LaMonte, glamomte@wsna.org, or Nurse Representative Janet Stewart jstewart@wsna.org.