In this issue:

• Unfair Labor Practice WIN! Settlement for Investigatory Meetings – “What is this meeting about?”
• WIN! Documentational Specialists VOTE to be Represented by WSNA!
• Division of Labor and Industries - DOSH (Division of Occupational Safety and Health) Citation/Fines
• Update from the Grievance Corner
• Local Unit Funds REPORT - Your Funds to Help Run Your Unit
• Upcoming events: WSNA Convention!

Unfair Labor Practice WIN! Settlement for Investigatory meetings – “What is this meeting about?”

If you have ever been asked to have a meeting with Management, you might be recalling the details of the anticipated meeting were not fully disclosed. After finding out Management was requesting to meet with you, you asked your manager “What is this meeting about?” and the response most likely was, “You will find out at the meeting.” This typical scenario has become too familiar, and routine for investigatory meetings. Because of this, WSNA filed an Unfair Labor Practice because we felt the continued practice of not providing nurses or their representatives with enough information to reasonably know what the meeting was about was unlawful and violation of the National Labor Relations Act.

This past year, the National Labor Relations Board found merit to the allegations WSNA raised against Sacred Heart. Sacred Heart chose to appeal those allegations, so the process moved towards a hearing. This hearing was scheduled for March of 2021, and weeks before, SHMC requested to settle.

Read the full settlement agreement, and mandatory internal posting language by Sacred Heart.

The National Labor Relations Act give you the right to:

• Form, join, or assist a union
• Choose a representative to bargain on your behalf
• Act together wit other employees for your benefit and protection
• Choose not to engage in any of these protected activities

Because of the recent settlement SHMC has agreed to the following:

• Sacred Heart WILL NOT interfere with, restrain, or coerce you in the exercise of the above rights.
• Sacred Heart WILL NOT refuse to adequately inform employees and/or employees Union representative about the subject matter(s) of any investigatory interviews they plan to subject nurses to.
• Sacred Heart WILL NOT refuse to provide information to the Union that is necessary for the Union’s representation of bargaining Unit employees. THEY WILL provide the Union with information that is necessary for the Union’s representation of bargaining Unit employees.
• Sacred Heart WILL NOT delay in providing information to the Union that is necessary for the Union’s representation of bargaining Unit employees.
• Sacred Heart WILL NOT in any like or related manner interfere with your rights under Section 7 of the Act.
• Sacred Heart WILL provide you, and/or your Union representative with sufficient information about the subject matter(s) of any investigatory interviews we plan to subject you to, so that you and your Union have knowledge of the subject matter(s) they are investigating, an can fully discuss that subject matter in advance of an investigatory interview.

Your Task – Notify a Local Unit Officer right away if you are asked to attend a meeting with management. This can be done by calling Voice Tel at 1-866-305-5612. Ask your manager what the general purpose of the meeting will be about and do this in writing. Ask for details such as when the issue occurred, and a general explanation of the issue/concern being investigated that may lead to disciplinary action. Ask for them to provide you with factual and short explanation of specific allegations(s) or event(s). If you are denied any information, let your Nurse Rep, Jaclyn Smedley BSN, RN know right away at jsmedley@wsna.org.

WIN! Documentational Specialists VOTE to be Represented by WSNA!

Your Bargaining Unit of nurses just got stronger. A group of nurses known as the Documentation Specialists reached out to WSNA this past winter with the desire to be represented under the contract. These well-seasoned, highly skilled nurses’ role at Sacred Heart is to analyze charts looking for diagnosis codes for purposes of billing, but also assessing the patient through chart review to make sure nothing medically was missed, or needs follow-up. After a majority of them signed cards to be represented, WSNA filed a petition with the National Labor Relations Board indicating the group wanted to be represented by WSNA.

The journey was not short after this point, and once Sacred Heart became aware of the nurses’; desire to organize and join the contract, Sacred Heart requested a hearing. On Jan. 6, the first day of a three-day hearing began as WSNA fought to incorporate this group under the contract. Many brave nurses testified, and the outcome was in favor of the Documentation Specialists, who on March 16 voted to be under the contract

At this time, we are beginning to bargain a Memorandum of Understanding (MOU) which will outline the wages, hours and working conditions of this hard-working group. If you know of a Sacred Heart Documentation Specialist, please congratulate them on their VICTORY, and proudly welcome them to WSNA!

View the official election conclusion notice.

More Safety WINS - Division of Labor and Industries - DOSH (Division of Occupational Safety and Health) Citation/Fines

Over the past 6 months, WSNA and your Local Unit Officers have been working with both DOH and DOSH to communicate what it is like to be a nurse at Sacred Heart during a pandemic. They have painted a picture to investigators from both of these entities of crowded breakrooms, report rooms, and masks that were used until they fell apart. They helped to articulate scenarios where nurses were forced to work under conditions simply because supplies were short.

Formal complaints with both DOSH and DOH were filed, and we heard this week DOSH cited Sacred Heart for lack of social distancing in break rooms. The total assessed penalty is $4,200 and the employer is forced to post the violation known as “Citation of Notice of Assessment” at or near where the violation(s) occurred, where employees can easily read it, or where employees normally receive posted information. The violation must be corrected within 15 days, and the posting must remain up until then.

View the full citation and report

Please help us monitor the changes for safety and that social distancing rules are applied and enforced. If you feel these measures are lacking, contact your Nurse Rep.

Update from the Grievance Corner – Darryl Johnson, BSN, RN CICU

** Any grievances that are filed for a nurse individually are considered sensitive and not disclosed here. WSNA in partnership with the WSNA Local Unit Officers work daily to maintain workplace justice and equality. Never hesitate to reach out if a situation feels wrong and you would like to speak with your Nurse Representative or Local Unit Officers.

Association Group Grievance, Contract Violation Related to Addendum and Float Pool (9.12) – Melissa Dumont RN, BSN, CPN, and All Affected. Grievance # 21-01-0001

On Jan 6,, 2021 a Group Grievance was filed due to the Pediatric nurses being asked to care for adult patients. Melissa Dumont RN, BSN CPN, Peds ED RN has proven to be a strong leader during this grievance process in standing up for peds nurses. Melissa found that the adult patients whom the nurses were being forced to take care of were considered to be less critical in the eyes of management, but in terms of the contract were still outside the Clinical Float Group, and outside of the hospital’s own policy in terms of age and practice. She had concerns about liability and the risks taking care of these patients posed to the nurses. Management has argued the rationale for these assignments is due to the state of emergency, however we have argued the contract still applies. This grievance is currently at Step Three of the grievance process.

Inappropriate Placement to the Wage Scale Upon Hire

Currently, WSNA is processing 8 individual grievances that pertain to the issue of nurses not being placed correctly to the wage scale upon hire. These grievances have taken a long time to process, and during negotiations in 2019 much conversation was had on the topic. Eventually, SHMC agreed to WSNA’s interpretation of the language, and in the fall, a separate mediation was held on October 31, 2020 for the first 7 grievances, which ended with only one being settled as a result. The follow 6 remain active and are continuing to be processed. Two additional have been added since then. At this time, all grievances are in settlement discussions, and we are waiting to hear from HR where they plan to place the nurses according to WSNA’s interpretation of the language. It never hurts to check your placement on the wage scale, and if you would like someone to help you review your placement, contact your Nurse Rep.

Association Group Grievance, Contract Violation Related to Paid Time Off (Article 10) – Kelsey South BSN, RN Adult ED and All Affected. Grievance # 21-03-0049

On March 2, 2021, a Group Grievance was filed on behalf of the nurses in the Adult ED because they felt Management was not following the contract according to Article 10.5. Kelsey South BSN, RN Adult ED, a champion to this grievance as well as other issues on her unit, noticed the process outlined in 10.5 in terms of notifying the nurses if PTO being approved or denied was not being followed, that PTO was being arbitrarily approved, and management was not implementing reasonable means necessary to honor the request by utilizing supplemental or part-time staff. That the whole system felt nontransparent and there was no way to track if the contract was being followed correctly. Management has heard our arguments that the contract is being violated, and that a paper system would provide for better tracking and transparency. That this would be an asset to Management, as well as the nurses and help to uphold the contract language. Management has argued utilizing a Kronos only system fits the needs of the contract. This grievance is currently at Step One awaiting a response.

Association Group Grievance Contract Violation Related to Accumulation 10.1, and Notification of Unforeseeable Absence for PTO-Safe Sick Leave Article 10.13. Paid Time Off (Article 10) – Kristy Brooten BSN, RN, PMH-BC and All Affected. Grievance # 21-03-0070

On March 4, 2021 a grievance was filed on behalf Kristy Brooten and all RNs for purposes of sick calls, and how that time is paid. Kristy Brooten, BSN< RN, PMH-BC from PCCA, and champion to this grievance, felt a recent communication and practice on her unit was unfair, and decided to stand up for what is right and just. When Kristy became ill upon waking in the morning, she promptly called in, but was denied pay because she did not call in with at least two hours’ notice. WSNA has argued that not all instances are foreseeable, and in particular this case, since nurses cannot tell if they are to become ill while resting prior to their shift. We argued the language indicates “Unless impractical...” which clearly this situation was. Management agreed to pay Kristi for her time she was forced to take unpaid, but the issue with correcting the wrongful communication to the nurses remained. This grievance is currently at Step One awaiting a response.

Local Unit Funds REPORT - Clint Wallace, RN, BSN, CCRN, ICU

Each and every month, 4% of the dues that you pay to WSNA go directly back to your Local Unit. They are deposited into a fund known as the Local Unit Funds account. The Local Unit Fund is structured to be utilized by the local unit for purposes of membership promotion, negotiation related expenses, educational activities, contract administration, and communications. Nurses are eligible for reimbursement for any of the above listed activities if they go through the formal process, and obtain approval by the Local Unit Officers.

You may be asking, how do we spend our funds here at WSNA/Sacred Heart?

Any nurse, at Sacred Heart, can ask to view a full report of the funds at any time. This can be done through your WSNA Treasurer Clint Wallace ICU RN, or by sending an email to your Nurse Rep Jaclyn Smedley BSN, RN. As of March 2021, the unit of Sacred Heart showed a balance of $55,229.58. Routine expenses to help run your local unit include Voice Tel, Spokane Labor Council dues, and payment for the storage unit.

View your most recent Local Unit Funds Report

Upcoming Events: WSNA Convention

Go to nurseconventionwa.org to find out more and register today! Nurses are eligible for reimbursement for registration fees. Email Nurse Rep Jaclyn Smedley at jsmedley@wsna.org to find out how.