December 2022 Newsletter
Posted Dec 9, 2022
In this issue:
- What is an ADO?
- Nurse Staffing and Resource Committee
- Your rights and how to protect yourself
- Membership
What is an ADO (Assignment Despite Objection)?
This is a nurse's tool to identify a workplace Issue regarding adherence to Staffing/Breaks/Overtime protection laws
ADO Form/Online Staffing Complaint form – Use it!
This online staffing complaint/ADO form was developed by a coalition that included WSNA, other unions and WSHA representatives. Completing the form serves many purposes, including data tracking, bring issues to light, supportive documentation, and discussion tool to make things better. It is not punitive. ALL STAFFING PLANS MUST BE POSTED ON UNIT.
This form is to be completed for issues including but not limited to:
- The unit is not staffed according to its staffing plan or if mid-shift staffing adjustments are inadequate.
- Missed breaks or earned time denied
- Equipment issues
- Workplace safety concerns
- Concerns with working conditions
- System Failures
- Holding patients
- Patient safety concerns
If you have reason to complete this form, you first should speak with your manager or charge nurse for that shift in order to try to resolve the concern as quickly as possible. They should escalate in real time if they cannot fully address your concerns. When you complete the online form, you are encouraged to include your manager’s name and email.
After you complete the form a copy of the submitted form immediately goes to you, the WSNA chair and co-chair, WSNA Rep, staffing committee co-chairs, and your manager, provided you have entered his or her email. The Nurse Staffing Committee will review the complaint at their next meeting if it is a staffing concern.
Find the staffing complaint form at wsna.org/ado or use the QR code below:
Nurse Staffing and Resource Committee
14.2 Nurse Staffing and Resource Committee. The Nurse Staffing and Resource Committee (NSRC) shall be responsible for those activities required of it under RCW 70.41.410 and RCW 70.41.420, and successors thereto, and for such other activities agreed to by the Committee.
The NSRC shall be composed of up to six (6) regular staff nurses providing direct patient care, comprising no more than 50% of the Committee, elected by the staff nurses from different units as agreed in the Nursing Staffing Committee Charter, one of whom will be selected by the staff nurse members as a co-Chair of the Committee, and up to six (6) representatives of Hospital administration, comprising no more than 50% of the Committee, including the Chief Nursing Officer or designee, one of whom will be selected by administration as a co-Chair of the Committee. The NSRC shall meet at least twice per year or as necessary to complete the activities of the NRSC, as determined by the co-Chairs of the Committee. The Employer’s CEO will attend Committee meetings at least two (2) times per year. The co-Chairs of the Committee will prepare a substantive agenda at least one week in advance of each meeting. Minutes will be kept of NSRC meetings.
If you have interest in representing your department in Staffing Committee, please contact an Officer or you Nurse Rep.
Your rights and how to protect yourself
What to do if you are called into a meeting?
First ask: “What is the purpose of this meeting?” Then make the following statement: “If this meeting could in any way lead to my being disciplined or terminated, or affect my working conditions, I respectfully request that my union representative be present at this meeting. Without representation present, I choose not to participate in this discussion I understand that there are many of you that may be afraid to make this bold statement to your manager; but these are your rights. If you have a gut feeling that the meeting you are going to attend seems unusual, please go with your gut feeling. Give one of your officers or the WSNA Rep a call and let’s talk.
Your Weingarten Rights
Under the Supreme Court’s Weingarten decision, when an investigatory interview occurs, the following rules apply:
- Rule One: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making the request.
- Rule Two: After the employee makes the request, the employer must choose among three options. The employer must either:
- Grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee.
- Deny the request and end the interview immediately.
- Give the employee a choice of either having the interview without representation or end the interview.
- Rule Three: If the employer denies the request for union representation and continues to ask questions, it commits an unfair labor practice, and the employee has the right to refuse to answer. The employer may not discipline the employee for such a refusal.
Membership
There has been some concern over membership requirements. The contract language below is clear on the requirements. You bargaining team worked very hard in securing a phenomenal contract. The wages alone are stunning. This is only part of what union representation does. If you choose not to be a member, you may contact WSNA membership and be an Agency Fee Payer. An agency fee payer is a worker who has chosen not to join the union (or has resigned his membership) but who must, under the agency shop/union security language in the collective bargaining agreement, pay agency fees (equivalent to dues) as a condition of employment.
ARTICLE 2 - ASSOCIATION SECURITY
2.1 Membership. All nurses who are members of the Association at the time of the signing of this Agreement and all nurses who voluntarily join the Association during the term of this Agreement must retain their membership in good standing. Any nurse who is a member of the Association may, upon the termination of this Agreement, voluntarily withdraw from the Association by giving written notice to the Association by certified mail within fifteen (15) days prior to the expiration date of this Agreement.
2.1.1 New Hires and Current Non-Members. Nurses who are not members of the Association on the date this Agreement is ratified, and nurses hired after the effective date of this Agreement shall have ninety (90) days from the date of ratification or their date of hire, whichever is later, to notify the Association in writing by certified mail of their intention not to join the Association. Such notice must be postmarked during the ninety (90) day period and sent to the Association’s office with a copy sent to the Hospital’s Human Resources Department. In the event the current non-member or the newly hired nurse fails to exercise this option within ninety (90) days, then that nurse shall be required to become and remain an Association member in good standing within sixty (60) days from the end of the ninety (90) day period from the date of ratification or hire for newly hired nurses.
2.1.2 Membership in Good Standing. Maintenance of membership in good standing is defined for purposes of Sections 2.1 and 2.1.2 as the tendering of Association dues on a timely basis. The Association shall notify the Employer in writing of any nurse who has failed to become or maintain membership in good standing as required by Sections 2.1 and 2.1.2. Nurses who fail to comply with these requirements shall be discharged by the Employer within thirty (30) days after receipt of written notice to the Employer from the Association and such discharge will be deemed for just cause.
Thank you for being a WSNA Member
YOU ARE WSNA!
If you have questions or concerns, please contact an officer or your WSNA Nurse Representative.
Julia Barcott- Chair
Clara Bucio- Co-Chair
Evette Kendall- Secretary/Treasurer
Lisa Bulleck-Grievance Officer
Angi Scott-Membership Coordinator
Laurie Robinson-Nurse Representative
lrobinson@wsna.org