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The day before the August 10
recognition vote, SEIU 513 organizing committee members poured over the list of fellow service and maintenance workers at Hutchinson hospital. They identified more than 200 of the 330 eligible members who had
committed to vote yes. But when the votes were tallied on Friday at 6 PM more than half of the votes had disappeared. Brian Hardesty, president of SEIU 513 observed that :something is wrong.”
Rumors of union supporters being bribed with pay raises or promotions were heard. One union activist was told that workers were told that all jobs would be opened for rebidding if the union was voted in. In effect, that they might lose their jobs if they voted from the union.
According to organizer Teresa Hayes, the union has identified more than 22 unfair labor practices by hospital management. The violations include prohibiting union supporters from wearing union insignia. management even banned purple and yellow, the SEIU colors. Management also told workers that if the union was voted in, workers could not handle problems one-on-one with supervisors, although this right is explicitly protected in the nation’s labor laws. Advised by union-busting expert Management Science Associates, hospital management took full advantage of the National Labor Relations Board policy that almost anything is fair The fees being paid to the union-busting law firm, according to an informed source, could provide a $2 an hour increase to the hospital employees.
The union is actively looking into the possibility of filing a protest of the election. Just recently, the NLRB ordered a new election for nurses in Kansas City because of management violations .
Union supporters are determined to monitor the performance of Hutchinson hospital management to see if they keep the many promises made during the
campaign. One sentiment behind the no vote appeared to be-- “let’s give them one last chance and if they don’t follow through Ill vote for the union next time.”
Although they may have lost this battle, many workers at the hospital don’t feel they have lost the war. They realize that even without a union they
have a right under Section 7 of the NLRA to take “concerted action.” For example, the NLRB has recently extended “Weingarten rights” to nonunion employees. This means that workers have the right to have a coworker present at any encounter with management which might result in discipline. One worker observed, “it took three or four attempts, before the office and professional workers at SPEEA got organized. Maybe it will take us two times.”
As one committee member told Kansas WorkBeat,
“the laws really make it very hard for the union to get a fair election. Management can order everyone to attend captive meetings or one-on-one meetings on work time. But we have to talk to our fellow workers on breaks or after work. I can really see why we need to reform the labor laws like Senator Wellstone is urging.”
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