Labor Board Rejects Appeal by Northern Berkshire Healthcare

By Tammy DanielsiBerkshires Staff
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WILLIAMSTOWN, Mass. — Northern Berkshire Healthcare's appeal on criteria for potential union members was summarily rejected last week.

The health system had argued to the National Labor Relation Board's Region 1 that nurses and certain certified nursing assistants at Sweet Brook Care Centers had supervisory duties and thus should not be eligible to vote on a proposed bargaining unit.

In a 19-page decision, the regional board reviewed and rejected Northern Berkshire Healthcare's position. NBH then appealed to the labor board's executive office.

At issue was whether registered and licensed practical nurses at the nursing facility had authority over nursing assistants and other staff. NBH officials said they did, which would prevent them from voting on whether to organize a local bargaining unit of 1199 Service Employees International Union.

But in a one-sentence response last Thursday, Chairwoman Wilma B. Liebman and member Peter C. Schaumber declined to even review the appeal.

"Employer's request for review of the regional director's decision and direction of election is denied as it raises no substantial issues warranting review."

"We are disappointed that the NLRB did not agree with us, because previous court decisions support our position," wrote Dianne Cutillo, vice president of external affairs at Northern Berkshire Healthcare in an e-mail Friday. "In the Health Care & Retirement Corp. and Kentucky River cases, the U.S. Supreme Court established the supervisory status of nurses under whose direction CNAs perform their work."

Officials had cited the court cases in their reasoning before the regional board.


Reached Monday, 1199SEIU spokesman Jeff Hall said the national board had echoed what the regional board had determined.

"From the outset, this attempt by NBH executives to deny indefinitely workers their right to vote has been incredibly misguided and has been an epic waste of patient care funding," he said. 

SEIU and workers at Sweet Brook have complained the health care system is wasting time and money and using intimidation tactics to obstruct a unionizing vote. Health care officials say they are only trying to ensure all workers have a clear understanding of what a vote will mean.

SEIU, which also covers employees including LPNs at North Adams Regional Hospital, filed a number of complaints last month over NBH's actions and requested the postponement of the March 26 union vote. Hall said the election would not move forward until the National Labor Relations Board resolved the complaints.

The National Labor Relations Board would set and oversee the election.
 
Cutillo wrote Friday that Northern Berkshire Healthcare had not yet been contacted about the complaints.

"We continue to support a free, fair, and secret ballot election," she wrote. "We look forward to completing the election process when set by the NLRB."
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Williamstown Board Opts to Negotiate with College on Water St. Lot

By Stephen DravisiBerkshires Staff

Newly elected board member Nate Budington, far left, participates in his first in-person meeting along with, from left, Matt Neely, Stephanie Boyd, Peter Beck, Shana Dixon and Town Manager Robert Menicocci.
WILLIAMSTOWN, Mass. — The Select Board on Monday decided to enter into negotiations with Williams College on the sale of the vacant town-owned lot at 59 Water St.
 
But the board members made it clear that the college's proposal to acquire the lot is a starting point, not a final deal that the elected officials would accept.
 
"For the sake of continued conversation, I'm in favor of [awarding Williams the site], but if this process wasn't continued with the opportunity for further negotiation, I wouldn't vote to continue this," Peter Beck said. "I think that next step is necessary for us to get to a yes on this."
 
"I think there's wide agreement on that," Matthew Neely said just before the 5-0 vote to enter talks with the college.
 
Williams was the sole respondent to a town-issued request for proposals to develop the former town garage site, currently a dirt lot.
 
The college's stated intent is to build a new Facilities office and create up to 170 parking spaces at 59 Water Street. That use will allow the college to redevelop the current Facilities building site and parking lot as part of a reconception of the school's indoor athletic and recreation facilities.
 
Under the terms of the RFP, the college's proposal was subjected to review by an ad hoc advisory committee to the town manager, who brought the question to the Select Board. That board will have the final say on any purchase and sales agreement.
 
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