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National Labor Relations Board issues complaint against Duke LifePoint

UPDATE: UPHS-Marquette issued the following statement in response to the NLRB complaint:

We have received a notice of hearing from the National Labor Relations Board (NLRB) in response to unfair labor practice charges filed by the Michigan Nurses Association (MNA) against UPHS – Marquette. As we stated last fall when the Union filed these charges, that filing came as no surprise, as unions routinely take such action immediately following a strike.

We were gratified to recently learn that the NLRB has found no merit to at least nine of the twelve charges filed by the Union. With respect to the remaining three allegations on which the NLRB has formalized a complaint, it is important to note that the complaint and notice of hearing is not a determination. UPHS – Marquette looks forward to the opportunity to fully present its evidence during an NLRB hearing.

The remaining allegations at issue are related, essentially, to two independent conversations between managers and staff on the eve of the strike, and a job performance evaluation issued to a single employee approximately one month later. After carefully reviewing the facts available, UPHS – Marquette does not believe that any wrongdoing occurred in those instances. Accordingly, we will vigorously defend the managers in question and the hospital in this NLRB proceeding.

Please rest assured that UPHS-Marquette continues to work in good faith at the bargaining table in an effort to reach a mutually acceptable labor agreement with the MNA.

______________________

MARQUETTE, MI--   The Michigan Nurses Association released the following on Wednesday:

On Monday, March 26, the National Labor Relations Board (NLRB) issued a complaint against Duke LifePoint regarding three Unfair Labor Practice (ULP) charges filed by the Michigan Nurses Association on behalf of nurses at Marquette UP Health System.

The complaint alleges that the hospital violated the National Labor Relations Act and “has been interfering with, restraining, and coercing employees.”

Marquette nurses experienced illegal threats and intimidation from supervisors for participating in a two-day strike to call for safe staffing at the hospital. This type of retaliation for union activity is expressly prohibited in federal labor law and undermines efforts by nurses to achieve a fair contract with staffing standards that protect patient care.

The NLRB complaint provides notice of a hearing to establish remedies and restore the rights of nurses, scheduled for July 24, 2018.

A copy of the NLRB complaint is available here.

The strike, held on October 5 and 6 of 2017, was a legally protected ‘concerted action’ regarding working conditions. Nurses have been in contract negotiations with Duke LifePoint since April 18 and say contract language that establishes minimum nurse staffing levels is necessary for the safety of the community.

A two-month contract extension they negotiated with Duke LifePoint in late May lapsed on July 28 after management failed to address staffing concerns. Nurses are currently working without a contract.

Nurses continue to fight for safe staffing at the hospital through union negotiations and take every opportunity to draw public attention to their patient safety concerns. MNA is currently running radio ads in both Marquette, Michigan and Durham, North Carolina highlighting Duke University’s responsibility for conditions at the hospital.  

Nicole was born near Detroit but has lived in the U.P. most of her life. She graduated from Marquette Senior High School and attended Michigan State and Northern Michigan Universities, graduating from NMU in 1993 with a degree in English.