this post was submitted on 16 Jun 2024
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Work Reform

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[–] [email protected] 50 points 4 months ago (1 children)

Who the hell sides with HCA instead of nurses when there are complaints about staffing shortages and PPE shortages? Ridiculous.

[–] [email protected] 27 points 4 months ago (1 children)

The Arbitrator almost surely paid by HCA.

[–] [email protected] 4 points 4 months ago (1 children)
[–] [email protected] 7 points 4 months ago

It's a pretty sure bet the only reason that an Arbitrator was used was because it's required by a contract, and required by the hospital. Extremely unlikely the Union would specifically request arbitration rather than a regular trial, they are notorious for siding with big businesses. Also I likely the Union paid for that Arbitrator.

[–] [email protected] 41 points 4 months ago (1 children)

Agreeing to an arbitration clause seems to have been critical mistake for this onion.

Arbitration is a scam in any other context besides b2b where parties have similar bargaining power.

I bet union can't even appeal this pro capital decision either.

[–] [email protected] 23 points 4 months ago (1 children)

Arbitration is pretty much always a scam. Even in b2b settings, a lot of those contracts are not between parties of equal power.

Like, if a small business sets up a business account at a major office supply company, that’s a pretty common example of a b2b contract where the parties have very different power.

[–] [email protected] 3 points 4 months ago (1 children)

I seem to remember seeing something about a few churches / religious organizations trying to use arbitration clauses to avoid going to trial for things like sexual harassment, too.

[–] [email protected] 3 points 4 months ago

Oh 100%. Employers put that stuff in all the time, so I’m sure churches would with their staff too

[–] [email protected] 38 points 4 months ago (1 children)

Dissolve union. Evade penalty. Create new union. Profit.

[–] [email protected] 1 points 4 months ago

I like your thinking! Also, delete your comment for legal reasons 😉

[–] [email protected] 18 points 4 months ago

You're only allowed to be right about one thing at a time. That'll be six-and-a-quarter million dollars for your arrogance, and also how dare you?

[–] [email protected] 7 points 4 months ago (1 children)

Can someone post a non-pawall version please

[–] [email protected] 16 points 4 months ago

Here's the entire article just copy&pasted:

The union representing nurses at Riverside Community Hospital has been ordered to pay more than $6 million to the hospital for the fallout from a 2020 strike.

The unusual financial penalty was imposed by an arbitrator who found the 10-day work stoppage during the pandemic violated the terms of the labor agreement signed by HCA Healthcare, which operates the hospital, and Service Employees International Union Local 121RN. The $6.26-million fine, the arbitrator determined, was necessary to compensate the hospital for the cost of replacing workers who walked off the job during the strike, according to a statement released Wednesday.

Nurses walked off the job in June 2020 in an effort to force the hospital to increase staffing and improve safety as COVID-19 infections surged, the union said at the time. But hospital officials argued that because nurses also voiced complaints about shortages of personal protective equipment, the reasons for the strike were too expansive to be allowed under the collective bargaining agreement the two sides had signed.

“Our contract was clear, and the union showed reckless disregard for its members and the Riverside community by calling the strike,” said Jackie Van Blaricum, president of HCA Healthcare’s Far West Division, who was the hospital’s chief executive during the strike. “We applaud the arbitrator’s decision.”

SEIU 121RN Executive Director Rosanna Mendez objected to the arbitrator’s findings, saying nurses were permitted under their contract to go on strike. She called the arbitrator’s decision “absurd and outrageous.”

“It is absolutely shocking that an arbitrator would expect nurses to not talk about safety issues,” Mendez said, adding that the union was exploring its options to contest the arbitrator’s decision.