Public Employee Press

Union nurses defeat Health Dept. retaliation

Union action recently stopped an illegal thrust by the Health Dept. that would have undermined the collective bargaining relationships and contractual protections of Public Health Nurses working in the school system.

In response to improper practice charges filed by the DC 37 Legal Dept., the Board of Collective Bargaining ruled in December that the agency had violated the contract and the city collective bargaining law by trying to change work schedules without negotiating with DC 37 and Local 436, the United Federation of Nurses and Epidemiologists.

Instead, management at the Dept. of Health and Mental Hygiene attempted to deal directly with the nurses as individuals and coerce them into working a different schedule. Those who did not cooperate faced retaliation on the job; for example, one nurse who wouldn't agree to work through the day without a lunch break was transferred to a faraway location.

A union team, including Professional Division Rep. Stephanie Miller, Assistant Director of Research and Negotiations Michele Trester and Assistant General Counsel Jesse Gribben, prepared the improper practice charges, which were filed in July 2011 on behalf of the Local 436 members.

The impartial collective bargaining board ordered the DOHMH to stop dealing directly with individual employees and to bargain in good faith with the union before implementing any changes in contractual work schedules or meal periods.

"This is an important victory for us because we were able to stop management from interfering with our members and their work," said Local 436 President Judith Arroyo. "And we were able to put an end to this because of our members in the schools, the great team that filed the improper practice charges and DC 37 Professional Division. This is a great example of teamwork in action."