Federal Judge Jeremy Fogel, affirmed his previous order that Hospital Corporation of America (HCA) must bargain with SEIU 121RN nurses and other hospital workers represented by United Healthcare Workers-West. HCA had refused to meet with the union saying that their lawyers could talk to our lawyers. SEIU 121RN represents nurses at HCA-run hospitals Riverside Community Hospital, West Hills Hospital & Medical Center and Los Robles Hospital & Medical Center.

The judge, however, said the stigmatizing effects of having to wear a colored surgical mask is better argued by front line nurses and hospital workers. The judge denied the Union 's request for a temporary restraining order and contempt of court charge against HCA.

It's good that they have to bargain with us over the stigmatizing effects,   says Nora Parkins, a registered nurse in Maternal Child/Post-Partum at Riverside Community Hospital. But I feel HCA is just being punitive. If they make me wear a mask, I'll be one of only three or four people on my floor.

The judge's previous order that HCA and SEIU 121RN and UHW-W participate in expedited arbitration remains intact. Arbitration is scheduled for January 6 and February 3, 2010.