December 2, 2009   SEIU 121RN and United Healthcare Workers-West filed a motion for contempt against Hospital Corporation of America (HCA) for failure to follow part of the Federal Court Order of November 17. The Court ordered HCA and the Unions to engage in expedited arbitration and to meet and confer (negotiate) to eliminate any stigmatizing procedures associated with the new vaccination policy.  The Unions and HCA selected an arbitrator and we have accepted the arbitrator’s dates.  We await HCA’s reply.

If we win the arbitration, we would negotiate for a comprehensive health care policy, including: a non punitive absenteeism policy, proper test fitting for N95 respirators, surgical masks PRN, increased cleaning to improve infection control and a voluntary vaccination policy.  

HCA has stated that they will not comply with the second part of the order and negotiate with our bargaining team.  Then, at Riverside Hospital, HCA implemented a vaccination/masking policy that increases the stigmatizing procedures which caused the Unions’ lawsuit in the first place.   

On behalf of RNs and healthcare workers at Riverside, Los Robles and West Hills Hospital, SEIU 121RN and UHW, are now seeking injunctive relief to prohibit HCA from implementing its vaccination/masking policy pending expedited arbitration and are asking the Court to determine whether HCA is in contempt for failure to comply with the Court’s Order.  

Why won’t HCA talk with us? 
The company’s lawyer left the Union’s lawyer a voice mail which stated in part:

“…The company does not want to sit down and bargain with the Union.  We believe that the Judge’s order means that the attorneys should get together and talk this through on behalf of their clients which we have done and are doing….”  

What is this all about?  HCA does not have the right to select the Union’s bargaining team.  This is basic labor law.

What’s going on at RCH?
At Riverside Community Hospital, management announced that effective November 30, it would require unvaccinated employees to wear yellow respiratory masks and vaccinated employees to wear stickers on their name badges.  Employees who have not been vaccinated will stand out like neon signs.  This is the policy we fought against earlier which required employees to wear masks at all times and threatened discipline up to and including discharge.  

HCA’s stance at Riverside does not make sense.  During the November hearing, the Court expressed concern about the stigma that would occur if the procedures broadcast employees’ unvaccinated status to persons other than management.  In response, HCA’s lawyers stated that HCA, in other hospitals, had focused enforcement on employees who came within a six foot zone of patients.