APRIL 2019
A NEWSLETTER FOR NYSNA RNs AT WESTCHESTER MEDICAL CENTER
Westchester Nurses Are a Force at Lobby Day! On May 6, Westchester Medical Center nurses joined forces with NYSNA nurses throughout New York State to deliver a message to state legislators in Albany that our patients need safe staffing and quality healthcare for all. At Lobby Day, Westchester Medical nurses met with several elected officials and their staff members and attended educational sessions throughout the day. At a lunchtime rally, several elected officials took the stage alongside nurses to champion safe staffing. Crystal Ryan, RN, attended Lobby Day for the first time since she was a nursing student. She reflected on the experience, saying, “I feel really positive and like we were heard. Safe staffing is the biggest issue, because it affects everyone—the patients, the family members, the nurses, the staff in general, and even taxpayers. Our nurse-to-patient ratio is not what it should be, and that has a ripple effect. In the ER, if we don’t have enough time to educate patients on medication and follow-up appointments, we will end up readmitting these same patients to the ER.” Claire Maggio, RN and Westchester Medical Center LBU President said, “Walking through the halls and meeting state senators and assembly members, you can see how they respect nurses and the work that we do. The elected officials
we met with seemed to understand the value of safe staffing and creating a safer work environment. In a large facility like Westchester Medical Center this environment would ensure positive outcomes, such as lower infection rates, improved patient education, and nursing retention. Although staffing was at the forefront of our conversations, nurses also spoke about disproportionate funds and single payer healthcare. New York’s public hospitals are on the defense because of proposed funding cuts at the federal level. Nurses advocated an increase to the state healthcare budget if we experience federal cuts, and for a more fair distribution of disproportionate, or “charity care” funds. The lack of a truly universal healthcare system also compromises quality patient care, leading nurses to advocate for the NY Health Act. Claire added, “Our nurses are highly skilled and dedicated professionals, which is reflected in positive patient outcomes, despite their working conditions.” “The most successful people in life are the ones faced with the most obstacles,” concluded Crystal. “We can never give up and never stop fighting for safe staffing!”
WE ARE NURSES, WE ARE NYSNA!
and deliver its findings by the end of 2019, will engage nurses and other healthcare workers, along with their unions. As frontline nurses, we cannot wait for the opportunity to contribute our expertise to this report!
Protecting Healthcare for New York’s Most Vulnerable
Political Corner One Step Closer to Safe Staffing When the New York State budget was passed in April, it included funding and a framework for the Department of Health to undertake a statewide safe staffing study. This is an important step forward in implementing minimum enforceable staffing in all hospitals and nursing homes! The study, which will begin by May 1
The New York State budget also attempts to stabilize funding for public and safety net hospitals in the face of federal attacks. Anticipating draconian cuts to healthcare from the federal government, New York is increasing the Medicaid reimbursement rate for the first time in more than 10 years! We fought against cuts to Charity Care and Enhanced Safety Net Hospital funding and won. The budget also includes legislation to require insurers to cover and reimburse conditions such as mental health, substance use and autism on par with other medical conditions. Because public hospitals care for a disproportionate share of patients with these conditions, we hope see more fair funding soon.
WELCOME NEW MEMBERS! Cesar Latorre 4S
Sunghyun Lim CTICU
Gabrielle Bertone Peds
Kirsten Sawyer 6 South
Natalya Dorum ED
Natalie DiPopolo Peds
David Fuchs 7 NE
Nicole Roushion ED
Daniele Voll Peds
Clyde Palad 7NE
Melissa Phelan Neuro ICU
Gunnar Boeschl SICU
Sandra Falcone CC Transport
Daunett Thomas Neuro ICU
Rob Farabaugh SICU
Anne O’Day-Diodati CC Transport
Amanda Liber NICU
Matt Brock Surgical Cardiology
Natalie Smith NICU
Kathy Prosper Surgical Oncology
Lauren Costabile-Lopez CTICU
Jane Josen NSD
APRIL 2019
A Newsletter for NYSNA RNs at Westchester Medical Center
Know Your Rights: Discipline and “Just Cause” One of the main reason workers join unions is to gain protection against unfair and unjust discipline that employers hand out. Our main contractual weapon is often times summed up in one short sentence, “Employees shall be disciplined or discharged only for just cause”. This means the employer cannot discipline for any reason (cause), but the reason has to be a “just” reason. What is a “just cause” standard? It is commonly accepted that there are seven tests as to whether a boss has used “just cause” in handing out discipline. The Bureau of National Affairs lists them as follows:
1. WAS THE EMPLOYEE ADEQUATELY WARNED OF THE CONSEQUENCES OF HIS CONDUCT? The warning may be given orally or in printed form. An exception may be made for certain conduct, such as insubordination, coming to work drunk, drinking on the job, or stealing employer property, that is so serious that the employee is expected to know it will be punishable. Example: If an employee is told to stop using vulgar language and told that if he continues he will be disciplined, that maybe adequate warning. However if a boss comes up to an employee and says “I’m tired of your swearing, cut it out”, and then the next day fires the employee for swearing again, that may not be adequate warning.
prove the employee’s innocence they should be presented to the boss, even though he failed to properly investigate the case.
4. WAS THE INVESTIGATION FAIR AND OBJECTIVE? Example: If an incident happened does the employer interview everyone present or only management people who were present. If the employer refuses to interview nonmanagement workers then the investigation may not be fair.
5. DID THE INVESTIGATION PRODUCE SUBSTANTIAL EVIDENCE OR PROOF OF GUILT? It is not required that the evidence be preponderant, conclusive, or “beyond reasonable doubt,” except where the alleged misconduct is of such a criminal or reprehensible nature as to stigmatize the employee and seriously impair his chances for future employment. Example: Here it is obvious that workers have less rights inside the workplace than they would have in civil court, but still the boss must have real evidence, not guesses. Again the boss cannot just try to make a worker prove his or her innocence, without presenting proof of guilt.
6. WERE THE RULES, ORDERS, AND PENALTIES APPLIED EVENHANDEDLY AND WITHOUT DISCRIMINATION?
2. WAS THE EMPLOYER’S RULE OR ORDER REASONABLY RELATED TO EFFICIENT AND SAFE OPERATIONS?
If enforcement has been lax in the past, management cannot suddenly reverse its course and begin to crack down without first warning employees of its intent.
Example: A boss makes a rule that all employees must wear red tee shirts and they must be tucked in so they don’t get caught in machinery. An employee is fired for wearing a blue tee shirt that was tucked in. Making a rule that tee shirts must be tucked in so they won’t get caught in machinery may be reasonable and related to safety, but demanding the tee shirt be blue isn’t related to safety or efficiency.
Example: This is the most common form of discrimination. An employer decides to suspend Mary for taking too long at lunch, but lets the employees who eat lunch with a supervisor take extra time every day. This would not hold up. However, if the employer tells everyone that starting on Monday employees will be disciplined for taking too long at lunch and on Tuesday Mary comes back late and everyone else has been on time, she may be disciplined.
3. DID MANAGEMENT INVESTIGATE BEFORE ADMINISTERING THE DISCIPLINE? The investigation normally should be made before the decision to discipline is made. Where immediate action is required, however, the best course is to suspend the employee pending investigation with the understanding that he will be restored to his job and paid for time lost if he is found not guilty. Example: The boss fires a worker for stealing and then demands evidence from the union that the worker isn’t guilty. At the grievance meeting the boss admits he never investigated the incident, just took another employee’s word. This probably wouldn’t hold up. If the union has facts to
7. WAS THE PENALTY REASONABLY RELATED TO THE SERIOUSNESS OF THE OFFENSE AND THE PAST RECORD? If employee A’s past record is significantly better than that of employee B, the employer properly may give employee A lighter punishment than employee B for the same offense. Example: The classic example is two employees get in an argument and shove each other. One has 25 years service with a clean record. The other has 3 years service with lots of warnings and discipline. Based upon the workers seniority and records, the employer may give the older worker less punishment than the other worker.
UPCOMING EVENTS
(For more information or to register, ask your NYSNA Rep)
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LEADERSHIP TRAINING PT. I
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MEDICAL MISSION & DISASTER RELIEF
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MEDICAL MISSION & DISASTER RELIEF
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PHARMACOLOGY REVIEW
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NEONATAL NURSING CERT. REVIEW
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LEADERSHIP TRAINING PT. II
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MEDICAL MISSION & DISASTER RELIEF
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CHARTING WITH A JURY IN MIND PT. II
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MEDICAL MISSION & DISASTER RELIEF
May 23, NYSNA Tarrytown Office May 29-June 2, Dominican Republic June 9-15, Mexico June 11, NYSNA Tarrytown Office June 20 & 21, NYSNA Tarrytown Office June 27, NYSNA Tarrytown Office
EXECUTIVE COMMITTEE Claire Maggio, RN, President Nursing Supervision David Long, RN, 1st Vice President CCU Debra Coyne, RN, 2nd Vice President 5N Zina Klein, RN, Grievance Chairperson Telehealth Corinne Noonan, RN, Grievance Co-Chair 4N Deb Cava, RN, Night Chairperson Nursing Supervision Jayne Cammisa, RN, Secretary NYSNA Release Time Representative
July 15-20, Cuba August 1, NYSNA Tarrytown Office August 12-18, Jamaica
NEW EXPOSURE HOTLINE! 914-493-1277 If you are exposed to blood or bodily fluids, inform your supervisor and call the hotline.
GET ANSWERS/STAY IN TOUCH
HEALTH BENEFITS
NYSNA WMC Office: Phone 914-493-8329 Fax 914-493-7175 Email jayne.cammisa@nysna.org Integrated Disability: Phone Lisa Okoro 914-493-2630 Email IntegratedDisability@WMCHealth.org NYS Retirement System: Phone 866-805-0990 or www.osc.state.ny.us/retire/retirement_online/customers.php NYSNA Welfare Funds: Phone 800-537-1237 or www.asonet.com Payroll Services Hotline: Phone 914-493-2704 Email Payroll_Services@WMCHealth.org Kronos Help Hotline: Phone 914-493-246793 Email KronosHelp@WMCHealth.org Corporate Compliance: Phone 866-545-0038 or 914-493-2600 Personal Protection and Safety Hotline 24/7: Phone 844-492-1321 SPAN: Phone 800-457-7261 WMC Health Benefits: Phone 914-493-7144 Email BenefitsHelp@wmchealth.org Aetna Medical/Rx: www.aetna.com and www.aetnanavigator.com Aetna EAP: www.resourcesforliving.com Teladoc: www.teladoc.com/aetna Cigna Dental: www.mycigna.com EyeMed Vision: www.eyemedvisioncare.com WageWorks FSA & Commuter Benefits: www.wageworks.com
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