News: NLRB rules in favor of NPO in Norton Healthcare complaint

May 10, 2000

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NLRB rules in favor of NPO in Norton Healthcare complaint

Nurses Professional Organization AFSCME Press Release

LOUISVILLE — In a decision and order issued May 5, 2000, Judge Leonard M. Wagman found Norton Healthcare Inc. unlawfully violated the rights of its employees.

Wagman, an administrative law judge for the National Labor Relations Board (NLRB) found that the Norton hospitals' pre-May 1999 no solicitation policy was overly broad and could be interpreted as "barring employees from engaging in union activity and a whole range of other concerted activities protected under Section 7 of the Act during their free time."

Norton Healthcare issued a new, even more restrictive policy in May 1999. The judge stated, in regard to the new policy, that "these sweeping restrictions upon its off-duty employees" are in violation of the National Labor Relations Act. The judge ruled further that Norton Healthcare's "awareness of, and expressed hostility toward, the Union's persistent organizing effort and the timing of the implementation of the stricter solicitation policy strongly suggest an unlawful motive for that policy."

Wagman found that Norton Healthcare "devised and implemented its stricter solicitation regulations in May to thwart its employees' enjoyment of their right under Section 7 of the Act to engage in union activity."

In addition, Judge Wagman ruled that Norton Hospital's write up of Susan Yost, RN at the Downtown Norton Hospital, unlawfully interfered with the right of employees to engage in concerted activity. Yost was written up for talking to employees about the subcontracting of housekeeping and about speaking with the news media. Her discipline immediately followed an article in the Courier Journal concerning the subcontracting and its impact on employees. Following employee and public protests over failure by the contractor to supply sufficient workers and supplies to keep the hospitals clean, Norton recently reversed its decision on subcontracting of the housekeeping department.

The Nurses Professional Organization, AFSCME, filed these unfair labor practice charges in March through June of 1999. The case was tried with scores of nurses and community supporters in attendance at the University of Louisville School of Law on September 1, 1999. NPO spokesperson Kay Tillow said "these rulings are a major victory in the struggle to establish the freedom to speak and the freedom to organize. It is now time for Norton Audubon Hospital to stop fighting nurses and to recognize and bargain with the NPO."

For further information: Gemma Ziegler or Kay Tillow (502) 459-3393 Full 19 page decision and order available upon request.

Nurses Professional Organization (NPO) AFSCME 1169 Eastern Parkway, Suite 2200 Louisville, KY 40217 (502) 459 3393

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