A judge has determined the Worcester hospital infringed 14 labor practices between February 2022 and September 2023.
In the latest chapter of what has been years of contentious battles between Saint Vincent Hospital and nurses represented by the Massachusetts Nurses Association labor union, a judge has determined the Worcester hospital infringed 14 labor practices between February 2022 and September 2023.
Following a trial heard by the National Labor Relations Board, Saint Vincent was found to have engaged in violations including: refusing union representatives access to the hospital, withholding nurse’s bonus payments, creating unlawful incentive programs, and blaming nurses for the hospital’s failure to pay bonuses. The trial was prompted by charges filed by the MNA.
NLRB Judge Susannah Merritt outlined the hospital’s infringements in a 67-page decision and recommended order, dated Jan. 10.
“Having found that the Respondent has engaged in certain unfair labor practices, it is ordered that it cease and desist therefrom and take certain affirmative action designed to effectuate the purposes and policies of the Act,” Merritt wrote in the order.
Tenet Healthcare, the Dallas-based operator of Saint Vincent, did not return WBJ’s request for comment.
“We see this ruling as a validation of unionized nurses’ power and commitment to advocate for themselves and their patients,” said Marlena Pellegrino, co-chair of the hospital’s MNA local bargaining unit, said in a Monday press release from the union.
Merritt found Saint Vincent denied two MNA union representative access to the hospital on separate occasions between February 2022 and November 2023, having unilaterally altered union access policy, including demanding 24-hour notice prior to union representative visits.
The hospital independently implemented incentive programs, including a switch shift incentive and winter extra shift agreement, which were unlawful under the National Labor Relations Act. Later, Saint Vincent was found to have withheld bonus payments owed through the incentive programs, subsequently blaming union members for their payment denials.
In one such case, the facility told a unit employee in March 2023 the hospital was withholding her winter extra shift payment. The employee stated the bonus was for $6,000; Merritt’s order did not confirm or deny this amount.
As a result of the found labor practice violations, Merritt ordered Saint Vincent to pay back employees for missed bonuses and advised the hospital must cease and desist banning union representatives from the facility, withholding bonus payment, blaming employees for their payment withholdings, unilaterally changing terms and conditions of employment without bargaining with the union, and refusing to give requested information relevant to their job functions.
The findings come after years of contentious battles between the MNA and Saint Vincent, including the
longest nurses strike in Massachusetts history in 2021-2022.
“It comes after a long period of turmoil at our hospital, and our hope is that with these findings and newly installed leadership at St. Vincent, we can enter a new phase of positive labor relations for the benefit of our members, our employer and more importantly, for the patients and communities we are all here to serve,” Pellegrino said in the release.
Mica Kanner-Mascolo is a staff writer at Worcester Business Journal, who primarily covers the healthcare, manufacturing, and higher education industries.
