Citing more than 40 violations of federal workplace protections that made a “free and fair election impossible,” the California Nurses Association/National Nurses United has called on federal officials to overturn the disputed election at Huntington Memorial Hospital in Pasadena, Ca.

CNA filed formal objections with the National Labor Relations Board (NLRB) late Thursday night. The outcome of the election held last week remains inconclusive as a result of 175 contested ballots that remain unresolved.

Regardless of the count, CNA leaders have blasted the conduct of hospital officials who nurses say spent millions of dollars in what CNA Co-President Zenei Cortez, RN called “an unconscionable, immoral and illegal campaign of harassment, coercion and intimidation against their frontline caregivers. Huntington’s actions made a mockery of democracy.”  

Through a pattern of blatant and illegal actions against union supporters, and disparate, favorable treatment of anti-union employees, Huntington officials, and their army of high paid consultants “created an atmosphere of fear and intimidation” that irreparably compromised the election, CNA alleged.

Even prior to the election, the NLRB issued one formal complaint against the hospital citing seven instances of unlawful conduct, including unlawful interrogation of RNs by supervisors, and surveillance and interference with RNs who supported the union. Other charges are pending before the Board.

Among the objections to the election, CNA said hospital officials:

• Engaged in physically threatening and intimidating conduct towards pro-union employees and union representatives
• Disciplined RNs in retaliation for support for CNA, denied benefits to union supporters, and gave union supporters discriminatory work assignments
• Coercively interrogated employees about their position on the union
• Threatened a wage freeze and loss of benefits if the nurses voted for CNA, while promising increases and improvements if they voted no
• Increased the presence of security to intimidate nurses
• Conducted surveillance of pro-CNA nurses
• Provided material assistance to anti-union employees while restricting access and other harassment of pro-union employees
• Hand-delivered threatening letters to the homes of pro-union RNs
• Offered financial incentives and other inducements to encourage anti-union RNs to vote
• Used statutory supervisors as observers in the election to intimidate RNs
• Impersonation of NLRB employees by hospital officials or consultants to provide misleading information to employees and imply NLRB support for the hospital
• Harassed and disparaged religious, political and community leaders who supported the rights of the RNs to unionize

The NLRB will next review the objections, and is likely to conduct a hearing.

Huntington officials recently told nurses that they would be going over budget this year by $6 million. CNA believes that much of that – money diverted from patient care delivery – is attributable to the illegal anti-union campaign that included the hiring of at least four separate anti-union law firms and consultants, including two of the most notorious, and expensive, in the nation, the Littler Mendelson law firm and IRI Consultants.

“We are so proud of our colleagues for standing up for our rights, despite the outrageous and bullying behavior of our hospital administrators,” said Huntington RN Jackie Hauffen.  “We know in our hearts that we will prevail, and RNs will enjoy CNA representation.  When we do, we will have a better hospital, with better care for our patients, our community, and the skilled and caring RNs of Huntington.”