McMillion & Hirtensteiner, LLP - Labor News
McMillion & Hirtensteiner, LLP's Labor News charts the latest developments in labor and legal issues with regular updates published as they are released to the media.
Wednesday, December 12, 2007
5,000 Sutter Nurses Prepare for Second Strike Against Chain
5,000 Sutter Nurses Prepare for Second Strike Against Chain RNs Demand Safe Patient Care in December 13 and 14 Walkouts at Thirteen Facilities OAKLAND, Calif., Dec. 12 /PRNewswire-USNewswire/ -- Nearly 5,000 RNs from thirteen Sutter Health facilities throughout Northern California are preparing for their second strike against the healthcare giant on Thursday, Dec. 13 and Friday Dec. 14, citing serious concerns over patient care and patient safety. Sutter has threatened a lockout at the majority of the affected facilities, lengthening the two-day strike into a four- or five-day lockout. The strike issues for Sutter RNs are:
-- Patient care protections at Sutter hospitals
-- Reductions in health care coverage and retirement security for Sutter
RNs
-- Sutter proposals to eliminate essential patient care services in Bay
Area communities
Picketing begins at all facilities at 7 a.m.; nurses will also stage three major rallies:
WHAT: Bay Area Nurses Rally Against Sutter Health
WHERE: California Pacific Medical Center, 3700 California St., San
Francisco
WHEN: Thursday, Dec. 13, 11:30 a.m. WHAT: Bay Area Nurses Rally Against Sutter Health
WHERE: Mills Peninsula Health Services, 1501 Trousdale Dr., Burlingame
WHEN: Friday, Dec. 14, 11:30 a.m. WHAT: San Francisco Nurses Rally to Save St. Luke's Hospital
WHERE: St. Luke's Hospital, Front Entrance, Cesar Chavez St. @ Valencia
St.
WHEN: Friday, Dec. 14, 2:30 p.m.
The RNs first walked out in October and experienced strong community support on the picket line, as they were joined by patients, doctors, elected officials, clergy, community groups, healthcare activists, advocates for seniors and the disabled, and others. In November, RNs voted overwhelmingly to authorize a second strike against Sutter, in the face of a harassment campaign by management targeting nurses for retribution.
Nurses are striking because Sutter's inadequate proposals leave serious patient care issues unaddressed, notably the demand for safe staffing at all times, even during nurse meal and rest breaks. Sutter has declined to guarantee that patient care will be protected in emergency rooms with dedicated Admit nurses and that hospital Rapid Response teams will be available if a patient's condition deteriorates. At the same time, Sutter's proposals for nurse health security, medical benefits, and pension improvements continue to be unsatisfactory to RNs and inferior to CNA standards established in contracts with Kaiser Permanente and other facilities. Sutter's attempts to close community hospitals throughout the Bay Area have also been a major flashpoint for the nurses in their attempts to negotiate a new contract. Sutter aims to close St. Luke's Hospital, Sutter Santa Rosa, and San Leandro Hospital-all of which serve a patient population that is poorer and composed of more people of color than other Sutter hospitals. The San Francisco Board of Supervisors on Tuesday sent legislation to Mayor Newsom for his expected signature, that would aid the campaign to save St. Luke's by requiring Sutter Health to justify all future permits on the basis of citywide public health needs. Sherry Ramsey, an ICU nurse at Sutter Solano said: "We are striking Sutter again mostly over working conditions, including no break relief and problems with compliance on the nurse-to-patient ratios. When Sutter forces nurses to work in unsafe conditions, we all pay the price with diminished patient care." Genel Morgan, a CCU nurse at Mills-Peninsula added: "Sutter needs to address the patient care and patient and nurse safety issues, which are very serious to the nurses. Instead they seem to have decided on a harassment campaign which will only take us backwards." Zenei Cortez, RN, a member of the Council of Presidents of the California Nurses Association/National Nurses Organizing Committee commented: "There's a danger that we'll see an exodus of experienced nurses out of Sutter facilities. The working conditions are far below other hospitals in the Bay Area." Sutter hospitals affected are St. Luke's Hospital and California Pacific Medical Center in San Francisco, Alta Bates-Summit Medical Center in Berkeley and Oakland, Mills-Peninsula Health Services in Burlingame and San Mateo, Eden Medical Center in Castro Valley, San Leandro Hospital, Sutter Delta in Antioch, Sutter Solano in Vallejo, Sutter Medical Center of Santa Rosa, Sutter Marin General Hospital in Greenbrae, and Sutter Novato. First Call Analyst:
FCMN Contact:
Source: California Nurses Association
CONTACT: Shum Preston, +1-510-273-2276, Liz Jacobs, +1-510-273-2232, or
Chuck Idelson, +1-510-273-2246, all for California Nurses Association Web site: http://www.calnurses.org/
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Profile: labor-news
posted by McMillion & Hirtensteiner LLP Labor News # 3:40 PM
Teamsters Question FCC Requirements for Owner Control in Tribune Deal
Teamsters Question FCC Requirements for Owner Control in Tribune Deal Teamsters File Request for Reconsideration WASHINGTON, Dec. 12 /PRNewswire-USNewswire/ -- Today the International Brotherhood of Teamsters sought reconsideration of the Federal Communications Commission's (FCC) decision granting the Tribune Company's (NYSE:TRB) transfer of ownership request and its associated requests for waiver of the Commission's newspaper/broadcast cross ownership rules. The deal involves transferring 100% ownership of the Company to employees through an Employee Stock Ownership Plan (ESOP) but provides employee owners no role in the governance of either the ESOP or the operating company. Instead, real estate entrepreneur Sam Zell, who will not have an ownership interest, along with his handpicked Board of Directors and ESOP trustee, will control the company including its fourteen newspapers, twenty-three television stations and one radio station. "Apparently the FCC was tuned out during its public listening tour," said James P. Hoffa, General President of the International Brotherhood of Teamsters. "In its rush to judgment, the Commission has failed to enforce its current rules or protect the public interest." The Teamsters, which represents 2,000 Tribune employees, raised concerns with the FCC about the buyout structure of the Tribune Company. The Teamsters believe the structure violates the FCC's requirement (Section 310-D of the Communications Act) that stations be controlled by their owners, and not by Sam Zell, a trust established for the benefit of members of his family, and a pre-selected ESOP trustee. This third party ownership violates the FCC's requirement that stations be controlled by their owners, and undermines the public interest and the FCC's mission of promoting localism and diversity. In oral testimony at the Commission's October 31st public hearing -- the last of a series by the agency to consider the impact of broadcast cross ownership rules on localism -- the Teamsters alerted the Commission to violations the deal posed. The testimony, a summary of which also was filed in the Tribune proceeding, reads in part: "This separation of ownership and management is unprecedented and would set a new, and very low, standard for compliance with the Communication Act's public interest requirements, which are the basis for the localism and diversity principles in broadcasting," said George Tedeschi, International Vice President of the International Brotherhood of Teamsters and employee of the Tribune's New York Newsday. Founded in 1905, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women throughout the United States and Canada. First Call Analyst:
FCMN Contact:
Source: International Brotherhood of Teamsters
CONTACT: Galen Munroe of the International Brotherhood of Teamsters,
+1-202-624-6904 Web Site: http://www.teamster.org/
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Profile: labor-news
posted by McMillion & Hirtensteiner LLP Labor News # 1:05 PM
U.S. Labor Department Proposes Regulations to Increase Disclosure of Fees and Conflict of Interests Affecting 401(K) and Other Employee Benefit Plans
U.S. Labor Department Proposes Regulations to Increase Disclosure of Fees and Conflict of Interests Affecting 401(K) and Other Employee Benefit Plans WASHINGTON, Dec. 12 /PRNewswire-USNewswire/ -- The U.S. Department of Labor today announced a proposed rule that will enhance disclosure to fiduciaries of 401(k) and other employee benefit plans to assist them in determining the reasonableness of compensation paid to plan service providers and conflicts of interest that may affect a service provider's performance under a service contract or arrangement. "One of the department's top priorities is improved disclosure in order to ensure that participants and fiduciaries have the information they need to make informed decisions," said U.S. Secretary of Labor Elaine L. Chao. "We are working quickly to implement regulations that foster fair, competitive and transparent prices for services as well as combat excessive or hidden plan fees." The proposed regulation would enhance disclosure to plan fiduciaries by requiring that contracts between certain service providers and plans provide for specific and detailed information. The proposal requires that all services furnished to a plan and all compensation, direct and indirect, to be received by the service provider be disclosed in writing. The proposal also requires the disclosure of possible conflicts of interest of the service provider that may affect the performance of plan services. In addition, the department is proposing a class exemption to provide relief to plan fiduciaries who enter into deficient contracts with service providers that, unbeknownst to the plan fiduciary, failed to comply with their disclosure obligations. "401(k) savings and other employee benefit plans are critical to the retirement and health security of American workers and their families," said Bradford P. Campbell, assistant secretary for the Labor Department's Employee Benefits Security Administration. "This initiative enhances disclosure of fees and conflicts of interest that can affect workers' interests and is an important part of our continued efforts to enhance workers' benefit security." Comments on the proposed regulation should be directed to the U.S. Department of Labor, Employee Benefits Security Administration, Room N-5655, 200 Constitution Ave. N.W., Washington, D.C. 20210, Attention: 408(b)(2) Amendment; or electronically to e-ORI@dol.gov or via www.regulations.gov. U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.
First Call Analyst:
FCMN Contact:
Source: U.S. Department of Labor
CONTACT: Gloria Della, +1-202-693-8664, or Richard Manning,
+1-202-693-4676, both of the U.S. Department of Labor Web Site: http://www.dol.gov/
http://www.regulations.gov/
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Profile: labor-news
posted by McMillion & Hirtensteiner LLP Labor News # 12:10 PM
Supporters to Gather in Show of Solidarity With Striking CAC of NY Workers
Supporters to Gather in Show of Solidarity With Striking CAC of NY Workers
Christmas Tree to Be Lit in Support of Striking Workers
Contact: Richard Weiss 212-452-9427
Cell: 917-560-0046
Eli Kent: 646-208-7150
WHO:
Hundreds of Asbestos, Lead & Hazardous Waste Laborers' Local 78 Members
Local 78 Business Manager Edison Severino
Congressman Joe Crowley's Office
State Senator Ruth Hassell Thompson
Assemblyman Michael Benedetto
Co-op City Shareholders & Residents
WHEN:
Thursday, December 13, 2007
12 Noon
WHERE:
93 Co-op City Blvd (opposite the Bellamy Loop)
WHAT:
On December 3, 2007 CAC of NY illegally fired 12 workers from the jobs for refusing to renounce their union membership and take a 32% cut in wages and benefits. CAC of NY performs asbestos removal in Co-op City apartments. In addition to violating the National Labor Relations Act, CAC of NY is currently engaged in dangerous work practices that threaten the health and safety of the residents of Co-op City, as well as the replacement workers brought in to replace the striking union members.
Labor and political leaders will be gathering to show support for the striking workers and also to light the striking workers' Christmas tree. CONTACT: Richard Weiss, +1-212-452-9427 (office), +1-917-560-0046, (mobile), or Eli Kent, +1-646-208-7150, both of Laborers' Local 78 /PRNewswire-USNewswire -- Dec. 12/ First Call Analyst:
FCMN Contact:
Source: Laborers Local 78
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Profile: labor-news
posted by McMillion & Hirtensteiner LLP Labor News # 12:02 PM
Bush Administration Weakens Truck Safety
Bush Administration Weakens Truck Safety Teamsters Say Regulators Co-opted by Industry Note: Retransmitting due to technical problems. WASHINGTON, Dec. 12 /PRNewswire-USNewswire/ -- The Teamsters union regrets the Bush administration's decision Tuesday to side with the trucking industry rather than the driving public by reinstating a rule that undermines highway safety. The hours-of-service rule, which allows truck drivers to work as many as 17 more hours a week, was twice thrown out by the court. "The Bush administration is recklessly endangering the lives of all Americans driving on our highways," said Teamsters General President Jim Hoffa. "Longer hours for truck drivers behind the wheel and unsafe Mexican trucks on our highways will jeopardize public safety." "It's clear the Bush administration has more loyalty to its corporate supporters than to the men and women who actually drive on our roads," Hoffa said. "The Federal Motor Carrier Safety Administration in particular is showing that it is held captive by the trucking industry." On July 24, the U.S. District Court of Appeals for the District of Columbia Circuit for the second time threw out the rule that increased driving time to 11 hours from 10 hours and required drivers to be off duty for only 34 hours before going back to work. In the 39-page opinion, Judge Merrick Garland called the rule "arbitrary and capricious." Hoffa said the Teamsters do not believe there is evidence that the new rule is safer, and plenty of evidence to show that it is not. "There has been no peer-reviewed study published that shows this rule is safer than the previous rule," Hoffa said. "Further, Congress ordered that the health of the driver be taken into consideration, which FMCSA has once again ignored," Hoffa said. In the first court decision, FMCSA was cited for failing to take into account the health of the driver. Background The Federal Motor Carrier Safety Administration (FMCSA) first promulgated the hours-of-service regulation increasing the number of hours truckers can drive in 2003. The Court of Appeals for the D.C. Circuit struck down the rule in 2004, but Congress reinstated it as part of the Surface Transportation Extension Act of 2004. FMCSA issued a new Notice of Proposed Rulemaking in January 2005, proposing a rule that was little changed from the 2003 rule that had been struck down. The International Brotherhood of Teamsters was a plaintiff in the case, joining Public Citizen and the Owner-Operator Independent Drivers Association. The legal deadline for the court's July decision to go into effect was Sept. 14. But legal challenges pushed that deadline back. Founded in 1903, the Teamsters Union represents more than 1.4 million hardworking men and women in the United States and Canada. First Call Analyst:
FCMN Contact:
Source: International Brotherhood of Teamsters
CONTACT: Leslie Miller of the International Brotherhood of Teamsters,
+1-202-624-6911, lmiller@teamster.org Web Site: http://www.teamster.org/
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Profile: labor-news
posted by McMillion & Hirtensteiner LLP Labor News # 7:20 AM
New Cleaning Industry Topics Page Provides Important Safety and Health Resources
New Cleaning Industry Topics Page Provides Important Safety and Health Resources WASHINGTON, Dec. 12 /PRNewswire-USNewswire/ -- A new U.S. Department of Labor Occupational Safety and Health Administration web page will help cleaning and maintenance industry employers protect the safety and health of their employees. The new Safety and Health Topics page, "OSHA Assistance for the Cleaning Industry," (http://www.osha.gov/dcsp/products/topics/cleaningindustry/index.html) provides information on potential hazards, such as slips, trips and falls, OSHA standards, and links to free resources from OSHA and other organizations. The web page was developed by OSHA with input from ISSA, a cleaning industry trade association, as part of the OSHA and ISSA Alliance (http://www.osha.gov/dcsp/alliances/issa/issa.html). "OSHA is the leading resource on safety and health issues for employers and employees in all industries," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "This new Safety and Health Topics page is another example of OSHA's commitment to assist employees with identifying and preventing workplace hazards in the cleaning industry." The page features information from OSHA and other organizations on the types of hazards common in the cleaning and maintenance industry. Visitors may examine topics related to hazardous or toxic substances, cleaning chemicals and electrical risks, and possible solutions to avoid these hazards. In addition, the page features links to standards frequently cited by OSHA in this industry, such as bloodborne pathogens, asbestos and hazard communication. OSHA and ISSA have worked together under the Alliance for two years, providing more than 77,000 ISSA members and other stakeholders with valuable information and training resources. ISSA represents more than 4,800 distributor, manufacturer, building service contractor and in-house service provider members. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov. U.S. Labor Department releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audiotape or disc) from the COAST office. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.
First Call Analyst:
FCMN Contact:
Source: Occupational Safety and Health Administration
CONTACT: U.S. Department of Labor/OSHA Office of Communications,
+1-202-693-1999 Web Site: http://www.dol.gov/
http://www.osha.gov/
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Profile: labor-news
posted by McMillion & Hirtensteiner LLP Labor News # 5:49 AM
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