By KATHERINE PETERSEN
Camino Healthcare unilaterally imposed new terms for its full-time hospital-based nurses July 29, but it has not reached a contract agreement with the nurses' union.
The nurses, who are represented by the Professional Resource for Nurses union, have worked for more than two months without a contract at El Camino Hospital and its affiliated clinics.
Management's decision to implement the new terms comes after the union voted overwhelmingly July 24 to reject management's concept of a proposed contract. Patricia Briggs, the union's president and chief negotiator, said she has yet to receive a written final offer from management, although nurses have received packets of information.
"I don't even know what the final offer is. We haven't got the slightest idea of what they're going to implement. They are bypassing the union left and right, which is illegal," she said.
Management disagreed and could no longer stand still on the matter, said Arian Dasmalchi, a Camino Healthcare spokeswoman.
"We felt we were at a legal impasse and had to move forward to protect the future health of our organization and community," Dasmalchi said. The new conditions will be added in stages, taking up to 60 days.
Wages for evening, weekend and overtime, and a management rights clause that would restore decisions on day-to-day patient care to management, are among the new terms, Dasmalchi said. Management and the union remained far apart on these two issues during negotiations.
Under the new conditions, the nurse's base salary will range from $60,000 to $70,000, with an additional $6,000 to $20,000 for weekend, night and overtime work, she said.
Under the expired contract, the union controlled procedures for making patient-care decisions at the bargaining table, Dasmalchi said.
"We're not trying to eliminate nurses' rights to collective bargaining. We are simply saying that there's a time for bargaining and there's a time for patient-care and management decisions to be made. We believe the time for bargaining is at the time of contract renewal--not throughout the year, which was what [the union] was asking for," she said.
Camino Healthcare has extended an offer to the union to continue talking in conferences on an ongoing basis.
"We hope we can work as a team to care for our patients and the community," Dasmalchi said.
Briggs, the union's president and chief negotiator, said nurses continue to picket and have filed an unfair labor practice charge against Camino Healthcare for not bargaining in good faith. The charge was filed with the National Labor Relations Board in Oakland and is under investigation.
Union leadership will urge members to enforce laws and regulations designed to protect their safety, working conditions and the care and safety of patients through all legal means available. Enforcement will begin Aug. 8 at 12:01 a.m.
"We will urge our membership to unilaterally refrain from taking part in any action or activity which violates such laws, regulations, statutes or rules. In addition, we will urge our membership to refrain from any voluntary activities carried out by registered nurses in the past because of the prior beneficial relationship which now has ceased to exist," she said.
She cited health and safety laws, state and federal laws that govern coffee breaks and overtime as well as state laws that designate staffing requirements as examples.
"Some of those laws are not being adhered to at this time. We realize we can no longer assume Camino Healthcare's good faith in working with us to maintain proper working conditions," Briggs said.
Management's proposal would take away nurses' right to grieve about violation of laws. "We're going to enforce those laws and regulations. We will fight them over implementation of an illegal working condition."
This article appeared in the Sunnyvale Sun, August 7, 1996.
©1996 Metro Publishing, Inc. All rights reserved.