Nurses union has plans for Texas

By L.M. Sixel
Houston Chronicle
April 2, 2008

It's only been a few days since the California Nurses Association won its first victory in Texas by organizing 275 registered nurses at Cypress Fairbanks Medical Center Hospital, but it's already setting its sights on the future.

While the union's initial order of business is to move toward getting a contract for its newest members, it's also using the momentum to sign up other nurses who work for health care facilities in Houston and around Texas.

"It's simply big," said Ed Bruno, organizing coordinator for the union's National Nurses Organizing Committee in Tampa, Fla. "Texas warrants attention on its own."

And, he said, the union is finding that many nurses are interested in its message of improving nurse-patient ratios, adding whistle-blower protections and providing a voice at work.

The nationwide union that represents 80,000 registered nurses is relishing its win at the Tenet Healthcare-owned hospital. The victory also is sending some shock waves through the health care community.

Houston employment lawyer Michael Muskat, who represents companies in employment disputes, speculated that the California Nurses Association is likely eyeing other Tenet-owned hospitals in Houston.

Besides Cy-Fair, Tenet owns two others: Houston Northwest Medical Center and Park Plaza Hospital.

The campaign probably wasn't just centered on nurse-to-patient staffing ratios but had something to do with less-than-ideal communications between management and staff, said Muskat.

"If you are Tenet, you are taking notice — obviously," said Muskat, who is not working for either side.

As for other health care providers?

"I'm sure they're dusting off their nonsolicitation policies," he said.

Tenet spokesman David Matthews said he couldn't comment on the union's plans and that both sides have a nondisparagement policy.

"It's not something Tenet is talking about," he said.

At the moment, officials at the California Nurses Association said they aren't spoiling for another election but are signing up individual members at a variety of hospitals.

It's an old union model that predates government-monitor- ed elections of building a broad base of deep support, said David Monkawa, regional organizing director. He wouldn't disclose where the sign-ups are taking place. It's still to be determined whether the union will target another Tenet hospital.

When the union has a big enough group of members — not necessarily a majority — it will go to management, he said.

The key is to build a strong foundation, he said. A union can win an election handily, but if it doesn't have a committed base of grass-roots workers, it won't ultimately be too successful.

The union also is preparing for the 2009 Texas Legislature, hoping the state mandates nurse-patient ratios and provides stronger whistle-blower protection. During the last session, a bill the union sponsored didn't get far.

The union's lobbying efforts were savvy, said A. Kevin Troutman, an employment lawyer with Fisher & Phillips in Houston who watched the California Nurses Association during the last legislative session.

The union should increase the size of its footprint just by drawing attention to its work in Austin, he said. The more members it has, the more opportunity the union will have to organize hospitals that may oppose its legislative efforts.