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Nurse files unfair laborcharges against UCLA

By Daily Bruin Staff

May 21, 1996 9:00 p.m.

Wednesday, May 22, 1996

Public Employment Relations Board to hear case todayBy Tiffany
McElroy

Daily Bruin Contributor

After working as a nurse in the UCLA Medical Center for 10
years, Rosario Hurley filed an unfair labor practice charge against
the human resources department in the Coronary Observation
Unit.

Hurley’s charges will be heard this morning at the Public
Employment Relations Board by a public hearing officer.

Hurley claimed she filed the charge against the Coronary
Observation Unit on the hospital’s fourth floor because the nurse
manager repeatedly harassed her for participating as a union
representative.

Despite repeated phone calls, the university declined The
Bruin’s requests to comment.

Hurley claims that after working in the unit for four years and
always receiving satisfactory or above average reviews, she was
given an unfair evaluation of her work, and is asking that the
remarks be withdrawn.

"I was unfairly evaluated because of my participation with the
union, and my reputation as a nurse is at stake, so I am asking
that they remove the evaluation completely," Hurley said.

As a certified nurse representative for California Nurses
Association (CNA), Hurley’s job consisted of assisting other nurses
with their grievances against the administration. As a
representative, she also started a petition which included
signatures of staff members and former staff members citing that
the floor nurse manager allowed and participated in unsafe and
unfair working conditions.

"After receiving letters of recommendation on job performance
from my floor manager in the past, I was told that, because of the
petition, I was seen as the rebel of the unit and I could lose my
job," Hurley said. "After that, I was constantly being yelled at,
and told that I was incompetent. I was even being harassed as I was
caring for my patients."

Although Hurley did not get signatures from everyone in the
unit, she feels that she was singled out because of the
petition.

"With reorganization in the UCLA medical center, many nurses
fear that if they speak out, they will lose their jobs," said Peggy
Skotnes, a former CNA representative.

Diane Garcia, Hurley’s union representative during the hearings,
will examine testimony from nurses in the unit in order to back up
Hurley’s claims of harassment and reach a settlement.

"CNA has been willing to settle by having the evaluation taken
out, but UCLA administration has not agreed to do so," Garcia said.
"We are trying to find a middle ground with the administration, but
they have not been willing. This is why we have been forced to go
an outside party."

With the recent decision by the University of California Board
of Regents to eliminate affirmative action in hiring practices in
the university and the UCLA’s attempts to downsize hospital staff,
employees are increasingly anxious about their career at the
university, union officials said.

"The level of fear has increased among the nurses," said Paul
Krehbiel, a former CNA representative. "Grievances have tripled in
the last year, and because of downsizing in the medical center,
administration solves problems by writing people up."

During today’s hearing, both sides will present witnesses and
exhibits before the state hearing officer. Hurley is obligated to
prove a preponderance of evidence that the actions she charges are
true. The hearing officer will then decide on a settlement.

This case comes at a time when UCLA is still negotiating with
CNA to renew the nurses’ union contract. UCLA has not renewed the
contract for more than two years, which means that nurses have not
received raises during this time.

"Many students do not realize that this is happening right here
on campus," said Barbara Brazil, UCLA’s undergraduate internal vice
president and one of Hurley’s supporters. "With the political
sentiment being anti-union, UCLA administration recognizes unions
but won’t help them."

If the outcome today does not favor Hurley, she can still file
her grievance within the UC system under the Higher Education Equal
Rights Act. This act gives public university employees the right to
file and engage in collective bargaining associated with unfair
labor practices.

"I hope to have the evaluation removed," she said. "Since I have
been at UCLA, I have met all of (the medical center’s) standards,
policies, and practices regarding patient care.

"I am a good nurse and I put my patients first ­ I was not
evaluated for my work performance. As a union (representative), I
was singled out for speaking up," she said.

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