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March 15, 2005
Heritage Manor Employees Strike, Alleging Worker Intimidation and Harassment
by Tony Rutherford
Huntington News Network Writer
Huntington (HNN) — Walking the picket line Monday, March 14, 2005 with the workers, Rob Johnson, administrative organizer for the Service Employees International Union, explained that Genius Corporation, one of the largest nursing home chains in West Virginia, has steadfastly refused to bargain in good faith. Whether the issue was wages, health benefits, or staffing, the tall sandy haired Johnson indicated that the administrator has refused to provide written materials to the union so the workers can have "an educated bargaining" position.
UNFAIR LABOR PRACTICES
Accusing the administration at Heritage Manor of threatening and cursing the workers, Johnson explained that Genius has not provided any formal written proposals on economic issues. Worse, the new administrator has in Johnson's words started running the place like Adolph Hitler. "Slavery ended years and years ago. We're not going backwards."
However, focusing on any proposal has to a certain extinct become secondary to the workers. Although they have had what Johnson called a "fairly decent contract" that expired, the "employer does not want to negotiate a fair and equitable contract this time around."
During sessions at the bargaining table, "this group of workers said, 'we're not going to deal with wages until we deal with staffing and respect issues.'"
Johnson revealed that the workers have endured threatened termination if they participate in the union and that the employer has gotten "involved in some of these employees personal lives... [by requesting] information that's not relevant. It doesn't make sense." In addition, the new administrator has allegedly told new employees in a literal sense that he's "the administrator by day and a terrorist at night."
While HNN talked with Johnson at the edge of the picket line, armed guards could be seen walking around the nursing home property. One appeared to be focusing a camera on our discussion. In another instance, guards turned away when we snapped photos. One obviously packed a gun in his holster as he talked with someone on the front parking lot. Due to the intense security, even this reporter felt intimidated to inquire about a comment from the management perspective. Instead, we'll use a phone first to avoid unpleasantness. However, according to another news source, Genius has brought replacement workers from 22 of their other nursing homes in West Virginia to ensure that the Heritage resident continue to receive adequate care.
Johnson indicated that prior to the strike the company had discussed plans for re-opening the second and third floors of the home. Those areas were downsized by corporate decision several years ago. When the prospect of re-opening the upper floors came up at the bargaining table, the employer said "we think we may not" open the floors.
Now, it's another of management's "threat and intimidation tactics," said Johnson.
THE ECONOMIC VARIABLES
According to Johnson, the average Heritage worker makes $9.44 per hour taking care of elderly individuals who in some instances can not take care of themselves. Most workers are women.
"The main issues are that the employer has failed to provide information regarding their health benefits proposal. They keep violating the law instead of bargain[ing]," he said. Friday the home's administrator submitted their "last best and final offer," then on Saturday, March 12 finally provided some of the previously requested data.
Calling the stone-walling an example of the parent corporation's greed, Johnson explained that the company lobbies the legislature about its "financial hardships," yet provides "lucrative wage increases" for executives. But the workers can, in Johnson's words, "give you examples where this employer does not provide adequate soap or allow them to bring in certain foods [the patient's want]."
As a fire engine toots its horn along with other trucks and cars flowing along Veterans Memorial Blvd., Johnson summarizes, "They just want to tell us what we should take and if we don't want to take it, it's just tough."
And, with all the animosity surging from the workers mouths about the supervisory attitudes and the employer's apparent lack of good faith bargaining, it may be a long time before these workers can re-enter the facility to care for the patients who have become like grandparents to them.
Which means the elderly residents will have to adjust to new faces, new procedures, security patrols, honking horns and seeing their "family" of caregivers either from a window or on television.
View Photos
The writer, Tony Rutherford, can be reached by email at .
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