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Did SEIU Strike-Related Sabotage Endanger Nursing Homes Residents In Connecticut?

Did militant members of the nation’s most notorious union, the Service Employees International Union (SEIU), sabotage nursing home residents and put Alzheimer’s patients’ lives in danger as they walked out on strike? While there are no suspects, police reports filed with the Danbury, Newington and Stamford, Connecticut, seem to suggest so, as there are distinct parallels to the sabotage that was committed when the SEIU engaged in a statewide nursing home strike in Connecticut in 2001.

For the last 17 months, a nursing home company, HealthBridge Management, has been locked in heated battle against the New England Health Care Employees Union, District 1199 (a SEIU division).

After the SEIU refused to agree to a contract offer with some concessions in exchange for raises totaling 9 percent in the first year and 17 percent over the next six years, HealthBridge chose to exercise its legal right to implement its “last, best and final offer” in late June. As a result, the SEIU called its 700 members out on strike and abandoned the residents at five nursing homes HealthBridge operates on July 3rd.

In the hours leading up to and those after the SEIU members walked out on strike on July 3rd, reports were filed with the police departments in Danbury, Newington and Stamford that include such incidents as:

  • “…clean linens being thrown on the floor to more serious incidents whereby patients’ identification wrist bands were removed as well as patient identifiers on room doors and wheelchairs….[T]he persons involved are presumed to be employees who are part of a protest taking place outside against the Danbury Health Care Center.” [Source: Danbury Police Department Incident Report.]
  • “Also of note for disruptive behavior that occurred prior to the employee labor strike was: The name tags on patient’s doors for the Alzheimer’s ward were mixed up. The photos attached to the medical records for these patients were removed further complicating, but not making impossible the identification of the patients. Also dietary blue stickers affixed to the door name tags were removed. Again, there would be unrestricted, unsupervised access to the areas that that occurred.” [Source: Newington Police Department Crime/Incident Report]
  • In Stamford, the glass door to the industrial washing machine was shattered. In the officer’s comments, the following was noted: “Local 1199 of S.E.I.U. union is going on strike at 6:00 am on Tuesday 7/3/12 (may be related).” [Source: Stamford Police Department Incident Report]

While the SEIU may try to shrug these incidents off as mere coincidence, the fact that extraordinarily similar incidents occurred in 2001 during a SEIU nursing home strike across Connecticut may make the SEIU’s protestations ring hollow.

In 2001, during a one-day strike, incidents of strike-related sabotage targeting nursing home residents were so pervasive that the Connecticut’s Chief State’s Attorney John M. Bailey “concluded in a damning report that many of the alleged incidents not only occurred but also were criminal.”

“There is no doubt while some of the acts in question are crimes of nuisance and mischief, others could have had an effect resulting in seriously jeopardizing the [nursing home] residents’ health and safety,” the prosecutor’s report said.

Mr. Bailey’s investigators looked at evidence and information reported by 10 homes and found that equipment and sterile medical supplies had been tampered with, patient identification bracelets were removed, drugs were missing and a door to a supply room containing oxygen had been glued shut.

During the 2001 strike, according to one report, the SEIU stopped short of denying the allegations that involved even potentially deadly sabotage:

Although stopping short of saying that the allegations had no merit, workers at a union press conference said they were stunned by charges that in the hours before a one-day strike on March 20, patient ID bracelets and “Do Not Resuscitate” stickers were removed, diabetics were given chocolate and some residents were told they’d be killed or poisoned by replacement workers.

SEIU boss Jerry Brown later called the investigation a “witch hunt.”

This past Wednesday, Connecticut’s Democratic Governor, Dannel Malloy unsurprisingly showed up on the SEIU’s picket lines voicing support for the union.

The Democrat joined the picket line at Newington Health Care Center, which is owned by Parsippany, N.J.-based HealthBridge/Care One. Malloy said it’s clear the company has taken “unfair actions” against employees, citing last week’s federal complaint against the company issued by the National Labor Relations Board.

“These types of tactics are unacceptable,” he said. “They negatively impact the lives of the residents who live in these nursing homes and the residents’ families because the continuum of care gets interrupted.”

Apparently, in the mind of Governor Malloy, the removal of name tags or photos from Alzheimer’s  patients does not negatively affect residents or their families.

Malloy’s support for the SEIU is not at all surprising given his partnership with the SEIU in unionizing the state’s daycare providers and personal care attendants.

As the police reports were filed ten days before the Governor Malloy’s visit to the SEIU picket line at one of the nursing homes where the sabotage occurred, it appears that Malloy won’t be undertaking any investigation like the one that occurred under Republican Governor John Rowland in 2001.

_______________________

“Truth isn’t mean. It’s truth.”
Andrew Breitbart (1969-2012)

Cross-posted on LaborUnionReport.com

Emphasis added throughout.

Photo credit: d3b…*

COMMENTS

  • wayne74467

    Our dear leader says the SEIU is a patriotic organization. He is friends with their leader who has visited the White House more than anyone.

  • veritaseequitas

    endangerment. If I had a loved one in one of those nursing homes, I WOULD be locked and loaded and on the hunt for the dirty s.o.b, who ordered all that to be done before the strike started.
    But, this is the left for ya’. They always talk about how they are for the compassionate and fair treatment of the people…until it does not suit them to be that way. What a bunch of low down dirty slobs.

  • lineholder

    What is the law as it pertains to Union activities that might result in patient harm that could be defined as malpractice or negligence?

    I know that under normal circumstances, employers can be sued for acts of employees via the principle of respondeat superior. But when the employer isn’t directly involved and the Union and/or union members are the root cause of such actions…do patient advocacy groups or legal custodians have any legal recourse?

    • http://www.laborunionreport.com LaborUnionReport

      However, the union is more difficult to prosecute unless it could be proven that the individuals were acting on behalf of the union and at the union’s direction…

      And even then, it would be be very difficult to prosecute.

      Here’s why:

      Hobbs Act Loophole Legitimizes Union Violence

  • lineholder

    I was just getting ready to “kowalski” my earlier comment, because I am genuinely looking for answers on this. Any other information you can send my way would be appreciated. I’ll dig deeper into the legislation mentioned in the article you linked after I get off work tonight.

    There is a bit of difference between standard labor relations law and labor relations law pertaining to health care employees because of federal and state regulatory measures that apply to patient safety. Tampering with patient ID or legal medical records are in direct violation to standard practices. At the very least, it should be a reportable offense…reported to the state licensing board if employees are required to maintain licenses.

    I know that in other countries where health care is heavily unionized, patient advocacy groups are very active in providing safeguards that protect the patient’s interests. I’m trying to learn more about the methodology that they use, but…well, that isn’t exactly common knowledge. We don’t seem to have the same emphasis here, but I’ve begun to wonder if perhaps we should.

    An employer couldn’t generate a report to the state board without it compromising provisions preventing retaliation, correct? But could a patient advocacy group do so? Or file a lawsuit if measurable harm to patients did occur? Do we have the legal option in place for this to even be possible?

    Long story short, LUR….I’ve gotten offered an opportunity to pursue a BS in a health care field, and I’m wondering about incorporating health law and patient advocacy activities into the mix. So I’m trying to learn more about where we are now, nationally, with patient advocacy activities, and where we need to go from here.

  • lineholder

    Did you see the article posted at Fox News that Health Bridge has filed for a criminal probe into actions of SEIU members?

    http://www.foxnews.com/politics/2012/07/21/firm-wants-criminal-probe-on-allegations-seiu-backed-employees-sabotaged/

    According to the article, there is evidence to suggest that employees going out on strike tampered with medication records as well. Tampering with patient ID is bad enough. Tampering with patient medication administration records (MARs) is a different matter entirely.

    If MARs were tampered with, we aren’t talking simple mischief to disrupt business activities any more. We have several laws/regulatory measures in place that require right patient/right med/right dosage policies and procedures for Medicare/Medicaid recipients for the purpose of preventing wrongful/accidental patient deaths.

    Fortunately, nothing of that sort has occurred. But I’d be interested to know how this is looked at under the context of the law as it pertains to the principle of respondeat superior. I think that may be why the organization is seeking a criminal probe in this case.

    Simple suggestion to any one reading this…if you have a family member in a nursing home and you are that person’s legal guardian or health care custodian, you can request copies of certain portions of that person’s medical record. If nothing else, get a copy of the face page/demographic sheet along with the medication administration record (MAR) and problem list.

    Set up a PHR (personal health record). You can keep the copies in paper form or you can even scan them into a PDF format and save them on a flash drive memory device. Find out what the review schedule is for the patient’s condition and update the record from time to time.

    By doing at leas this much, you can help to ensure that the person you are responsible for is provided with the opportunity to get the correct care/meds in the event that unforeseen events occur (such as fire, flood or other events that impact patient medical records)

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