AFT Issues "Protective Order" for Oregon Federation of Nurses and Health Professionals
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For Only Fourth Time in Its 93-Year History AFT Finds It Necessary to Suspend Local Officers for Putting Members` Contracts in Jeopardy, Violating Fiduciary Responsibility and Engaging in Undemocratic Practices OFNHP Now Operating Under a Temporary Administratorship PORTLAND, Ore.--(Business Wire)-- The American Federation of Teachers removedthetop officers of the Oregon Federation of Nurses and Health Professionals (OFNHP), including President Kathy Geroux, and AFT Healthcare took over the union`s functions and finances through a "protective order" to prevent the erosion of members` bargaining status, contractual protections and democratic rights. "We were greatly concerned that the actions of a few local leaders were putting the rights of thousands of our members at risk. It`s our job to protect the members," said Anne Goldman, RN, an AFT Healthcare officer. AFT Healthcare is the 70,000-member healthcare division of the American Federation of Teachers. This is only the fourth time in the AFT`s 93-year history that it placed a local union under a temporary administratorship. AFT President Randi Weingarten appointed labor lawyer Mark Richard as OFNHP Trustee. "A small group of local leaders violated their responsibility to its members by failing to abide by the union`s constitution and related labor laws," Richard said. "Voting procedures, meeting requirements, and rules on spending were ignored by individuals intent on proceeding with a personal agenda. If the national union did not act, members risked losing their bargaining power with their employer or at the very least being thrown into a legal limbo." In June, AFT Healthcare was approached by several members of the Oregon affiliate, including former elected officers, who presented a petition asking for assistance from the national union. The OFNHP members described what they called "a nightmare scenario" in which OFNHP officers were using union dues without proper authorization and taking actions in violation of the union`s local and national constitutions to change the bargaining status of OFNHP`s members and possibly switch union affiliations. The charges brought by members took on added urgency because contract negotiations are scheduled to begin with the union`s primary employer, Kaiser Permanente, in 2010. "AFT members have the right to disaffiliate, drop out of a bargaining coalition or make other changes if their local union leaders follow the steps outlined in the union constitution. If they don`t follow the rules, the national union must step in to protect the rights and livelihoods of those who depend on us," Weingarten said. Richard said that if the officer`s illegal actions continued, it could have placed members` contracts in jeopardy. Additionally, if the local leaders had carried out their plans, OFNHP would no longer be a part of the 15-union bargaining coalition at Kaiser. Further, Richard said, AFL-CIO rules preclude an AFL-CIO local union from immediately affiliating with another AFL-CIO union. "OFNHP`s leaders forgot what business they are in," Richard said. "They were supposed to protect members rights, create democracy in the workplace and the union hall and ensure that contractual language were protected. Instead, they engaged in a campaign of falsehoods, ignored members rights, violated their fiduciary responsibilities and placed their contract with Kaiser at risk." Geroux and others on her team had rebuffed AFT`s efforts to investigate charges brought by members, claiming that AFT had wanted to divest itself of OFNHP, a charge that AFT Healthcare Organizing Director Gary Stephenson called "an outrageous lie." The AFT Constitution in Article VI, Section 15 authorizes the national officers to take temporary control of the operations of an affiliate for the purpose of restoring the democratic rights of members and, or, correcting financial malpractice or misappropriation or loss of funds. An emergency administratorship may be authorized in order to secure and safeguard an affiliate`s assets and vital records from immediate threat, provided that the AFT`s Executive Council approves within five business days and a committee charged with a formal investigation with full due process rights and procedures is constituted within 24 hours of such a vote. A vote by the national union`s Executive Council has been scheduled for July 11. The Oregon Federation of Nurses and Health Professionals (OFNHP) represents 3,000 nurses and health care workers in Oregon and Washington. The local is part of AFT Healthcare which represents more than 70,000 members in 100 locals in 18 states and territories. Nationally, the American Federation of Teachers represents 1.4 million members. The union is an affiliate of the AFL-CIO. AFT/OFNHP Contact: Jamie Horwitz, 202-549-4921 jhdcpr@starpower.net Copyright Business Wire 2009
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