Vaccine policy prompts union’s lawsuit against Vegas hospitals

Published Friday, Oct. 30, 2009 | 11:12 a.m.

Updated Friday, Oct. 30, 2009 | 2:51 p.m.

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Sun health coverage

A union sued two Las Vegas hospitals Thursday over a policy requiring hospital employees to receive flu shots -- or to wear surgical masks in patient areas if they are not vaccinated.

The Service Employees International Union Local 1107 sued Nashville-based Healthcare Corporation of America and two of its Las Vegas hospitals: Sunrise and its Sunrise Children's Hospital; and Southern Hills Hospital. HCA also owns MountainView Hospital in Las Vegas.

The lawsuit says the company has threatened to discipline employees who fail to abide by the policy, which the union says requires non-vaccinated employees to wear masks except when in cafeterias, break rooms, smoking areas and private offices.

HCA's decision to require vaccinations or the wearing of masks at all of its hospitals nationwide has helped fuel a national debate over whether health care workers should be required to receive vaccinations. HCA officials have said there's overwhelming evidence that vaccinations help prevent the spread of disease in hospitals.

The California Nurses Association/National Nurses Organizing Committee, which says it's the nation's largest nurses union with 86,000 members, issued a statement Sept. 30 saying vaccinations should be optional.

"The H1N1 virus presents a profound and unprecedented challenge to our nation’s fraying healthcare system. The H1N1 flu vaccine should be offered as one part of a comprehensive program to deal with this pandemic. That care plan must also contain immediate improvements to hospital infection control procedures, including the guarantee of an adequate supply of the appropriate N95 respirator masks as well as thoughtful isolation procedures, in addition to an immediate improvement to the public health safety net patients rely upon, and a moratorium of closures of hospitals and emergency rooms," nurse Deborah Burger, co-president of CNA/NNOC, said in a statement outlining the union policy on vaccinations.

"At the heart of this policy is the belief that every RN should be vaccinated against the H1N1 influenza virus, but nurses should maintain their right to decline for personal reasons," she said.

The two Las Vegas hospitals named in Thursday's lawsuit also are requiring the placement of stickers on employee name badges to indicate whether an employee has been vaccinated, says the lawsuit, filed by attorneys Jonathan Cohen in Pasadena, Calif.; and Michael Urban and Douglas Ritchie in Las Vegas.

The union says it's entitled to bargain with, consult and be heard concerning the hospitals' new policies.

Union attorneys in their lawsuit called the new rules a new condition of employment. They said they were initially announced on Aug. 19 when the hospitals said employees who could infect a patient or become infected would have to receive vaccinations for both seasonal flu and H1N1 flu, and anyone declining to be vaccinated would be required to wear the masks.

"The unilateral implementation of forced medical treatment or mandatory masking, and vaccination status identification badges, without bargaining with Local 1107 is inconsistent with the parties' collective bargaining agreements," the union charged in its lawsuit, filed in U.S. District Court in Las Vegas.

The union attorneys said they're seeking court intervention because, otherwise, the dispute will enter time-consuming arbitration.

"By the time a decision issues, affected employees will have suffered irreparable harm by having been forced to choose between forced medical treatment, revealing personal and private medical decisions with patients, co-workers, and the public, and termination," the lawsuit says.

The union says it represents registered nurses, certain service and technical employees, business office employees and various other non-professional employees at the hospitals.

Asked about the lawsuit, Sunrise Hospital issued this statement Friday:

"This is all part of our comprehensive infection control program and about protecting our patients. It is the flu season and the president has declared the pandemic a national emergency. We are on the front line of patient care and during emergent times we must take swift actions to ensure we can take care of our patients."

Discussion: 12 comments so far…

By neiman1

10/30/09 at 11:33 a.m.

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More of the SEIU protecting workers and the public. Why should the hospital allow nurses who ignore reasonable medical advise to infect others in the hospital. They don't have to take the vaccine, but putting on a mask is not unreasonable if your the poor patient they are infecting.

This is about union power to run the employer and has nothing to do with a nurses duty to "first do no harm".

This conjoined twin of ACORN should be disbanded and the local employees that align with SEIU should be ashamed to be a member.
By vegasstudent

10/30/09 at 11:46 a.m.

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I just don't see a problem with health care people wearing masks - even if they have the vacination. My dentist wears a mask every time I'm there as does my dental hygienist.
By RyMan

10/30/09 at 11:53 a.m.

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Although I am a union supporter, this is pretty lame. Vaccine or mask? completely reasonable and not an infringement of rights. Be flexible. This isn't a new condition of employment, it's an emergency response to a perceived national health threat.
Next in the news, "Teacher's union refuses to break up schoolyard fights, says not in contract."
By vegasfun01

10/30/09 at 12:58 p.m.

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this is why unions suck. get rid of them all!!! if the hospitals had an opposite policy, the unions would sue too. unions are nothing but a collection of the selfish were the members get screwed by paying fees to the union executives - one big scam.
By reg373

10/30/09 at 1:44 p.m.

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I'm pleased with the global response to H1N1. Even if not a serious pandemic, it's good preparation in case there is one in the future -- saw a cool site; Balkingpoints ; incredible satellite view of earth
By VegasJD

10/30/09 at 2:33 p.m.

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"At the heart of this policy is the belief that every RN should be vaccinated against the H1N1 influenza virus, but nurses should maintain their right to decline for personal reasons,"

Doesn't wearing a mask instead of taking the shot give them the right to refuse the shot? I can't wait for the iron workers union to sue over the requirement to wear hard hats, the culinary union to sue over the requirement to wear hair nets, or a group of crossing guards to sue over the requirement to wear reflective vests. If the requirement was you have to get a flu shot, maybe they have a complaint since there are potential side effects. What harm do you risk from wearing a surgical mask?
By frank1s

10/30/09 at 2:36 p.m.

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When you have your head up your butt, you have no right to complain about the view. This union has no right to complain about the view. Shame on SEIU.
By smaction

10/30/09 at 2:39 p.m.

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What do you expect in a town that does nothing about doctors sharing syringes between patients, or unlicensed people giving injections or botox parties where people all use the same vial of medicine? Junkies have better hygiene practices than the Las Vegas medical community.
By KathyMH

10/30/09 at 6:20 p.m.

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Wearing a mask by a healthcare worker if they don't get a flu vaccince doesn't sound unreasonable. Until you research: there is no scientifice evidence that wearing a mask prevents the spread of flu. There are no documented cases of healthcare workers giving a patient the flu. No one, not the CDC, IOM or OSHA recommend mandatory flu vaccines or recommend wearing a surgical mask every shift until sometime next spring. No health organization recognizes wearing a mask for an entire day. The only rules on wearing masks is for healthcare workers to protect themselves from infectious patients, not the other way around. And how many people have taken the shot and still gotten the flu? Vaccines are not 100%. The union isn't fighting this, employees are, even the ones that have taken the shot. And what about the staff allergic to vaccines? They are punished too? We should be able to stay home from work when we are sick, just like everyone else. Then we won't give any patients the flu.
Signed-A caring and informed Nurse
By wizardofOz

10/30/09 at 7:40 p.m.

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I care about Health Professionals deeply. They are exposed to AIDS, HEPATITIS, FLU, H1N1, PNEUMONIAL BACTERIA, BLOOD-BORN DISEASE, MUCUS BORN DISEASE, and on and on.

A veritable junk-yard of infectious crap, to say the least, let alone the out-of-control patients who cause injury to others, and the guilt Doctors and Nurses feel when someone in their care dies (even though they did everything they can and should have).

I can't honestly believe that the rank and file is overly upset with the option to wear a mask. Maybe the mandatory H1N1 shot, yes. Some people don't get flu shots, because the shot makes them sick as a dog. Oddly, sometimes for them, getting the flu is easier to take.

BUT H1N1 is different. It is highly contagious and deadly. A "Health Care Company" mandating an innoculous "Health Care Procedure" like wearing a mask isn't just reasonable, it's expected.

If this care provider didn't act to protect the staff and workers, and if someone at work died of H1N1, I am certain that they would be sued out of their pants, shirts, shoes, stethoscopes, and cotton swabs by the best legal trial lawyer team money could buy.

And then who would have to pay for that fiasco...?
By Planetearthcalling

10/30/09 at 11:21 p.m.

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Sounds like Dr. Hepatitis will once again be making the rounds at Sunrise and Southern Hills.

Third world medical care brought to you by "Service Employees International Union Local 1107".
By debb

11/6/09 at 12:45 p.m.

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First I believe this is fundamentally about an individual's right to choose. Those of you who feel it should be mandated, how would you feel if you were told what your medical choices will be. This is no different. I believe health care workers should be vaccinated but it should be their choice. With a sound educational program health care workers make the right choice. This was proven with the rate of vaccination to hepatitis. This is more about the employer wanting to control the employee. Second, the problem with the surgical mask is that it is not worth the effort. Surgical masks have a leakage rate of 15-40% and are only useful for 15-20 minutes. Once they become moist with breathing their efficiency decreased to as low as 12%. If the facility wanted to follow CDC recommendations they would supply N95 or greater respirator devices to the staff- then they could say they are protecting the public. Using a surgical mask is like putting a bandaid on an open heart surgery incision.