New York University Medical Center And Association Of Staff Psychiatrists, Bellevue Psychiatric Hospital

324 N.L.R.B. No. 139 (1997)

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Nature of the Case

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Facts

D is a not-for-profit corporation engaged in the provision of medical and patient care services for hospitals in New York. D provided psychiatrists and other health care professionals to Bellevue Psychiatric Hospital under an affiliated contract with the New York City Health and Hospitals Corporation (HHC) for delivering medical and psychiatrist patient care and services. The Hospital had approximately 45 psychiatrists, 28 of whom were assigned to the in-patient ward. The Executive Director and Medical Director of Bellevue Psychiatrist Hospital were employed by HHC. Until March 1995, 42-50 psychiatrists were assigned 13-14 acute in-patient wards at Bellevue, which contains approximately 369 in-patient beds. For several years, HHC had expressed dissatisfaction with a practice under which certain psychiatrists employed by D at the hospital worked from 9:00 a.m. to 3:00 p.m. In September 1994, the first of the several staff meetings were conducted where it was announced that due to budget problems, the “9 to 3” timings would be changed to 9:00 to 4:30 or the staff would have to take a decreased salary. A memorandum was distributed to all the Doctors working under the “9 to 3” shift where they could either choose to work in the same timings under a prorated salary deduction or they could receive another work assignment within the department for the additional 7 ½ hours a week. D held another staff meeting where it was stated that the “9 to 3” timings would have to stop immediately and psychiatrists would no longer be allowed the on-call schedule of ten percent of preparation time as given under the affiliation contract. The psychiatrists and members of the P protested. In May 1993, one of the patients of Dr. Kermani committed suicide. After several counseling sessions, Dr. Kermani was placed on six months’ probation starting June 1993. On June 17, 1993, P filed an unfair labor practice charge regarding Dr. Kermani’s discipline and after a hearing by the Regional Director, Dr. Kermani’s probation was revoked. Dr. Kermani was warned to dissociate himself from P. After a series of meetings between both parties, a total of ten employees were laid off by D. Six of these were executive members of P. D stated further penalties would be issued on opponents of the six-hour day work schedule. The six terminated members filed charges of unfair labor practice with the National Labor Relations Board against D. P complains that D violated Section 8(a)(1) of the National Labor Relations Act by threatening its employees with cutbacks, layoffs, and other consequences if they continued their protest activities. Also, the complaint alleges that D violated Section 8(a)(1) and (3) of the Act by discharging employees Drs. Graham, Kermani, Geller, Steiner, Portnow, and Mahon because they joined, supported, or assisted P and engaged in concerted activities concerning terms and conditions of employment or other mutual aid or protection. Allegations were made that D discharged the employees to discourage employees from engaging in such activities or other concerted activities for collective bargaining or other mutual aid or protection.