FLU SHOTS

FLU SHOTS NO LONGER MANDATORY

On December 2, 2013 District court Judge, Nan G. Nash signed an injunction stopping University Hospital from implementing the disciplinary part of the mandated flu shot policy newly adopted in late September until the University of New Mexico Labor Board makes a decision. The injunction states that if the University of New Mexico Labor Board finds in favor of the Hospital, The employees will have ten (10) days from the time the decision came down , to become compliant or face the disciplinary action that has been put in place. (My words, not verbatim)

The University of New Mexico Labor Board met on January 8, 2013. Both the Union and Management gave their arguments regarding the unilateral implementation of the flu shot policy. The Hospital’s position was that it could implement this policy unilaterally as it allows for this under the “Management right s” clause of the contract and we have waived our right to bargain due to the “Partial Invalidity Separability, Waiver and Ratification” Article # 23. The Hospital feels it would only have to negotiate the “Affects” of the policy, meaning the discipline part and nothing else. The Hospital also tried to claim the policy was mandated by the Joint Commission and the CDC these claims were shown to be false.

The Union disagreed with the Hospital’s contention and argued it was a mandatory subject of bargaining as it is a term and condition of employment, and as such, requested that the Board find in favor of the Union and mandate that not only the Hospital negotiate any such policy but to keep the status quo in place while doing so. The status quo would be the policy that was in place prior to the unilateral change that took place in November 2013. That policy allowed for personal exemptions and the employee would only have to file a declination form with the Hospital.

The board was unable to deliberate and come to a decision as one or more of the Board members had to leave town on pressing business. District 1199NM and UNMH continued dialog and we are happy to say we have come to an agreement that will last until June of 2016. The Labor Board approved of the agreement and closed the books on the PPC with no Board decision. Employees at UNMH will now be able to file a personal exemption form with EHS. Those employees will need to wear a mask during their work schedule not to include eating areas (Jersey Jacks, Break Rooms, Cafeteria, etc.). E-mails have gone out to those employees who had not yet gotten a flu shot to make them aware of the new agreement.  

Bill Browne,

Administrative Director

District 1199NM, NUCCHE, AFSCME, AFL-CIO.