NEW YORK NURSE: December 2007
Q.: One of my colleagues was interviewed recently on a radio show prior to an informational picket at our facility. We wanted to alert the local community to the problems we are having in our current negotiations, specifically the employer’s reluctance to negotiate regarding staffing issues. She told the interviewer that our current staffing levels are not sufficient for a high level of patient care. Now she’s worried that she may be disciplined or even terminated because of what she said. Should she be worried?
A.: Probably not. The law of employee free speech is still a bit unclear, but this much we do know: If the speech at issue
Given the circumstances described above, it appears that your employer will not legally be able to discipline your colleague. There is plainly an ongoing labor dispute – your negotiations. She described a staffing problem which is clearly related to the negotiations. Finally, she stated her belief that nurses cannot provide a high level of care under the current staffing levels. This expression of opinion, on its face, does not appear to be flagrantly disloyal, reckless, or maliciously untrue.
One final note: If you are going to be interviewed by the media, first speak with your nursing representative, labor representative, or the NYSNA Communications Department (800-724-NYRN, ext. 275) to discuss what you are going to say. They will be able to give you more information about what to say during interviews.
The NYSNA EGW Program receives many inquiries each month from members who have problems in their workplaces. If you have a question about labor relations at your facility, contact your NYSNA nursing representative. If you have a question you think should be featured in this column, send it to RNs at Work, NYSNA, 120 Wall Street, 23rd Floor, New York, N.Y. 10005.