DENVER — A years-long legal battle between Kaiser Permanente and UFCW Local 7 is getting closer to a resolution.
A federal trial is scheduled to start Monday at 8:30 a.m. as Local 7 hopes the judge will make Kaiser increase staffing, while Kaiser hopes the judge will have Local 7 do more when it comes to their part in a collective bargaining agreement.
TIMELINE LEADING UP TO THE TRIAL:
-10/14/21: Local 7 files complaint against Kaiser
-1/13/22: Amended complaint filed by Local 7
-10/21/22: Kaiser files answer and counterclaim
-1/13/24: Federal trial scheduled to start
One part of the battle is the interpretation of something called the Patient Care Article which reads as follows:
The parties recognize their mutual and ethical responsibility to provide sufficient staffing to meet quality standards of patient care, workload, and other issues affecting patient care, including, but not limited to, assuring adequate coverage, sick replacement, overtime, and to assure that no employee is required to work in any situation in which his or her license is threatened or places any employee or patient in danger.
To that end, Kaiser shall provide sufficient staffing to address quality of standards of patient care and provider workload including safe coverage.
"Given our history of partnership with labor, we are disappointed that UFCW Local 7 has chosen to pursue an unnecessary legal case rather than utilizing our well-established structure and processes for addressing concerns and resolving issues, part of a statement from Kaiser reads. "The lawsuit is without merit. "
Local 7 claims the staffing issues have been ongoing for years, and believes Kaiser is at fault.
"It is shameful that Kaiser Permanente is understaffing its facilities and that is resulting in harm to the workers and the patients. We tried to address this problem internally with the company, but they refused to work with us to resolve this crisis that is leading to burnout of workers. Many are transferring away from Kaiser or out of the healthcare field altogether,” said Kim Cordova, President of UFCW Local 7.
Local 7 shared results of a survey conducted in 2023 across 20 unions tied to Kaiser.
"More than 90% of members surveyed reported that their departments were understaffed; and, 95% said the Kaiser Permanente staffing crisis was negatively impacting patient care and access. Staggeringly, only 51% of members surveyed said they would recommend Kaiser as a good place to receive care," part of a news release from Local 7 reads.
Kaiser responded with their own data on employee turnover.
"Our rate of employees choosing to leave last year was just 6.7% in Colorado, less than half the national average in health care of 14%," part of a statement from Kaiser issued Jan. 10 reads. "And among employees represented by UFCW in Colorado, the rate of employees choosing to leave is even lower, just 5% last year. "
News5 spoke to the Healthcare Director for Local 7, Samantha Simpson, and asked why they decided this matter needed to go to trial.
"We're fighting this because, you know, for the workers, for the patients and for the entire community, who all deserve better," Simpson explained. "We are trying to advocate for what, what we think is right. For years, there have been issues with staffing at Kaiser, which causes great risk to the workers and the patients. Local 7 and our membership have been saying this, but it's Kaiser who has to realign their priorities and make the changes. So we hope to see that happen."
In Kaiser's statement, the company believes Local 7 is highlighting an issue that everyone in healthcare experienced because of the pandemic.
"Unfortunately, the union is trying to cherry-pick years-old data from the pandemic to support its claims," another part of the Kaiser statement reads. "The truth is very clear: During and after the pandemic, the entire nation’s health care system was strained. By 2023, health care organizations across the country were struggling to deliver 3 years’ worth of care that had been delayed by the pandemic. Across America, millions of people had left their careers in health care because of burnout and stress caused by the pandemic."
The trial is expected to last about eight days.
Click here for Local 7's full news release.
Click here for Kaiser's full news release.
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