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HomeMy WebLinkAboutMINUTES - 05041993 - MR.2 n` �1 MR. 1 THROUGH MR.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: MAY 4, 1993 MATTER OF RECORD Under the Public Comment section of the Board Agenda this day, the following persons spoke: MR. 1 Steve Malloy spoke on the lack of information provided to him about his medication prescribed at a County facility as t>Dna possible side effects. MR.12 Gerber, California Nurses Association, spoke of the ential labor strike scheduled for May 11, 1993 at Casa Miguel Nursing Facility. MR. 3 Reverend Timmons requested the Board to assist him in visiting a prisoner at the Martinez Detention Facility. MR.4 Laura Del Simone requested the Board to assist her in regaining custody of her daughter. THIS IS A MATTER FOR RECORD PURPOSES ONLY c% Statement to the Community Regarding an Unfair Labor Practices Strike at Casa San Miguel Convalescent Hospital At a vote of the 130-member bargaining unit of employees at Casa San Miguel on April 30, 1993, Local 250 members voted unanimously to issue the legally required ten-day strike notice , which tells management that a strike will commence on May 11, 1993 at 2:30 PM in protest of many unfair labor practices committed by management over the past year. This notice allows the Hospital adequate time to produce plans to move patients or secure temporary help during the strike. The Union has scheduled the strike for the afternoon to take into account the needs of long-term care patients. The Union has also notified the State Department of Health and the Federal Mediation Service of the strike deadline and will cooperate fully with Federal and State authorities. The unfair labor practices, which have been investigated by the National Labor Rela- tions Board, include firings of about 10%of the bargaining unit for organizing a union, illegal surveillance by management, firing a nurse supervisor who refused to discrimi- nate against the employees, disciplining and suspending union supporters, and com- mitting many other acts of illegal discrimination, harassment of and retaliation toward union leaders and supporters. The ethnic and racial overtones to management's actions against the union supporters of this workforce of nurses, nurses aides, dietary, housekeeping and laundry employees (which is 80% Filipino) are disturbing. Management launched a concerted effort to frighten and intimidate employees by threatening to send them back to the Philip- pines, treating them disrespectfully and disciplining anyone who spoke a word of Taga- log in the workplace (including names). This caused about six employees to file EEOC claims that are currently being investigated by the State . The employees have suffered under management's acts for almost a year, ever since organizing for a union started in reaction to blatant discrimination and unfair treat- ment. In September, after employees were subjected to an intense anti-union campaign where management used every unfair tactic available (including the firings of union leaders), the employees struck a blow by voting for the union 63-51 in spite of management's tactics. In desperation the Hospital refused to recognize the election by filing objections alleging that the National Labor Relations Board had not conducted the election properly. After the election, management continued to pressure the union leaders it had not already fired by increasing workloads and disciplining for any mistake regardless of fairness or just cause. In February 1993, after findings issued by the NLRB that there was indeed evidence that management had violated Federal laws, Lenore and Moshe Shenker (majority owners of the hospital) finally agreed to negotiate with the Union to resolve the unfair practices r ► and establish a union contract (thereby removing their appeal of the election). After two meetings and several proposals by the Union in an attempt to reach agreement, the Shenkers ended negotiations and have refused to continue discussions. In the mean- time, union leaders not already fired by the Shenkers are being pressured and are sure to be fired if they are not protected. The NLRB is moving to bring the Shenkers to trial in an administrative hearing sched- uled for May 17, 1993, but there are so many allegations the trial could take days or weeks and a decision could be months away. For all of the circumstances and reasons cited previously, the Union and employees must declare that enough is enough. We've tried legal appeals, but they are slow and justice delayed is justice denied. We've tried negotiation, but management will not cooperate. Therefore, we must protest these unfair labor practices in a way that will probably cause disruption and chaos at the Hospital. We do this as a last resort and with heavy hearts for the residents at Casa San Miguel, but we must stand up for our basic decency or ultimately we won't be able to protect patient care. We have already referred a case of a patient death to the Health Department that resulted in a $15,000 fine and citation, which states in part, "The above violations either jointly, separately, or in any com- bination presented either an imminent danger that death or serious harm would result or a substantial probability that death or serious harm would result and was a direct proximate cause of death." What is saddest about this case is that a nurses aide tried to intervene for the safety of the patient and was rebuffed by a supervisor who didn't listen to the aide when she should have.,This case may be the tip of the iceberg at Casa San Miguel. The employees and Local 250 can no longer stand by while employees and possibly patients are jeopardized by a management that is insensitive and hostile. Contact: Donna Gerber Director of Organizing Hospital & Health Care Workers Local 250 510/251-1250 Attachments: Copy of Health Department citation Ten-day strike notice RECEIVED MAY 4 1993 CI-ERK BOAR p OF CONTSUPERVISORS Rq COSrA CO. J"wJZOUNION c, ";;nS.; ' LABOR State of California-Department of Health Services SECTION 1424 NOTICE Page: I of 4 pages qc S CITATION NUMBER: 02-1001-01742 Date: 02/08/93 Time:o(. p YOU ARE. HEREBY FOUND IN VIOLATION OF THE CALIFORNIA Type of Visit: COMPLAINT HEALTH AND SAFETY CODE (CHSC) , DIVISION 2, AND/OR THE Complaint Number(s) : 02-05175 CALIFORNIA CODE OF REGULATION (CCR) , TITLE 22, DIVISION 5. Licensee Name: CASA SAN MIGUEL, INC. Address: 1050 SAN MIGUEL ROAD CONCORD CA 94518 License Number: 07-0000186 Type of ownership: PROFIT CORPORATION Facility Name: CASA SAN MIGUEL Address: 1050 SAN MIGUEL ROAD CONCORD CA 94518 Telephone: (510) 825-4280 Type: SKILLED NURSING FACILITY Capacity: 200 ACLAIMS ID: 02-00136 DEADLINE FOR SECTIONS CLASS AND NATURE OF VIOLATIONS PENALTY ASSESSMENT COMPLIANCE VIOLATED $15,000.00 02/08/93 CLASS AA•CITATI.ON -- PATIENT CARE Title 22, CCR 72301(f) 72301. Required Services. 72311(a) (1) (B) (f) The facility shall ensure that all orders, written by 72311(x) (2) a person lawfully authorized to prescribe, shall be carried 72523(c) (4) out unless contraindicated. 72311. Nursing Service--General (a) Nursing service shall include, but not be limited to, the following: (1) Planning of patient care, which shall include at least the following: (B) Development of an individual , written patient care plan which indicates the care to be given, the objectives to be accomplished and the professional discipline responsible for each element of care. Objectives shall be measurable and time-limited. •(2) Implementing of each patient's care plan according Name of Evaluator: Without admitting guilt, I hereby acknowledge Barbara Dremman 14 Fc-/,J receipt of this SECTION 1424 NOTICE. Signature: Name: Evaluator Signat Title: NOTE: IN ACCORDANCE WITH CALIFORNIA HEALTH AND' SAFETY CODE, FAILURE TO CORRECT VIOLATIONS IS GROUNDS FOR SUSPENSION OR REVOCATION OF YOUR LICENSE. MR-ACL221-R001 (12/85) State of California-Department of Health Services SECTION 1424 NOTICE Page: 2 of 4 pages CITATION NUMBER: 02-1001-01742 Date: 02/08/93 Time: .2J_-S SECTIONS CLASS AND NATURE OF VIOLATIONS VIOLATED to the methods, indicated. Each patient's care shall be based on this plan. 72523. Patient Care Policies and Procedures. (c) Each facility shall establish and implement policies and procedures, including but not limited to: (4) Dietary services policies and procedures which include: Resident "R" was an 87 year old male who was admitted to the facility on 1/22/92. He had diagnoses which included dementia and a history of a gastrointestinal bleed. A history and physical of 1/23/92 included a diagnosis of reflux esophangitis. His physician, Dr. "I" stated he had a hiatus hernia and a history of regurgitation. The physician's orders included a mechanical soft diet. The resident's MDS (Minimum Data Set) dated 1/27/92 identified chewing problems. The nurses weekly summaries dated 5/12/92, 5/25/92, 6/1/92, and, 6/15/92, indicated chewing problems and on 5/18/92, 5/25/92 and 6/1/92 indicated his mouth condition to be poor. The comprehensive care plan identified on 1/28/92, poor appetite with an approach being to provide a mechanical soft diet. The care plan did not identify chewing as a problem and there were no approaches indicated to address this need. On July 2, 1992, Resident "R" was having his noon meal on the patio. Facility Staff "A" states she served the resident a whole hot dog on a bun with beans. According to Staff "A", after she served Resident "R's" meal to him she continued serving trays to other residents because Resident "R" was able to feed himself. The facility dietary manual gives the following description of mechanically altered diets: "This diet may be ordered for• patients who have difficulty chewing or swallowing. The foods are those used for the normal diet, but are served ground or chopped to minimize chewing problems. Raw fruits and vegetables may be given if chopped fine. Meats are usually ground." These procedures (e.g. food to be served ground or chopped) NOTE: IN ACCORDANCE WITH CALIFORNIA HEALTH AND- SAFETY CODE, FAILURE TO CORRECT VIOLATIONS IS GROUNDS FOR SUSPENSION OR REVOCATION OF YOUR LICENSE. MR-ACL221-RO01 (12/85) State of California-Department of Health Services SECTION 1424 NOTICE Page: 3 of 4 pages CITATION NUMBER: -02-1001-01742 Date: 02/08/93 Time: -� Y5—P SECTIONS CLASS AND NATURE OF VIOLATIONS VIOLATED were not .followed at the noon meal on July 2, 1992. Resident "R" was observed at 12:05 p.m. with his face in his plate by Staff "B" who called for help. Staff "C" initiated the Heimlich Maneuver and described his color as "bluish". * Mr. "D" (a volunteer) , stated the nurses. responded quickly and dug "stuff" out of his mouth. The resident was then transported via wheelchair into the facility where the Heimlich Maneuver was again attempted. CPR (cardio pulmonary resuscitation) was started and 911 (emergency assistance) was called. According to the paramedic written report and statements from them, it was necessary to remove two pieces of meat from the mouth and throat prior to inserting an 6ndo- tracheal tube to ventilate the resident. Thefirst piece was removed from his oral pharanx and the second was "lodged" in his trachea requiring the use of McGill forceps for removal . The pieces of meat were described as unchewed hot dog 3/4 to one inch in length. The resident was transported to Mt. Diablo Hospital by ambulance without any spontaneous breathing. Code Blue (resuscitation attempt) was stopped at 12:38 and the resident expired. The facility failed to: 1) Ensure all physician's orders (e.g. mechanical soft diet) were carried out. 2) Develop a comprehensive care plan that addresses the resident's chewing difficulty. 3) Implement the existing plan of care which indicated the need for a mechanical soft diet. 4) Implement the dietary policy and. procedure which stipulated that on a mechanical soft -diet, foods are served either ground or chopped to minimize chewing problems. The above violations either jointly, separately, or in any combination presented either an imminent danger that death or serious harm would result or a substantial probability that death or serious physical harm would result and was a NOTE: IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE, FAILURE TO CORRECT VIOLATIONS IS GROUNDS FOR SUSPENSION OR REVOCATION OF YOUR LICENSE. MR-ACL221-ROOI (12/85) State of California-Department of Health Services SECTION 1424 NOTICE Page: 4 of 4 pages CITATION NUMBER: -02-1001-01742 Date: 02/08/93 Time: a9 S� SECTIONS CLASS AND NATURE OF VIOLATIONS VIOLATED direct proximate cause of death. f NOTE: IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE, FAILURE TO CORRECT VIOLATIONS IS GROUNDS FOR SUSPENSION OR REVOCATION OF YOUR LICENSE. MR-ACL221-8001 (12/85) State of California-Department of Health Services SECTION 1424 NOTICE -- CIVIL PENALTY ASSESSMENT CITATION NUMBER: 02-1001-01742 BELOW IS THE APPLICABLE CIVIL PENALTY ASSESSMENT IMPOSED BY THE DEPARTMENT FOR THE VIOLATION OR CITATION LISTED IN THIS NOTICE. "REPEAT" B CITATIONS, WHICH ARE NOT SUBJECT TO TREBLING, ARE MARKED BY AN ASTERISK. A CITATION SUBJECT TO TREBLING IS MARKED.WITH TWO ASTERISKS AND THE APPLICABLE PENALTY ASSESSMENT HAS BEEN TREBLED. IF A CLASS B CITATION WHICH IS NOT A "REPEAT" IS CORRECTED WITHIN THE TIME ALLOTTED, THE PENALTY ASSESSMENT FOR THAT CLASS B CITATION IS REDUCED TO ZERO. CITATION NUMBER CLASS SECTIONS VIOLATED 72301(f) 72311(a) (1) (B) 72311( 72523(c)(4) 02-1001-01742 AA TOTAL AMOUNT DUE: $ 15,000.00 CONTINUING- VIOLATIONS: If you do not complete the corrections by the dates specified in the attached SECTION 1424 NOTICE, you will be assessed an additional fifty dollars ($50) for each day each violation continues beyond the correction date. CIVIL PENALTY IN LIEU OF CONTESTING: In lieu of contesting the citation, violations, or civil penalty assessment noted, you may send to this office, postmarked within fifteen business days after the licensee receives this NOTICE, the minimum amount specified by law or 50 percent of the amount specified as the penalty assessment, whichever is greater (1428.1 Health and Safety Code). The minimum specified by law for each Class "AA" violation is $5000; Class "A" violation is $1,000; and for each Class "B" violation is $100. If, in lieu of contesting, you wish to pay for the citation or violation(s) noted, please mail a check in the amount of $ 7,500.00 payable to the "State Department of Health Services". CONTESTING CLASS*.AA OR A CITATIONS (Includes WMO/WMF/Retaliation of over $1,000): If the licensee desires to contest, at a citation review conference, or directly in court, the citation, penalty assessment, or the date specified for correction- of the violation(s) , the licensee must send a written statement, indicating which option is desiredi to the licensing office specified on this form, postmarked within fifteen business days after the licensee receives the SECTION 1424 NOTICE. If a citation review conference is requested, it will be scheduled within fifteen (15) business days after the licensing office receives your statement. If the licensee desires to go directly to* court, the licensee must fill a civil action in municipal or superior court pursuant to Section 1428 (b) of the California Health and Safety Code. DISTRICT ADMINISTRATOR/DISTRICT OFF-ICE. Gilbert A Martinez Licensing & Certification Division Berkeley District office Signaturet'jf Licensing District Administrator/ 2151 Berkeley Way Designee Berkeley CA 94704 MR-ACL223-ROOI (4/88) To: The Federal Mediation And Conciliation Service Notice of Intent To Engage In ULP Strike We hereby notify you and the Employer involved, pursuant to Section 8(g) of the Na- tional Labor Relations Act, as amended by the health care institution amendments of 1974, of our intent to engage in a strike, picketing and/or other concerted activity at or near the following location(s) on the dates and hours set forth, and to continue such activity unless and until a mutually agreeable resolution has been reached. Employer with whom dispute exists: Casa San Miguel Convalescent Hospital 1050 San Miguel Road, Concord, CA Location(s) where activity will take place: 1050 San Miguel Road, Concord, CA Date and hour for commencement of activity: Tuesday, May 11, 1993 at 2:30 p.m. Union Giving Notice: Hospital & Health Care Workers Union, Local 250 SEM, AFL-CIO Date: April 30, 1993 By: _ Sal Rosselli, President cc: Employers Affected State Mediation & Conciliation Service Itio►x 3 an DATE: 4.3 REQUEST TO SPEAK FORM 77 (THREE (3) MINUTE LIMIT) C� Complete this form and place it in the box near the speakers' rostrum before addressing the. Board. NAME: PHONE: 0 ADDRESS: CITY: I am speaking formyself OR organization: lV4.1hi%jo Check one: J, ,D ( AME OF O .A!Va� I wish to speak on Agenda Item &Wod-�# l�.G My comments will be: general for against I wish to speak on the subject of .S7-/-.,4 Mr— 6!-S4- Sly.) I do not wish to speak but leave these comments for the Board to consider.