Local 5004 officers will be meeting with Arbitrator Gerard Restaino on August 22nd to seek enforcement of an arbitration award he issued last year. Restaino found the Medical Center (MC) in violation of Contract Section 4.11 Positions. This section states that the MC will be required to create and post positions on units when the need is established through the regular use of per diems and overtime.
Because the MC didn’t comply with the arbitrator’s ruling, we took the case to the Superior Court of New Jersey, and the Court affirmed the arbitrator’s award.
In his initial ruling,Arbitrator Restaino called upon the MC to “re-evaluate the staffing structure and create staffing that more realistically reflects the nursing needs that exist on at least a monthly basis and take into account patient census; patient acuity; movement of patients from unit to unit; contractual leave time; sick leave and training. The MC shall document efforts to create new positions based upon established need.” As of this date, the MC has not complied with the arbitration award. Since the arbitrator retains jurisdiction, we are scheduled to meet on August 22nd, to seek enforcement of the arbitration award.