NLRB board certifies union election of St. Mary’s Hospital nurses in Madison

The St. Louis-based SSM Health had objected to the election, arguing that charge nurses at the hospital should not be allowed to vote or join the union because they hold a supervisory role. At the nearby Meriter Hospital in Madison, charge nurses are part of the union. 

The company had filed its objections about the charge nurses prior to the election but the NLRB had decided to delay ruling on the question and the charges nurses were allowed to vote but their ballots were kept separate. 

The hospital system’s objections included claims that the delayed decision affected the election results, that charge nurses engaged in pro-union electioneering, that the union caused disruptions to the hospital’s human resources staff, that a pro-union staffer brought cookies to the voting area and that union supporters tried to enter the voting area. 

Jennifer Hadsall, the director of the NLRB region that includes Minnesota, North Dakota, South Dakota, Wisconsin and parts of Iowa, wrote in her ruling that for most of the objections, the system did not include proof of the complaint or that the activity affected the election results. 

“I have concluded, for the reasons set forth in this decision, that the offer of proof produced by the Employer is not sufficient to meet its burden of showing that the proffered evidence would be grounds for setting aside the election if introduced and credited at a hearing,” Hadsall wrote.

While the election was certified, the board has still not ruled on the question of charge nurses joining the union. 

After the ruling, nurses at the hospital celebrated the decision and urged hospital management to stop working to prevent the unionization and instead start bargaining. 

“The Labor Board has spoken, our community has spoken, elected leaders have spoken, St. Mary’s nurses have spoken, and we have resoundingly declared that it’s time for SSM to respect our union vote so we can start working on solutions for our patients,” Zach Zahalka, a nurse in the hospital’s cardiac catheterization lab, said in a statement. “As nurses, this work is a calling, and our primary role is to be our patients’ advocates. Forming our union is an extension of that patient advocacy, and we urgently have to solve the crisis of understaffing and loss of experienced nurses at St. Mary’s.”

“SSM needs to stop trying to undermine our union,” he added, “and instead focus all their resources on engaging with us productively so that together we can create real solutions for better staffing and retention to provide the best care.”

Lisa Adams, a spokesperson for the hospital, said in a statement that the hospital is reviewing the decision. 

“SSM Health respects the federal labor law process. We have received the National Labor Relations Board (NLRB) staff decision and are reviewing it,” she said.

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