Pennsylvania health system should have turned over parts of sale agreement to union, court rules

The National Labor Relations Board was incorrect in buying Crozer-Keystone Health System to divulge to a union its entire sale agreement Prospect Medical Holdings, a U.S. appeals court ruled Sept. 24.

At issue in the event are documents referring to Prospects 2016 acquisition of Crozer, which involved Crozer medical facilities, its doctor network and other centers.

In the case, the Pennsylvania union asked Crozer-Keystone for a full copy of the sale arrangement for “impacts bargaining” after union members learnt more about the pending sale, however the health system declined to supply it, stating the contract was not appropriate and private to the bargaining process, the appeals court said..

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The appeals courts 2-1 judgment found that a minimum of part of the agreement between Springfield, Pa.-based Crozer and Prospect, a for-profit health center operator based in Los Angeles, was relevant to cumulative bargaining with the Pennsylvania Association of Staff Nurses and Allied Professionals, and that the health system, in not turning it over, breached the National Labor Relations Act. The court sent out the case back to the board to figure out which documents the union is entitled to evaluate.

The union subsequently submitted unreasonable labor charges with the National Labor Relations Board, which found that at least parts of the contract were pertinent, and Crozer-Keystone petitioned the appeals court to evaluate the boards previous decision.

“We are positive that the remaining documents that are at issue are not relevant to PASNAPs function as cumulative bargaining agent of Crozer staff members. We look forward to moving forward before the NLRB on this issue.”.

But the 3rd Circuit Court of Appeals in Philadelphia agreed with the boards previous determination that the health system breached federal labor law by failing to turn over parts of the sale agreement.

” We are pleased that the 3rd circuit court of appeals has ruled for the case to be sent back to the NLRB to identify which documents are permissible for the collective bargaining procedure,” the health system stated. “We are confident that the remaining files that are at concern are not pertinent to PASNAPs function as collective bargaining representative of Crozer employees. We look forward to progressing prior to the NLRB on this issue.”.

Beckers reached out to the union and will post more details when they are readily available.

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Crozer Health, formerly Crozer-Keystone, praised the appeals court choice in a declaration shown Beckers Hospital Review.

Kelly Gooch –
Friday, September 25th, 2020