It's a pretty sure bet the only reason that an Arbitrator was used was because it's required by a contract, and required by the hospital. Extremely unlikely the Union would specifically request arbitration rather than a regular trial, they are notorious for siding with big businesses. Also I likely the Union paid for that Arbitrator.
Arbitration is pretty much always a scam. Even in b2b settings, a lot of those contracts are not between parties of equal power.
Like, if a small business sets up a business account at a major office supply company, that’s a pretty common example of a b2b contract where the parties have very different power.
I seem to remember seeing something about a few churches / religious organizations trying to use arbitration clauses to avoid going to trial for things like sexual harassment, too.
The union representing nurses at Riverside Community Hospital has been ordered to pay more than $6 million to the hospital for the fallout from a 2020 strike.
The unusual financial penalty was imposed by an arbitrator who found the 10-day work stoppage during the pandemic violated the terms of the labor agreement signed by HCA Healthcare, which operates the hospital, and Service Employees International Union Local 121RN. The $6.26-million fine, the arbitrator determined, was necessary to compensate the hospital for the cost of replacing workers who walked off the job during the strike, according to a statement released Wednesday.
Nurses walked off the job in June 2020 in an effort to force the hospital to increase staffing and improve safety as COVID-19 infections surged, the union said at the time. But hospital officials argued that because nurses also voiced complaints about shortages of personal protective equipment, the reasons for the strike were too expansive to be allowed under the collective bargaining agreement the two sides had signed.
“Our contract was clear, and the union showed reckless disregard for its members and the Riverside community by calling the strike,” said Jackie Van Blaricum, president of HCA Healthcare’s Far West Division, who was the hospital’s chief executive during the strike. “We applaud the arbitrator’s decision.”
SEIU 121RN Executive Director Rosanna Mendez objected to the arbitrator’s findings, saying nurses were permitted under their contract to go on strike. She called the arbitrator’s decision “absurd and outrageous.”
“It is absolutely shocking that an arbitrator would expect nurses to not talk about safety issues,” Mendez said, adding that the union was exploring its options to contest the arbitrator’s decision.
