It looks like a court is going to make medical decisions. Some claim there are not enough medical staff at Kaiser. Kaiser says it is doing it’s best.
Should the court decide against Kaiser this will cause a massive cost increase—remember what happened to the cost of your burger when Newsom raised the minimum wage for fast food workers. Literally, a court could destroy health care in California.
“A federal judge declined to grant summary judgment for health care giant Kaiser in a lawsuit filed by unionized workers in Colorado, finding the case remains ripe for a January jury trial.
“The court agrees with the union that there are factual disputes as to when certain staffing inadequacies arose, evolved, and/or ended,” wrote Senior U.S. District Judge William Martinez, in a 22-page opinion.
“To that point, the court anticipates that the union has a steep hill to climb at trial to differentiate actionable events under the patient care article from those that must be arbitrated under the staffing article,” the Barack Obama appointee wrote.
This is the unions version of Bidens lawfare—use the courts to kill off your opponent.
Judge clears way for trial on understaffing claims by Kaiser union workers
Trial is set for next year over a Colorado labor union’s claims that Kaiser broke collective bargaining agreements by failing to maintain adequate staff levels.
AMANDA PAMPURO, courthousenews, 7/9/24 https://www.courthousenews.com/judge-clears-way-for-trial-on-understaffing-claims-by-kaiser-union-workers/
DENVER (CN) — A federal judge declined to grant summary judgment for health care giant Kaiser in a lawsuit filed by unionized workers in Colorado, finding the case remains ripe for a January jury trial.
“The court agrees with the union that there are factual disputes as to when certain staffing inadequacies arose, evolved, and/or ended,” wrote Senior U.S. District Judge William Martinez, in a 22-page opinion.
“To that point, the court anticipates that the union has a steep hill to climb at trial to differentiate actionable events under the patient care article from those that must be arbitrated under the staffing article,” the Barack Obama appointee wrote.
In October 2021, United Food and Commercial Workers International Union Local No. 7 sued the Kaiser Foundation Plan of Colorado and Colorado Permanente Medical Group claiming the health care giant failed to maintain adequate levels of staff as required by the union’s collective bargaining agreements.
The union represents 23,000 workers in Colorado and Wyoming, including 2,000 of Kaiser’s nurses and health care professionals. Since 2000, the agreements have required that Kaiser provides “sufficient staffing to address quality of standards of patient care and provider workload including safe coverage.”
Kaiser countersued one year later, claiming the union breached its own contractual obligation “to assist Kaiser in resolving staffing related issues.”
The health care company also argued the dispute could have been resolved during collective bargaining negotiations. The union countered that staffing has been an ongoing issue spanning decades without resolution.
Kaiser and the union disagreed on when the current staffing dispute originated, with the union starting the timer in 2017 — just within a three-year statute of limitations. Kaiser countered that the union’s delays proved costly to its defense, including the death of a key witness.
“While some portions of Kaiser’s arguments may have some merit, the court cannot find as a matter of law that the union’s claim is barred by laches,” Martinez wrote. “As the union explains, both sides were aware of staffing issues for years, and the union repeatedly raised staffing issues with Kaiser.”
In addition to denying partial summary judgment to Kaiser, Martinez gave a similarly mixed ruling to the union last month when he found both parties responsible for staffing, but that the case should proceed to trial to determine which party was at fault.
A 9-day bench trial is scheduled to begin Jan 13.
The union is represented by attorney Kristina Bush of the Highlands Ranch firm Robinson & Henry. A union representative declined to comment on the pending litigation.
Attorney Laurene Rogers, at Holland & Hart in Boulder, represents Kaiser. A spokesperson for the health care company did not respond to a request for comment by press time.
