Federal judge dismisses nurses’ lawsuit against
BY JASON COHEN
On May 1, a federal judge
threw out the New York State
Nurses Association lawsuit
against Montefi ore Medical
Center.
The lawsuit, which was
fi led, April 20, sought to address
severe workplace hazards
that are causing or are
likely to cause a nurse’s death
or serious physical harm.
According to the Hill, “U.S.
District Judge Jesse Furman
said he did not have the authority
to rule on the disagreement,
and he encouraged the
parties to “continue their efforts
to reach an amicable resolution
of their disputes.”
Plagued by the serious illness
and, in some instances,
death, the nurses on the front
line of the COVID-19 pandemic
were seeking a reverse Boys
Markets injunction to compel
Montefi ore to immediately
take steps required to protect
the nurses’ health and safety
pending the outcome of the arbitration.
For front line health care
workers like the Montefi ore
Montefi ore Medical Center
nurses, the lawsuit stated that
precautions must include the
provision of adequate protective
masks, such as N95s, that
are not improperly stored and
reused day after day, and the
provision of non-permeable
gowns and other covering,
both in suffi cient numbers
so that they may be changed
when needed.
BRONX TIMES R 24 EPORTER, MAY 8-14, 2020 BTR
Montefi ore Hospital was
pleased with the court’s decision.
“This ruling recognizes
the unions’ disgraceful and
counterproductive behavior
for what it is — a distraction
from our efforts to save
lives throughout the crisis,”
a spokesman said. “The court
concluded that “given the
measures that Montefi ore has
been taking, under extraordinary
circumstances, to protect
its staff and provide patient
care” it would dismiss
NYSNA’s lawsuit, allowing
us to return our focus 100% to
caring for our patients.”
A spokesman for NYSNA
said they wished the judge
ruled in their favor, but are
satisfi ed that Montefi ore has
agreed to make concessions.
Montefi ore has said that going
forward, it will do the following
for its nurses employed
at the hospital:
Properly fi t nurses with N95
respirator masks that they will
now get on a daily basis.
Give legally-required sick
pay to nurses who have been
out of work due to COVID-19
infection, and restore sick pay
banks that the hospital previously
improperly docked.
Expand COVID-19 testing
to more nurses working with
COVID-19 patients.
Establish additional compensation
benefi ts for every
frontline healthcare worker to
recognize their extra work efforts
and signifi cant personal
sacrifi ces.
Montefi ore nurses protest conditions Photo courtesy of NYSNA
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