Jonathan Phelps, Lawrence Eagle-Tribune, January 6, 2012 Methuen - A labor union which represents nurses at the Holy Family Hospital has brought charges against the hospital's owner to the National Labor Relations Board claiming a nurse was wrongly fired in retaliation for her union organizing. In response to the Massachusetts Nurses Association/National Nurses United charges, the labor board has issued a formal complaint against Steward Health Care System, which calls for a hearing on the matter next month. The complaint also includes a second charge against Steward Health Care for preventing nurses from wearing buttons in support of the fired nurse, Mary Ramirez. She worked at Holy Family for 18 years.

The complaint alleges the hospital has been engaging in unfair labor practices as set forth in the National Labor Relations Act.

"After the investigation, the regional director determined that there was reasonable cause to believe the act was violated," said Robert Redbord, deputy regional attorney for the NLRB. The hearing is scheduled before an administrative law judge on February 14.

Boston-based Steward Health Care System operates 10 hospitals in Massachusetts, including the Merrimack Valley Hospital in Haverhill. The union was certified as the exclusive collective-bargaining representative for the nurses at Holy Family Hospital on July 22.

The hospital ownership denies the union's allegations and says after all the facts are presented, the NLRB will support Ramirez's termination, said Chris Murphy, a spokesman for Steward Health Care.

Ramirez was terminated on August 23 because she "intentionally changed a doctor's orders, committed an intentional medical error and failed to enter the fact that she administered a powerful narcotic (morphine) into a patient's medical record," according to a statement from the hospital.

Ramirez admitted these facts to a fellow nurse, who then reported her actions to management, the statement said.

The hospital also cited the fact that she had been previously placed on probation for two years by the Board of Registration in Nursing for diverting patient medication for her personal use as a reason for her termination, Murphy said.

"Participation in union organizing activities played no role in the decision," Murphy said. "If this was not a union hospital and the same thing happened there would have been the same result."

Along with terminating her employment, the hospital also reported her actions to the Board of Registration in Nursing.

The union seeks to reinstate Ramirez with full back pay, for Steward to withdraw its complaint on Ramirez's license and to cease and desist its current practices, according to a press release from the union.

Union spokesman David Schildmeier said Ramirez was once named "nurse of the year" at the hospital, and that she made a "minor medication error" about a month after the successful union launch.

Ramirez accidently administered the morphine to a patient intravenously (through an IV) instead of by injection. It was the right medicine and right dosage which was mistakenly administered wrong, Schildmeier said.

The union says her termination was in violation of the hospital's own policy that calls for only a verbal warning after such an error.

"This was an error that caused no harm," Schildmeier said. "This is purely an attempt by the hospital to attack this nurse, to discredit the nurse, and silence her and other nurses about advocating for their rights and improve conditions of their hospital."

Schildmeier said Ramirez properly reported the mistake and never tried to cover it up like the hospital is alleging. "She didn't falsify anything, she didn't cover anything up, she told another nurse, she made a report," Schildmeier said.

"While I was devastated by (Stewards) decision to fire me for no good reason, I am encouraged to see that they may finally be held accountable for their reprehensible behavior and mistreatment of nurses at our hospital," said Ramirez, in a statement. Ramirez could not be reached by phone last night.

Murphy, the Steward spokesman, said it was much more dangerous to administer the morphine intravenously instead of by injection like the doctor ordered.

"By changing the delivery method the patient was put at a greater risk for adverse reaction," Murphy said. "Jeopardizing patient safety is not accepted."