Iowa City nurses union suing Board of Regents, University of Iowa

A local union representing 3,500 professional and scientific University of Iowa Health Care employees has filed a lawsuit accusing the Iowa Board of Regents and university managers of denying their right to discuss union membership away from patients and visitors.

A registered nurse with the university – who was on leave to help the union with its outreach to members and to encourage others to join – was repeatedly asked to leave or be escorted away during discussions in non-patient care areas this summer, according to the lawsuit filed in Johnson County District Court.

The nurse, identified in the lawsuit at Jessica Kratofil, reported at least six instances between July 18 and Aug. 5 where she and union officials feel the university breached a 2001 contractual agreement. That agreement included policy language stipulating 'employees may engage in incidental personal conversations, including discussions regarding union membership,” according to the lawsuit.

But on July 18 a hospital employee told Kratofil to leave an employee breakroom 'because she was not allowed to be there,” according to the lawsuit. Two days later, a hospital worker denied Kratofil entry to another employee break room, the lawsuit alleges.

When Kratofil visited an employee break room on July 25, a university employee told her she couldn't be there and 'security would escort her out if she did not leave.”

'Ms. Kratofil eventually left with a UIHC security escort,” according to the lawsuit.

That same day, Kratofil went to an employee breakroom in the hospital's labor and delivery unit where management asked if she had an appointment. When Kratofil confirmed she did not, the manager contacted security.

'A UIHC security officer arrived and requested Ms. Kratofil's name, telling her that she was disrupting business in the hospital, and followed her down in the elevator,” according to the lawsuit.

Management refused to let Kratofil into an employee break room again on Aug. 2 because 'of the availability of confidential patient information and due to past problems with items being stolen from the break room.”

The next day, after being granted access to a break room in a pediatrics unit, Kratofil 'again had to leave when management representatives told her that UIHC administration and the legal department had told them that she was not allowed to be there because it was a patient care area.”

That series of events amounts to denial of the union's right to engage in conversations about union membership outside the immediate vicinity of patients and visitors, according to the lawsuit.

'UIHC clearly breached the contractual agreement,” according to the lawsuit, which is asking a judge to order the university to let union representatives 'conduct its lawful activities.”

'This includes SEIU's unfettered access to employee break rooms for the purpose of speaking with bargaining unit members.”

Jim Jacobson, chief legal counsel for the union, said this case is about hospital access and the union's ability to talk to workers about membership. Kratofil was attempting to answer employee, questions, listen to their concerns, and potentially enlist new members, according to Jacobson.

'It's how we stay in touch with our membership,” he said, noting UIHC administrators haven't provided a 'decent rationale” for why they denied Kratofil access.

'We believe they are trying to limit our access and our ability to talk with our members,” Jacobson said.