A North Carolina judge has ruled that a UE member at Central Regional Hospital was unjustly fired on false allegations of patient abuse. The judge also found racial discrimination in the hospital's application of discipline rules.
On July 20, Administrative Law Judge Melissa Owens Lassiter ruled that Ronald Williams, a 27 year employee at John Umstead Hospital and Central Regional Hospital (CRH), was unjustly terminated. In September 2009, CRH fired Williams for allegedly abusing a patient by putting the patient in a choke hold. Judge Lassiter found that the evidence (including videotape footage) did not support CRH's allegations, and that Williams had restrained the unruly patient by the shoulders, not in a choke hold.
Judge Lassiter also found that the termination was motivated by race discrimination, citing the testimony of several current and former employees, including one supervisor, that white employees were disciplined less severely, or not at all, for alleged conduct similar to that of which Williams was accused. The judge also agreed with UE Local 150 that employees at CRH had not received adequate training in how to handle violent and disruptive patients. The judge ordered Williams reinstated to CRH with full back pay, attorney's fees and costs.
"I'm grateful to my family and co-workers, especially UE 150, for supporting me through this very hard time," says Williams. "I'm just looking forward to getting back to work. We will keep building the union to help workers facing unjust discipline and dangerous working conditions, which will benefit the patients we serve."
UE Local 150, the North Carolina Public Service Workers Union, helped to bring Ronald Williams' case before the judge and the local circulated petitions against his firing and had him speak at public hearings to draw attention to the injustice that his firing represents.
Local 150's Department of Health and Human Services (DHHS) Council has fought several cases in which workers at state mental health facilities have been unjustly disciplined. The union recently won reinstatement of four other workers at CRH who were fired over two incidents in which workers were unjustly blamed for abuse. In both instances, it was bad working conditions and lack of needed resources that lead to the incidents. Local 150 has hosted public events to draw attention to conditions in state hospitals and to urge passage of a mental health workers bill of rights.
In its press release announcing the Williams ruling, Local 150 said its members are gravely concerned about the large number of experienced, front-line workers that continue to be fired without just cause. Many of the most qualified workers are being forced out of state facilities by unjust discipline and due to the dangerous work conditions and low wages. This has created a sustained atmosphere of low morale. These conditions only worsen the services provided to the patients and individuals.
"This case shows all the more reasons why we need a Mental Health Workers Bill of Rights," said Larsene Taylor, a healthcare technician at Cherry Hospital and chairperson of Local 150's DHHS Council. "We don't want patients or staff hurt. Ronald's actions are what any good worker would have done. If it was properly staffed, the need for intervention would not have been needed. To be accused and fired for incidents such as this, where workers are left to make decisions in an environment where we have no control, shows that we need a better grievance procedure with right to representation and respect for just cause before being fired."
The local blames DHHS's rigid zero-tolerance policy for the wave of unjust firings. This rigid knee-jerk policy blames workers in cases where mental health patients are injured or alleged to be injured, while refusing to examine the underlying causes including understaffing, poor training, and lack of other resources in the hospitals. In response to the Williams decision, DHHS Director of Public Affairs, Renee McCoy, told the Raleigh News-Observer, "The department will continue to enforce and stand behind its zero-tolerance policy to provide safe and appropriate care and treatment of patients."