A former nurse has accused Duke University Hospital of firing her because of her support of unionization, just months after another nurse sued the Hospital for the same grievance.
Lynne Burgess, who worked at the Hospital 21 years before her termination in January 2001, said the decision was based on her avid union activity--not, as hospital administrators claim, alleged patient negligence.
"I was the perfect scapegoat for the anti-union [cause]," Burgess said. "Nurses in my unit could witness the most experienced nurse in the unit being fired [for supporting the union]."
Burgess said that in targeting her, the Hospital compiled a list of infractions against her, which included giving a patient too much oxygen; not giving a patient Ativan, a medicine that treats anxiety and insomnia; not giving a treatment for high potassium rapidly enough; and failing to get physicians to sign a nursing order.
Burgess admitted to committing the infractions and noted that a North Carolina Board of Nursing investigation did indeed find her accountable, but gave her the lightest applicable reprimand--attending a one-on-one course about the ethical and legal issues of nursing.
Nevertheless, she said pro-union activism made her a target, not the infractions, which she said were common nursing errors.
"Duke [University Hospital] is notorious for getting rid of senior employees so they don't have to pay senior benefits," she said.
Hospital officials declined to comment. Hospital chief executive officer Dr. William Fulkerson's office referred comment to Jeff Molter, director of the Medical Center News Office.
"Federal law protects employees from being persecuted for union activities," Molter said. "We at Duke respect our employees' right to pursue their own interests." Molter declined any additional comment on either Donahue or Burgess.
Constance Donahue, a 17-year hospital employee, filed a lawsuit on similar charges that she was terminated because she tried to rekindle nurse unionization at the Hospital. Her lawsuit named both the University and Duke University Health System as defendants, specifically listing Fulkerson, Christine Roeback, clinical operations director of General Surgery, Trauma and Transplant and Elizabeth Hickey, nurse manager for the Surgical Intensive Care Unit, as individuals involved in the firing.
Burgess, who waived her right to sue in an agreement that allowed her to technically resign and thus salvage some of her benefits, accused the same people Donahue named as persecuting her for her pro-union stance.
Both terminated nurses sought legal help from Stewart Fisher of the Durham Firm of Glenn, Mills & Fisher. Fisher confirmed legally consulting Burgess, but declined additional comment.
Local 465 of the International Union of Operating Engineers initiated a campaign in 2000 to unionize 2,500 nurses, who had complained of lost career opportunities, mandatory overtime and overworked staff levels. But in October 2000, nurses voted not to unionize under IUOE, which already represents University groundskeepers, electricians, plumbers and other maintenance employees.
Burgess became involved with Nurses United for Patient Advocacy--a pro-union group--during its third meeting. Faced with a patient-to-nurse ratio that she considered too large, Burgess supported the union to improve the quality of care for patients.
"Notice it's not called Nurses Looking Out for Their Own Butts," she said. "We came together because we were forced to supply substandard care, and did not move for any sort of benefit campaign until our licenses were being threatened."
Once Burgess became involved in NUPA, she spread the word about it to others she worked with, including Donahue, who was terminated in May 2002.
Although Burgess left the University in January 2001, she and Donahue have maintained contact and a close friendship.
"In one conversation I had with her... the red lights started going off that they were after her," Burgess said. "What she was telling me mirrored the same experience that happened to me. The hair on the back of my neck went up and I was thinking, here we go [again]."
Three months later, when Donahue was put on administrative leave, Burgess said her worst fears were realized.
The Hospital hired the national law firm Ogletree, Deakins, Nash, Smoak & Stewart for advice on the nurse unionization in IUOE. During the unionization campaign, Duke also settled with the National Labor Relations Board after Local 465 charged the Hospital with unfair labor practices--including accusations that Duke had granted wage and benefit improvements with the specific intent of curbing union support and telling union officials and nurses that negotiations would begin from scratch.
The Hospital, Burgess said, also brought Roeback to the unit where Burgess and Donahue worked in 2000 in order to dampen unionization efforts.
In Roeback's first month there, Burgess said she ended an ethics committee that Burgess had begun a year earlier.
Because of her pro-union activism, Burgess said her preemptive approach to patient care was turned against her.
"I could have sued them for slander of my professional character," Burgess said.
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