NLRB rules for nurses in dispute with hospital

The National Labor Relations Board (NLRB) has found that Virginia Mason Medical Center engaged in unfair labor practices by requiring nurses who didn't get flu shots to wear masks.

The complaint filed Friday is the latest chapter in a long dispute between the hospital, its 600-plus nurses and their union, the Washington State Nurses Association.

A hearing has been set for June 8 before an NLRB administrative-law judge.

In late 2004, the hospital told nurses they must be vaccinated against flu or lose their jobs. Those excused from shots, for medical or religious reasons, had to take medication to help prevent the flu or wear masks.

But in January, a federal judge upheld an arbitrator's ruling that the hospital didn't have the authority to require the union nurses to get shots. The hospital has appealed that ruling to the 9th U.S. Circuit Court of Appeals in San Francisco.

The NLRB said the mask requirement has to be bargained with the union because it's a condition of employment.

Charleen Tachibana, Virginia Mason's chief nursing officer and senior vice president, declined to comment specifically on the ruling, but she said only a few staff members have been asked to wear masks because 98 percent have had flu shots.

Carol M. Ostrom: 206-464-2249 or costrom@seattletimes.com