JUDGE REJECTS LANCASTER HOSPITAL'S EFFORT TO BAR UNION.

Byline: Karen Maeshiro Daily News Staff Writer

Lancaster Community Hospital lost its bid for a court order barring union organizers from hospital property.

Union officials said Los Angeles Superior Court Judge Robert O'Brien's decision to reject the preliminary injunction reaffirmed the union's right of access to the hospital.

``The argument we made was that one, it is federal law that allows us to do this, and a hearing in state court is an inappropriate venue,'' said Tom O'Connor, spokesman for Hospital and Service Employees Union Local 399. ``Our right of access is substantial and real, and the basis for the (ban on access) is basically frivolous and without basis in law.''

The hospital had obtained the temporary restraining order, contending union activity, including holding a union election, constituted trespassing and was disruptive and interfering with hospital operations.

With the rejection of the preliminary injunction, the temporary restraining order expired Friday, officials said.

``The hospital believes it's an incorrect decision,'' hospital attorney William Emmanuel said.

Union officials are accusing the hospital of engaging in unfair labor practices, saying the hospital interfered with the election for a union bargaining team in the hospital cafeteria.

The union charges that the hospital threatened workers with discipline to keep them from participating in the Jan. 31 election, and ``stalked'' and threatened to arrest a union representative who was staffing the vote table.

Union representatives have lodged complaints with the National Labor Relations Board.

NLRB officials said they will investigate to determine if the complaint has any merit. If merit is found and both sides cannot reach an agreement, the NLRB will issue a complaint, and a hearing will be held before an administrative law judge.

In 1994, the NLRB charged Lancaster Community Hospital with violating federal labor law by interfering with a demonstration by hospital workers and photographing pickets during a rally.

The case was settled in the spring of 1995 after the hospital agreed to refrain from such conduct in the future and post a notice alerting employees to the resolution, officials said.

Contract talks for about 400 employees have been ongoing since 1993, four years after hospital workers voted for representation by the Hospital and Service Employees Union.

Negotiations began after Lancaster Community's legal challenges to the union vote were rejected by an appeals court, officials said.