NURSES' HEARING TO OPEN HOSPITAL ACCUSED OF BLOCKING UNION ELECTION.

Byline: Karen Maeshiro Staff Writer

LANCASTER - The battle over whether Antelope Valley Hospital nurses should unionize will shift to a new arena resembling a trial in which both sides get to present their case and call on witnesses to testify.

A hearing on a state complaint that charges the hospital with interfering with registered nurses' attempts to unionize will begin today before an administrative law judge.

As in a trial, attorneys representing the hospital and the California Nurses Association can make opening statements, call and cross-examine witnesses and make closing arguments, officials said.

``It's more like a civil trial - one side putting on their case and the other side defending themselves against the charges,'' said Robin Wesley, a regional attorney with the Public Employment Relations Board.

The hearing, open to the public, is expected to take two to five days. It will be held at the hospital.

An attorney representing the hospital said she plans to call a handful of witnesses.

``We just look forward to getting the issues resolved,'' attorney Mary Palmer said.

The attorney representing the nurses could not be reached for comment.

The Public Employment Relations Board issued a complaint against the hospital in response to an unfair labor practice claim filed by the nurses association against the hospital.

An unfair labor practices claim lodged by the hospital against the nurses association was still under investigation, officials said.

At issue is a new state law that the association contends allows it to represent nurses at Antelope Valley Hospital after a majority of them submitted authorization cards.

Hospital officials say that, in their reading of it, the new state law doesn't supersede a hospital policy that calls for a secret-ballot election.

At a special meeting last Thursday, the hospital board altered the policy, lowering the required election-participation rate from 80 percent to a simple majority.

``The CNA attorney will put on evidence why they believe the hospital violated the (law). Then the hospital will cross-examine and put on its own witnesses and say why it did not violate the act, ... and the other side gets to cross-examine,'' Wesley said.

After all the evidence is presented, both sides typically are allowed to file written briefs with the judge, who then issues a decision 30 to 60 days later, Wesley said.

Sometimes attorneys agree to forgo filing briefs to expedite the process, Wesley said.

Hospital officials have maintained that some nurses signed cards without knowing it was an actual election. Union supporters have countered that the cards clearly state what they represented.

Last month, nine state lawmakers signed a letter threatening Antelope Valley Hospital officials with a legislative investigation for refusing to accept the union as the nurses' representative.