Maine DOL cites NMMC for labor violations after nurses union complaint

Northern Maine Medical Center Cited for Labor Violations

The Maine Department of Labor (DOL) has taken action against Northern Maine Medical Center (NMMC) by issuing a citation for breaching labor regulations. The allegations include incorrectly classifying nurses as subcontractors, neglecting to pay overtime, delaying wage payments, and enforcing contracts that bypass state labor laws.

The citation, highlighting 77 instances of regulatory non-compliance, was a direct result of grievances filed by the Maine State Nurses Association/National Nurses Organizing Committee (MSNA/NNOC), which advocates for the nurses at NMMC.

“Violations like these are why NMMC nurses unionized,” stated Brad Martinez, a registered nurse in the emergency department, emphasizing the nurses' motivation to unionize and ensure accountability.

Following the citation, a settlement agreement was reached, which includes several key components:

• Financial obligations for NMMC, such as:

  • $15,706.93 to be paid to three affected nurses covering wages, liquidated damages, and interest
  • $8,750 in penalties to the state

• Two-year monitoring of NMMC’s compliance with potential additional fines amounting to $84,050 for any future violations
• Mandatory retraining for NMMC management on Maine Labor Laws within 180 days
• Termination of NMMC’s “RN Flexibility Solutions” program

The misclassification issue led to the dismissal of two nurses, who, despite receiving some compensation, are still owed further restitution by NMMC.

“We call on NMMC to immediately make whole the nurses impacted by their misclassification,” expressed Terry Caron, a registered nurse in the adult behavioral health unit, urging the hospital to address the outstanding dues.

Currently, nurses at NMMC are in the process of negotiating their inaugural contract after successfully unionizing in January 2024.

“Unfortunately, NMMC’s disregard for the law and for their nurses is symptomatic of the behavior that led us to form a union in the first place,” remarked Ami Maxwell, a registered nurse in the emergency department. She reaffirmed the union's commitment to striving for equitable treatment and a robust first contract to uphold high care standards for the community.

The Maine State Nurses Association is part of the National Nurses Organizing Committee, representing 4,000 nurses and other caregivers from Portland to Fort Kent. NNOC is affiliated with National Nurses United, the largest and fastest-growing labor union of registered nurses in the United States, boasting over 225,000 members nationwide.