Hi There Machel,
I wanted to take the time to respond to your post and (1) acknowledge your feelings about forming a union, (2) clarify some misconceptions you stated, (3) offer clarification on what's happening in California, and (4) offer a opportunity for you and your co-workers to look at this through a different lense.
1) From what you are describing about mgmt not being able to talk to you all about the current organizing campaign it sounds as if there is an organizing agreement between CNA and the company you work for, otherwise known as a neutrality agreement. This is not a bad thing, it just depends on the nature of the agreement. Keep in mind that hospitals & other companies will usually spend millions of dollars to maintain a union free workplace. Union busting is a multimillion dollar industry. Why is this?? Because mgmt doesn't want to share power with workers. Right now you may be able to talk to your mgr about issues but does your manager have any say in what your pension coverage is? pay rate levels? sign in bonuses? health insurance choices and co pays? staffing ratios? NO THEY DON'T because those things are dictated at a higher level in all organizations at which you and your coworkers have absolutely zero influence.
AS far as CNA being the choice on the ballot that is unfortunate as they are not the union I would choose... but again we may buy a car we don't like but we still drive right. Don't throw the baby out with the bathwater. I belong to SEIU -Service Employees Intl Union and am very happy with them and so are my coworkers.
The concept of a union is challenging for most people because it requires participation and SEIU is a democratic union as all should be. Just think about it-many of us belong to gyms and pay monthly dues, but if we don't go and particpate we don't see results. That's ideally how a union functions. My suggestion is GO UNION but VoteNo for CNA and start an organizing campaign with SEIU.
There are only 2 sides in the workplace-your side as workers and the side of the boss.
2) Regarding 1st Amendment Speech. In the workplace we are not protected by the Bill of Rights. There has been lots of case law on this issuse and the courts have ruled that 1st Amendment rights of speech are not protected in the workplace. Most people don't know this. SO you are not as risk of losing anything because you currently do not have the rights you believed you did.
Re: Talking to mgmt...Mgmt has an inherent bias in maintaining a union free/workers are powerless environment. They are they last people you should speak to about unionizing. Don't sweat it that they can't say anything to you -I can guarantee you what their response would be. Mgmt is predictable 100% of the time on this issue. The way you phrased your comments about this issue kind of come right out of Union Bisting 101, but I'm giving you the benefit of the doubt and taking your comments at face value.
We all still talk to your mgrs the same as before and in no way does forming a union stop nurses from resolving workplace issues. The contract that you will negotiate should include your elected representatives as part of your bargaining team.
3) California Tele ratios are 4:1 not 5:1 as of 2008. I can tell you that our hospital system which is the 3rd largest in California uses the fact that we are union as part of their recruitment. We have negotiated employer paid health benefits-well that's like getting a 300$ raise a month. We receive $3000/yr in tuition reimbursement annually, $2100 every 6 months in retention bonus, and union dues are tax deductable. Nurses do not abandon patients during a strike. Federal law requires that healthcare workers give a 10 day notice prior striking. A strike is a last resort! With holding our labor is the last resort to achieving bargaining goals. Think about it Machel. Nurses are quitting nursing every day because of burn out-nurses do individual strikes all the time by quitting, changing jobs, and calling in sick.
Mgmt always has the ablity to avert a strike by settling with workers. The 10 day notice provides time for mgmt to reduce pt census, bargain with workers and reach an agreement, and find replacement nurses (we call those nurses scabs and they usually come from the south oddly enough where wages are much more greatly suppressed and nurses are not as greatly unionized).
4) Forming a union is a stressful experience, but when you look at everyone else who does business with your hospital they all have a contract. The MD's, the CEO, the vendors, etc.