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Former CPH nurse's hearing ends

Posted: May 17, 2012 - 8:37pm

A recent hearing investigating allegations of unfair labor practices filed by a former Central Peninsula Hospital nurse who was fired from his post in October 2010 concluded Thursday.

The National Labor Relations Board requested the hearing before an administrative law judge to determine if Ray Southwell’s allegations were true and required action from the federal board. The hearing started on Tuesday and included Southwell, an NLRB attorney and CPH attorneys and officials and others.

The judge did not issue a decision, but John Fawley, attorney for NLRB’s Region 19 said it would likely be several months before the judge does so. Both sides’ legal briefs are due on June 21. Either side can settle the case before the judge’s decision through one of two avenues — with or without the NLRB included, Fawley said.

If the hospital chooses to settle with the NRLB, it would likely mean reinstatement and back pay for Southwell. If CPH settles with Southwell only, the NLRB can give an opinion on the settlement, Fawley said.

“My concerns were expressed during the trial and we’ll see what the judge feels,” Southwell said.

CPH Chief Executive Officer Rick Davis said he had no comment on the hearing.

The NLRB’s cases stem from allegations filed by Southwell detailing the reasons he said he was given for his termination in 2010. Specifically, one of the two charges relates to Southwell’s criticism of CPH’s management style and “bullying” before and after the November 2008 hospital shooting.

A second allegation centers on CPH rules relating to the behavior of employees, their conduct and outside activity that might interfere or conflict with hospital operations.

“We are alleging the action that was taken against him in disciplining him and ultimately discharging him was done on an illegal basis,” said Anne Pomerantz, acting regional director of the NLRB for Region 19, in an April interview. “We are saying the reason underpinning it was unlawful.”

The judge will issue a decision and file a recommended order that will then go to the NLRB board in Washington, D.C. The NLRB seeks “make whole solutions,” including rescission of unlawful rules, rescission of the discipline and reinstatement, Pomerantz said. The judge can agree with all, none or part of Southwell’s allegations.

Southwell said he was happy to have his concerns heard. He said he is more glad to have the case off his chest than he is concerned about the case’s outcome.

“I feel like I’m done,” Southwell said. “I told my wife, ‘I can’t do this anymore.’ Unless these nurses tell me that (the bullying) is still going on, then I’ll be back in the media. But I’m done and I can’t do anymore.”

Brian Smith can be reached at brian.smith@peninsulaclarion.com.

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normolson
428
Points
normolson 05/19/12 - 06:59 pm
1
4
Where's The Beef?

After two days and no comments on the blog? What happened to our dedicated snipers, Leewaytooo and Norseman? What's wrong, guys... Have to decided that the water is too hot to stick your toe in? Ray, the radical, or Ray the bearer of truth?

You guys who have been the loudest critics are served crow, medium rare...

The men with no standing and no names are just so much dunnage to be thrown on the pile of irrelevent noise.

Got ya, you bunch of nameless noise makers!

JOAT
490
Points
JOAT 05/19/12 - 11:31 pm
3
0
What are you talking about?

Did you read the article, Norm? There was no decision made. How would that be considered "crow" for the anti-Ray guys? It's no more evidence of victory for one side or the other, though it is quite baffling why anyone but Ray and CPH could give a rat's patootie one way or the other. As far as I'm concerned, this is a private HR issue and never should have been made public.

Can you explain (at least for us highly intelligent and logical types) exactly how you "got em"?

normolson
428
Points
normolson 05/20/12 - 10:13 am
0
3
No Odds

Sure, it would seem that I am jumping the gun, but I sat through the entire hearing. The amount of deception and coverup offered surprised even the judge.
As will all of us, I'll await the final ruling, but my gut tells me that CPH will roll over and float to the top.
One of the classic moments in the trial was CPH's attorneys attempt to bring up Ray's past and present connection with the militia. The judge immediately stopped the trial and looked right at the prosecutions attorney and said, "What does that have to do with anything?" He did listen to testimony about certain CPH employees' effort to discredit Ray by making public old news articles.
We'll see how it goes, but I'd take even bets with no odds.

Watchman on the Wall
2893
Points
Watchman on the Wall 05/20/12 - 05:35 pm
0
3
I could be a Judge

Sounds like I, as well as a few other not so smart people according to some could all be Judges as thats exactly what WE ALL SAID.
Point B has nothing to do with Point A, yet it does appear that some who wanted it to may work for CPGH as suspected down below hidden from public sight & the light.
The Darkness always hates the light as it reveals the true intentions of the sinful heart of people which is usually the trouble when abuses are involved in all areas of life.
As was said before Time will reveal what is what and who is right or wrong in most cases, not all though as Evil does win sometimes, but it's a short win compared to eternity.

Isaiah 1:23

cheapersmokes
1239
Points
cheapersmokes 05/21/12 - 05:47 am
1
0
NLRB Hearings!

If your hoping to get a fair and just hearing result from them your going to be disappointed since they have a very large team of lawyers working in the background figuring out a way for the Judge to deny your claim. Don't believe that your past will be be considered in the opinion either!

kenai_kid
222
Points
kenai_kid 05/21/12 - 12:45 pm
1
1
NLRB

I believe it is a bit premature to claim a victory for either side. Norm, even though you sat through the hearings and heard all of the testimony, does not necessarily mean the judgement will go Rays way. Everyone knew OJ was guilty, but ... My point is, it is very difficult to determine how this will unfold. Obviously, you have a favorable bias toward Ray and that in itself may somewhat cloud your judgement. That is a little apparent when you referred to the CPGH attorney as the "prosecution" as I believe they are defending themselves against wrongful termination. If I am incorrect here, I apologize, but that is the way I understand this hearing to be held. Ray and the NLRB are prosecuting CPGH. Additionally, the NLRB has been heavily weighted on the side of industry for several years since NLRB seats are appointed. It's hard to say what will happen with any certainty.

Norseman
3616
Points
Norseman 05/21/12 - 06:20 pm
2
2
The hearing has ended. Ray

The hearing has ended. Ray is done, can't take it anymore.

Whatever the outcome, this issue will eventually pass and the ray and norm sideshow will create some other drama to further their cause for domestic extremisim.

The message that should be heeded from this is no employer should ever hire any militia members unless they want to get sued. The track record of the militia and it's members should have been a red flag to whoever was responsible for hiring ray in the first place.

Now us, the taxpayer, have to foot the bill for whoever made the poor decision.

At least ray is no longer publishing weekly posts bemoaning the management style of CPGH. The community has never heard one man cry about being fired from a job as loudly as ray did.
The chapter of this saga has closed but there will be others. There always is when the militia are in town. Just ask 241 Cox.

Watchman on the Wall
2893
Points
Watchman on the Wall 05/22/12 - 04:28 am
0
3
Leewaytooo or norseman

The very same could be said of employers when it comes to hiring you as well norseman/leewaytooo. I don't think i have ever seen a supposed Freedom loving American that hates those that would stand against those that seek to abuse others as much as you have. As for the track record of differant organizations with their many differant people involved there are very bad apples in every group as is the case with the CPGH management, and i am quit sure we have not seen the last of their side shows either when it comes down to abuse of employees, now have we?
I sure have enjoyed your absents and the absents of your continual rants about those that stand up for others in the work place or other wise, all of which i am sure you will never do in any form or fashion.
I would like to say this about one man crying about something i have never heard any one like you rant against or about others that are fighting for freedom for others quit like you.
Whom do ya think people would want to stand with them in times of trouble, you or Ray?

Isaiah 1:23

RaySouthwell
1129
Points
RaySouthwell 05/23/12 - 05:31 am
0
3
Norseman

Dear Sweet Norseman.
I no longer believe your name reflects your gender. Were you at the trial? I think you were. I repeat the quote in the above article.

“We are alleging the action that was taken against him in disciplining him and ultimately discharging him was done on an illegal basis,” said Anne Pomerantz, acting regional director of the NLRB for Region 19, in an April interview. “We are saying the reason underpinning it was unlawful.”

Perhaps the NLRB “fear” me as the hospital attorney stated, in Court, as to how employees at CPH “fear” me.

Imagine that-a 61 year old man with coronary artery disease who has spent 43 years helping the weak, injured and saving lives. Say, in your career, how many mothers ever handed you their dead babies wanting you to perform a miracle? I remember two in my career.

Please tell everyone why they should fear me. I look forward to the reinstatement hearing. Many employees are ready to testify.

Norseman
3616
Points
Norseman 05/23/12 - 06:12 am
3
0
Great article in todays paper

Great article in todays paper highlighting the trial of militia whackjob Cox. He is heard on tape planning to murder Judges and Law Enforcement.

It appears the militia are hypocrites when it comes to courts, judges, and laws. They want to abide by them when it suits them, but slap your wife around some and get a wife beating charge, then you are a soverign citizen and recogonize no judge or court. In fact, some militia just try to plan on using a 241 plan to deal with the courts.

The past decade has shown that militia and some of it's members are indeed threats to our nation and it's citizens.

Taxpayers have a right to insure that their hard earned monies are not being spent paying the salaries of those who CHOOSE to belong to organizations that are deemed by the FBI as extreme domestic movements.

Find a job in the private sector if they will have you.

RaySouthwell
1129
Points
RaySouthwell 05/23/12 - 06:42 am
0
4
Sweet Norseman

Lets stay focused.

You state-”The past decade has shown that militia and some of it's members are indeed threats to our nation and it's citizens.”

Show me where I have ever been a threat “to our nation and it’ citizens.”

Come-on,stay focused, you keep talking about alleged threats from others, show the people reading, any threat from me.

normolson
428
Points
normolson 05/23/12 - 05:08 pm
0
2
Dupe

Dupe

normolson
428
Points
normolson 05/23/12 - 04:41 pm
0
3
Prosecution or persecution

Kenai_kid. The use of "prosecutor" was a fortunate error. Ironically, or intentionally, the person on trial was Ray Southwell! CPH's attorneys tried to prove Ray to be a self-serving zealot attempting to maliciously harm the hospital in retaliation for treatment given to him.
Yes, it was the NLRB complaint that was being adjudicated, but it was Ray on trial. The burden was placed on CPH to prove malice and total disregard with the intent to do harm. They failed to do that.
BTW, I do have a bias, but it is not for Ray... It is for the truth and when the truth does come out it will be shown that certain past and present employees were the ones filled with malice and deceit driven to discredit Ray Southwell.

The wheel turns very slowly, but it does grind fine!

Watchman on the Wall
2893
Points
Watchman on the Wall 05/24/12 - 12:18 pm
0
2
Morals, Integrity & Honor

What i see here is a fight between a person that has Morals, Integrity and Honor along with Courage to stand up for OTHERS when they see them being abused This fight is against a person or persons that have no Morlas, Integrity, Honor or Courage to fight against the abuse of others but actually help promote such abuses all of which makes them Cowards and of no use to fellow man.
It's a spiritual battle being waged between Good & Evil for control of humans and we all must decide which we will stand with, either the Cowards that promote abuse of others, or the Courageous who stand & fight againt abuse of others.

This fight can and does include both Foriegn & Domestic attacks which are at an ever increasing level for the dismantling of America's Morals, Integrity and Honor. This fight also includes the entire world concerning Soverign rights & Freedom for all against Evil abusers that desire to control.
It does not take a real smart person to figure out who is who in this fight as we read the many posts for Freedom & protection of others and the continual attack to discredit those that do chose to fight Evil abusers who would have us all become slaves to the controlers.
This fight is not only taking place at CPGH, but it is in every aspect of OUR daily lives no matter who we work for or where we are. We each must decide if we are going to lay down and take it, or if we are going to fight for whats right and good and our selves as well as others.
Personally i, like Ray chose to fight against evil abusers at every level and that includes political as well if OUR Freedoms are being restricted or removed by Foriegn or Domestic attackers. Each one of us must choose & it appears that time is running out as we see Evil spreading like wild fire around the earth to the point of total distruction to all that stand for right. Well that is for now we see this spreading but one day it will end and the only choice then will be for rightiousness and Evil will not be tolerated any more, but delth with immediatly with no NLRB, ACLU, NAACP or any other supposed helps needed or allowed.

Fight or Flight, it's every ones Free choice for now, i chose to fight against Evil in the name of my Lord & Savior Jesus Christ, the ONLY Hope & Change to Believe in for anyone Period, just as Ray also does. What about YOU?
John 15:12-17 says that no GR8R love has any man than to lay down his life for them, this also includes standing up for and fighting for those abused fellow humans as well i do believe at work or play, at home or away each and every day.

Hebrews 10:30-31

RaySouthwell
1129
Points
RaySouthwell 05/25/12 - 10:06 am
0
3
Watchman on the wall

Thank you for your kind words. I lacked the courage to expose the management style before the murder/suicide at my hospital in November 2008. As I told the judge last week, I knew what was happening and did nothing. I still do not have courage, but fear is my motivating factor.

The previous senior managers do not understand how bullying effects employees. There are the health harming effect and ,I believe, on occasion may result with an individual breaking with disastrous results.

I have always cared about the employees at CPH, from the CEO to those who I do not know. All I ever wanted to do, was to change the management style at CPH. Previous senior management believed the ends justified the means. I cannot do any more. I have shared some of my documentation with the three law firms representing the hospital one board member and some employees and others in the public.

It appears, they too, also believe the end justifies the means of bullying

Norseman
3616
Points
Norseman 05/25/12 - 01:54 pm
3
0
end justifies the mean...

Some in the militia believe 241 is the answer. Anchorage daily news had a front page article on the Cox trial today. Eye witnesses testified of seeing a written list of those who the militia planned on hitting if things went south.

Apparently some in the Alaska militia believe that murder may be the end to justify the means. The trial is still going on so will have to stay tuned.

Obvious by now that Alaska needs to keep a sharp eye on the militias and it's members. Thankfully our law enforcement are on top of the situation so no innocent men, women, and children are harmed by these domestic extremist militia movements.

RaySouthwell
1129
Points
RaySouthwell 05/26/12 - 07:20 am
0
3
Norseman

Some in the Justice Department believe the end justifies the means. In the news yesterday, Ted Stevens defense team stated the penalty handed out to a couple of federal prosecutors for professional misconduct was laughable and pathetic. They are quoted as saying “The Department of Justice demonstrated conclusively that it is not capable of disciplining its prosecutors”

Apparently some in the Justice Department believe they are above the law and the end justifies the means. If this can happen to a sitting US Senator, think what they can do to us little people.

Obviously by now that Alaska needs to keep a sharp eye on the Federal Justice Department and it’s members. Thankfully our law enforcement are on top of the situation so no innocent men, women, and children are harmed by these domestic extremist Federal Prosecutors. I think, that is like the wolf guarding the hen house.

RaySouthwell
1129
Points
RaySouthwell 05/26/12 - 07:31 am
0
4
Norseman

Some in FBI believe Cointelpro is the answer for Fatherland Security.

See- http://en.wikipedia.org/wiki/COINTELPRO

FBI has a long history that shows that 85% of COINTELPRO resources targeted groups and individuals that the FBI deemed "subversive.”
Apparently some in the FBI believe that targeting groups, they do not like, may be the end to justify the means. The FBI does not change.

Obvious by now that Alaska needs to keep a sharp eye on the FBI and it’s members. Thankfully our law enforcement are on top of the situation so no innocent men, women and children are harmed by these domestic extremist FBI. Isn’t that like the wolf guarding the hen house?

Norseman
3616
Points
Norseman 05/27/12 - 06:34 am
2
0
Domestic Terrorism

This excerpt is from the FBI;

Domestic Terrorism

While much of the media attention is focused on international terrorism, the FBI continues to maintain a robust effort against domestic terrorism.

The domestic terrorism movement continues to remain active, and several recent domestic terrorism incidents demonstrate the scope of the threat.

■In March 2010, nine members of the Michigan-based Hutaree Militia were indicted for their alleged involvement in a plot to kill law enforcement officers.
■In January 2011, a pipe bomb was discovered at a Martin Luther King Day parade in Spokane, Washington, and a subject has been arrested by the FBI’s JTTF.
■In February 2011, three subjects were arrested on weapons and firearms charges in relation to alleged domestic terrorist activity in Fairbanks, Alaska.
We have all seen the devastation wrought by individuals intent on attacking their own communities for political ends. It has been nearly 16 years since the Oklahoma City bombings—in fact, next Tuesday marks the anniversary of that attack—but there are many of us in this room who remember the details of that horrific day, and its lasting impact.

Why on earth would any government entity put a militia member on it's payroll?
Do taxpayer's have to fund the salaries of public employees who CHOOSE to belong to organizations that are deemed as possible domestic extremist groups?

Watchman on the Wall
2893
Points
Watchman on the Wall 05/27/12 - 07:27 am
0
1
When the govt aids them

When the govt aids them terrorists is that really terrorism or what?
I see that the govt was doing things against the occupy protesters as well so the govt could claim fear of terrot attacks to illegally beat & jail protesters.

So i'll ask again is it really terror attempts by individuals when the Govt. is the ones aiding the supposed terrorists, or is it just another BS way of govt. imposing more control with Blue Hats dressed as police restricting OUR Freedoms at every turn? As i said from Day 1 of this choosen Ones term that he would bring America into a civil war or revolution in order to bring an End to America for his OWO Dream Act of a single govt. controled global govt with forced allegiance or death to all that oppose it's spread.
We ain't seen anything yet in the way of govt. terror, but Revelation 13 shows it's coming with it's force union of one & i think very soon.

John 3:16, 36

Raoulduke
3084
Points
Raoulduke 05/27/12 - 10:14 am
2
0
our freedom's

Well! Let's see.Under the last Administrations watch.The invention of FREE SPEECH Zones came to being.Which had absolutely not anything to do with free speech.The Patriot Act was also invented.Which had absolutely not one thing to do with Patriotism.So!We had lost a great deal of civil liberties denied to the American people.Through the manipulation of OUR Constitution.I fought for these freedom's.Then to see a poor little rich boy fly on a deck of an aircraft carrier,and declare the war was over.Then to not withdraw the troops.Made me sick.His second in command-CHENEY.A war criminal,and A TRAITOR for outing a CIA operative during a time of war,and not be charged is a slap in the face to all AMERICAN's.I come to the conclusion that ALL politician's are liar's,thieves,and in it for their own benefit.Not the benefit of the voters Who put them in office.i will not quote any religious verse for I have not got that much ego,or belief.

Raoulduke
3084
Points
Raoulduke 05/27/12 - 12:51 pm
0
0
Gov't Aid

The Shah of Iran,Batista,Noriega These are just a few Dictators our government gave aid.Our illegal meddling in the Central American countries.Just so Corporations can keep growing foods.While paying a slaves wage.Our country backed this action.Yes! We aid anyone that practices anything but Democracy.So that American Corporations can continue their profit making.Oh! Yes! We state publicly that we condemn their actions,but do nothing about it.Unless it benefit's the bottom line for the Corporations.We have become a false land of the free.We have become a FASCIST state.Yes! A FASCIST state.Corporations dictate our foreign policy.We are using our armed forces to fight a war on terror.You can not fight terror.This country has made promises,and treaties with countries.Then we turn our back.This country is not trusted by most of the world.Because the corporations control the contracts.

RaySouthwell
1129
Points
RaySouthwell 05/28/12 - 09:22 am
0
1
Norseman

This excerpt is from the Washington Post;

“Justice Department officials have known for years that flawed forensic work have led to convictions of potentially innocent people. . .”

While much of the media attention is focused on international terrorism, the FBI continues to maintain a robust effort using domestic terrorism behavior against its citizens.

There domestic terrorism movement continues to remain active and the ends justifies the means is there focus, within this domestic extremist group.“the FBI lab was producing unreliable forensic evidence in court trials.”

1998-Frederic Whitehurst. A Ph.D. FBI Chemist, becomes a whistle-blower about the thousands of flawed processes at the FBI Crime Lab. He is suspended for telling the truth.

2001 Timothy McVeigh lead attorney Stephen Jones published a book “Others Unknown.” It is titled on the original indictment concerning “others unknown.” FBI reports the case is closed.

March 17,2003- “The Justice Department has identified about 3,000 criminal cases that could have been affected by flawed science and skewed testimony at the FBI laboratory before 1997.”

March 15,2012- “A special prosecutor this morning released his 500-plus page examination of the collapse of the Ted Stevens public corruption case in Washington.” Another effective domestic extremist activity. If this can happen to a US sitting Senator, the little guy beware of this domestic extremist activity.

On March 27, 2012- “Judge Victoria A. Roberts of Federal District Court dismissed all charges against five members of the Hutaree militia, who the authorities claimed had plotted to kill a police officer and then ambush those who attended the funeral.” The most effective domestic extremist activity. The accused spent two years in jail.

Why on earth would any government entity put a FBI member on it’s payroll?

Do taxpayer’s have to fund the salaries of public employees who CHOSE to belong to organizations that are deemed as possible domestic extremist groups?

RaySouthwell
1129
Points
RaySouthwell 05/28/12 - 09:30 am
0
1
Watchman on the Wall

We are in a one world order and it is based on economics. The dollar is king and the Central Banks of the world control us all.

RaySouthwell
1129
Points
RaySouthwell 05/28/12 - 09:38 am
0
1
Raoulduke

Be careful. Norseman will start calling you a domestic extremist anti-government individual. He will claim you talk so poorly of our country, when you are actually talking about the behavior of our government. There are no good presidents, only people of self interest, who on occasion do a good thing.

spwright
1376
Points
spwright 05/28/12 - 04:00 pm
1
0
Thought that You "Were Done" ?

Ray you stated just a few days ago "I'm Done" 'I've had enough already" it's up to the LRB Judge now.

But here ya go once again, Stirring the Pot & doing your Best to [filtered word] Off the F B I & Law Enforcement yet again.
Not exactly a very smart thing to do.

They will have a Reserved Prison Cell for YOU along side of
Mr. Cox & His Merry Men & you guys can Rant & Rave all you wish to each other as You rot away in that Prison Cell.

SPW "Airborne"

kenai_kid
222
Points
kenai_kid 05/28/12 - 07:55 pm
0
0
Interpretation of "done"

My interpretation of "done" in relation to Mr Southwell was that he was done fighting the system as he understands it. I don't think he is, nor should he be done voicing his opinion.
Ray may have had enough of the legal wrangling, but he has served in the military, just as you have and has every right to voice an opinion on this or any other blog.
As for a prison cell that is reserved for him ... I believe that proves Mr Southwell's point, that being, the government can't be trusted. If you believe Ray can be incarcerated for voicing his opinion, your years of service, as Ray's, were in vane.

RaySouthwell
1129
Points
RaySouthwell 05/28/12 - 08:58 pm
0
0
spwright

The context of being done was in relationship of exposing the management style at CPH.

For years, I wanted some authority to ask the questions on what I know about the bullying at CPH. Finally the hospital lead attorney asked me the questions I have been wanting asked of me.

Did I have the answers, with the names attached. In fact at one point when the hospital attorney asked for another name, the judge questioned him on whether he really wanted another name documenting what I have been saying. The Hospital attorney withdrew the question and never asked me for another name.

Most of my information has now been given to the three law firms representing the hospital, one hospital corporate board member and others in the community.

Before this trial no one ever asked. I am done because the questions have been asked and given.

Norseman continues to attack me. So I just produce the information to show, in my opinion, who the real domestic extremists are. The truth is the truth. Perhaps, you do not care how many within our FBI and Federal Judicial system twist the truth. I care. If you are interested in the documentation,. just tell me which quote you don’t like and I will provide the source.

RaySouthwell
1129
Points
RaySouthwell 05/28/12 - 09:04 pm
0
0
kenai_Kid

It was never the legal wrangling that was the problem.

It was the information I had and no one in authority would ask the questions-I have the answers for. I publicly told most of what I know and the burden is gone. My burden has been transferred to others.

I expect more legal wrangling if the judge decides in my favor.

Raoulduke
3084
Points
Raoulduke 05/29/12 - 04:31 am
0
0
Free Speech

I fought for the right of free speech,and I do believe.There is not one American that will criticize my right to do so.They may not agree with what I say,But they will not prevent me from doing so.

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