St. Charles files suit to block medical techs’ strike, claims 10-day strike notice is illegal
Union blasts 'frivolous' lawsuit; hearing Tuesday in Eugene federal court
BEND, Ore. (KTVZ) – St. Charles Health System said Monday it is preparing for a possible strike Thursday by a union representing about 150 Bend medical techs, but also has filed suit to block the walkout, claiming a 30-day strike notice is required, also filing two unfair labor practice complaints.
The union defended its 10-day strike notice of a March 4 walkout in a weekend news release and called the lawsuit "frivolous."
Two elements of federal labor law apparently will come into play at a federal court hearing Tuesday in Eugene, as the hospital system seeks an injunction to prevent the walkout.
Section 8g of the National Labor Relations Act "prohibits a labor organization from engaging in a strike, picketing, or other concerted refusal to work at any health care institution without first giving at least 10 days’ notice in writing to the institution and the Federal Mediation and Conciliation Service."
However, another section of the Section 8 collective bargaining rules says that a labor organization must "give at least 30 days' notice to federal and state mediators of the existence of a dispute, where you are bargaining for an initial collective-bargaining agreement."
Here's the full St. Charles news release, issued Monday:
St. Charles Health System is continuing to prepare for a strike of its technical employees who are represented by the Oregon Federation of Nurses and Health Professionals. According to the notice received last week, the strike is set to begin at 8 a.m. on March 4 and will last for an indefinite period of time. OFNHP represents about 150 technical caregivers on the St. Charles Bend campus.
St. Charles has filed two unfair labor practice charges against OFNHP with the National Labor Relations Board because we believe the strike notice was not lawful and that the union is not bargaining in good faith.
“The National Labor Relations Act requires that when a first contract is being negotiated, the union must provide at least 30 days’ notice of the contract dispute to state and federal mediation agencies so the dispute may be resolved without a work stoppage,” said Rebecca Berry, vice president of human resources for St. Charles. “As a result, we believe the strike notice is unlawful, and the NLRB is now investigating that issue.”
It is our understanding the NLRB will not reach a decision before Thursday's strike date. Consequently, St. Charles has also filed a complaint for injunctive relief to ensure we can maintain health care services until the issue can be resolved.
A hearing is scheduled related to the injunction request in federal court in Eugene at 9 a.m. on Tuesday. If the injunction is not granted, the strike will not be paused, but the issue of the legality of the strike notice will remain before the National Labor Relations Board.
“It is our fundamental mission and responsibility as a health care organization to take care of our community,” said Aaron Adams, president of St. Charles Bend. “Although we believe the strike notice is unlawful, we will proceed with preparations to ensure continued care for our patients.”
Until the outcome of the injunction hearing is known, St. Charles is continuing to prepare for a work stoppage. The health system has contracted with an outside agency to hire qualified replacement workers and is also asking internal caregivers who hold technical certifications, but who are not part of the bargaining unit, to help fill hospital shifts. The goal is to reduce disruptions to patient care as much as possible.
“The union has indicated they are striking to get St. Charles to come back to the bargaining table,” Berry said. “We find OFNHP’s reasons for the strike confusing since we already had a bargaining session scheduled for March 10 with a federal mediator. We were also discussing additional, earlier bargaining dates with the mediator prior to receiving the strike notice.”
St. Charles requested a federal mediator to facilitate negotiations in order to speed up the process to reach a final agreement.
“We continue to be unclear as to what OFNHP hopes to accomplish with this strike,” Adams said. “But what we do know is the union’s decision to strike has an impact on our patients, our caregivers, our physicians and our community.”
Here's the latest release from the Oregon Federation of Nurses and Health Professionals:
ST. CHARLES FILES FRIVOLOUS LAWSUIT TO UNDERMINE THEIR EMPLOYEES’ WORKPLACE RIGHTS
Hospital files a lawsuit to stop a planned strike, manipulating the legal process to attack the medical caregivers at St. Charles.
BEND, Ore.— On February 26th the management of St. Charles Medical Center in Bend, Oregon filed a lawsuit to try to stop a legal and planned strike from their medical professionals. Despite following all requirements of the National Labor Relations Act (NLRA), the hospital is falsely claiming that the correct notification period was not followed. In advance of a strike at a hospital, the workers must provide notice ten days before, which they did. The hospital’s frantic response is another example of their efforts to break up the bargaining power of the medical providers who are fighting for fair compensation, safe working conditions, and respect in the workplace.
“We are a core part of this community, we are essential to its care, and all we are asking is to be treated that way,” said George Wainscott, a certified surgical technologist in the family birthing center. “The workers who are most capable of safely and reliably staffing this hospital are available. The employer is simply unwilling to treat us with the respect and value that we are worth.”
The hospital filed an Unfair Labor Practice contesting the length of the notification period, something that labor law experts have rightly said shows their misunderstanding of the NLRA. They originally wanted a state court to issue an injunction to halt the strike. By filing in state court—the wrong jurisdiction—they would have been provided an unfair path to an injunction. This matter actually belongs in federal court, which is why it was immediately moved to a federal jurisdiction.
This is another example of extreme tactics that are intended to frighten St. Charles’ employees into submission, something that management often does in an effort to avoid unionization. While this action has been couched in the language of public health, it is a transparent attempt to undermine their own employees’ right to collective action. The union is fighting this in court, and the strike will still commence on March 4th, with community and political leaders from around Bend joining them on the picket line.
