Ripple Effect of Nursing Strike
Will Be Felt by Many
By: KAREN G. SCHANFIELD & RICHARD A. ROSS
June 7, 2010
It’s no secret that the approximately 12,000 unionized Registered Nurses who work in Twin Cities hospitals have set Thursday, June 10, 2010 for a one day strike. Unless the parties resolve their differences before then, picketing will almost certainly occur at most local hospitals.
Many of you have asked how the nurses’ strike will affect your operations and your employees. We hope this article will provide useful general information. As always, our labor lawyers are available to answer your questions and provide guidance about specific situations.
Business as Usual
Unless you are a struck hospital, you should generally conduct operations as you always do. You should, however, be aware that employees may be interested in talking about the strike, their experiences with unions, and perhaps their recollections of prior nursing strikes. While it may be tempting to attempt to curtail these conversations, employees have the right to discuss these topics just as they have the right to discuss other non-work related topics so long as doing so does not interfere with performing their job responsibilities.
Picket Line Conduct
Striking employees have the right to engage in peaceful picketing at their worksites. Your employees have the right to cross the picket line to do their jobs. They should be reminded to behave in a respectful fashion when doing so and to avoid arguing or otherwise interacting with the picketing employees. If an employee refuses to cross the picket line we recommend reassigning the employee to alternate duties for the day as disciplining or discharging the employee on this basis alone can be unlawful.
Supporting Striking Nurses
An employee who calls in sick or leaves work early without permission to attend a rally or otherwise support striking nurses may be disciplined or discharged if doing so is consistent with treatment of unauthorized absences for other purposes. In other words, if an employee would be disciplined or discharged for leaving early or calling in sick to attend a baseball game, the same level of discipline can apply.
Union Organizing at Your Workplace
High profile union activity, such as a strike, can influence how employees feel about unions. It is important that employees are not treated differently based on their support or non-support of the strike or unions generally. Remind supervisors and managers that “TIPS” means they should refrain from Threatening, Interrogating, Promising, or engaging in Surveillance of employees.
A Final Word of Caution
Disciplining and discharging employees for conduct or communications related to a strike is tricky business. Depending on the particular facts and circumstances, doing so may violate the National Labor Relations Act, even in a non-union workplace. For help in making employment decisions related to the nurses’ strike, please consult one of our labor lawyers.