On Contract when a Hospital Strikes

[Bluebolt]

So I'm facing an issue at this hospital I'm working at in Long Beach. I signed a contract for 13 weeks, 48 hours a week with Fastaff and have been here about 8 weeks. Apparently they have been in negotiations with their union for months now trying to get better pay, more benefits etc for their nurses but it isn't going well. The hospital is playing hardball and the union is proposing an imminent strike. There is one last day they will negotiate and then they will strike if an agreement is not made.

My first issue is the fact that the hospital suddenly started pulling in tons of travel nurses in the past 6-8 weeks when staff says previously they almost never used any travelers. So why suddenly start using all of us now? Because they were preparing for the probability of a strike of course. So my problem is that all of us regular travel nurses are here under false pretenses and the staff is asking us questions about if we'll cross the picket line and are we going to be scabs? Charge nurses have even made remarks about giving us terrible assignments if we cross the line, etc.

I've never worked a strike and never really wanted to. When I called my agent she was very elusive about what my rights would be if they went on strike during my contract. She wouldn't clearly state if I would be allowed to not work that week, or would I be penalized? Would they withhold my pay and housing stipend that week? That's a significant amount of money I would be out of pocket when I have no horse in this race so to speak.

My agent did say something about me being welcomed to cross the line and they would even raise the pay (slightly) to compensate a little. I can't imagine the S**t storm I'd be dealing with on this 39 bed super critical ICU when I would suddenly become one of the most senior nurses there. They even said I would probably be the charge nurse!

Anybody been in this situation before or have any relevant insight to my situation?

[NedRN]

Just say no. If they offer you strike pay going forward, make a decision based on that.

From talking to union nurses about travelers, for the most part all but the most rabid members understand that you have a contract you are bound by. Of all people, union nurses should understand the importance of sticking to a contract. They also should know in California that in perhaps most cases, travelers make less than staff and that travelers are there to support nurses, not to undermine their power.

Cheesy move on the hospital's part to load up with relatively inexpensive travelers (compared to what strike companies charge) under effectively false pretenses. On the other hand, Fastaff as a strike company (AKA US Nursing) should have known what was going on before placing you. In fact, any agency getting a ton of job orders for a single hospital should have a clue as well.

Your choice completely, but working during a strike for the same pay is not fair either. Is this St Mary's?

[perfexion, ASN, RN]

The hospital hired you in preparation for a strike. I've worked strikes before where the travelers who were there before the strike were kinda running the floor. They already knew the routine and they helped the strike nurses out. You could say no, but keep in mind that you're bound by a contract that was already in place before the strike. If you don't work for the day (or week or whatever) of the strike you would incur the same penalties as just taking a week off during the contract, meaning you wouldn't be paid nor would you be entitled to any housing or per diem allowance. You don't have to do anything you don't want to do, but be prepared for consequences. If you do work the strike you should absolutely be making strike pay (plus charge pay if they put you in charge).

ETA: The union nurses don't get paid if they strike so I don't imagine you would get paid either if you didn't work the strike.

[Bluebolt]

Both of you make valid points.

It's like I feared I only have the choice to work the strike, which they did quote some higher pay but not very impressive, or not work it but be out of work for the week costing me at least a few thousand dollars.

Great, I love being put in this position.

Some of the staff have said they would understand if I crossed and not blame me but a lot of the more veteran ones have said they wouldn't be okay with it. I was even warned that there was backlash that lasted a long time on a few nurses who crossed the last time they had a strike.

No, this isn't Saint Mary's but I shouldn't get specific on public forum like this.

I'll just deal with it as it comes and handle the consequences. I'm pretty sure I'll work the strike and then feel the uncomfortableness until July.

[NedRN]

Well, a quick Google says it is Long Beach Memorial. Below link says 400 replacement workers have already been hired for LBM. CNA's FB page has posts that appear to be saying the strike has already started.

Calif. nurses strike over benefits, staffing | Terra

[Lisa.fnp]

I was a ICU Travel Nurse. Your opening sentence says it all and you should just honor it. Why? You are working as a travel nurse under contract with your agency and in turn the hospital. One reason being a travel nurse and there are many. Your not part of the politics and the layers of issues between the hospitals and its employees.

You shared the thought, you feel you where brought in because of a possible pending strike and you feel, all of us travel nurses are there under false pretense. Not to be harsh but such assertion has no place in this discussion.

If this topic was important to you, you should of had it in your 13 week contract under 'Reasons for termination of Contract" then you could of added, a strikes clause with the agency as a reason of termination of contract. It sounds like you forgot. If there is a strike, remember it has nothing to do with your contract. In reality it's smart on the hospital, it's called preparation. Is it fare? No! But it doesn't have to be.

Did you know, GM knew it was shutting down Saturn division of it's car manufacturing plants over a year in advance of making the announcement. What about the hundreds of thousands of people that bought a Saturn during that year. Did they return and walk away from there car? No! Was it fair? No! Did they get money back? No! Why? The bill of sale was a legal contract.

Your under a legal contract so your feelings are real but remember your not a part of the problem and your not a part of the solutions. Your a Travel Nurse, getting paid well for being a temporary worker. If that doesn't make doing your job any easier, then think of the patients because they are the true victims not you. Care for those that need your care. I experienced all kinds of issues as a Nurse and Travel Nurse. In time I became a FNP and left the bed side. I had enough. That's what I would like encourage you to do. That's where you can make a real difference.

[Bluebolt]

I was a ICU Travel Nurse. Your opening sentence says it all and you should just honor it. Why? You are working as a travel nurse under contract with your agency and in turn the hospital. One reason being a travel nurse and there are many. Your not part of the politics and the layers of issues between the hospitals and its employees.

You shared the thought, you feel you where brought in because of a possible pending strike and you feel, all of us travel nurses are there under false pretense. Not to be harsh but such assertion has no place in this discussion.

If this topic was important to you, you should of had it in your 13 week contract under 'Reasons for termination of Contract" then you could of added, a strikes clause with the agency as a reason of termination of contract. It sounds like you forgot. If there is a strike, remember it has nothing to do with your contract. In reality it's smart on the hospital, it's called preparation. Is it fare? No! But it doesn't have to be.

Did you know, GM knew it was shutting down Saturn division of it's car manufacturing plants over a year in advance of making the announcement. What about the hundreds of thousands of people that bought a Saturn during that year. Did they return and walk away from there car? No! Was it fair? No! Did they get money back? No! Why? The bill of sale was a legal contract.

Your under a legal contract so your feelings are real but remember your not a part of the problem and your not a part of the solutions. Your a Travel Nurse, getting paid well for being a temporary worker. If that doesn't make doing your job any easier, then think of the patients because they are the true victims not you. Care for those that need your care. I experienced all kinds of issues as a Nurse and Travel Nurse. In time I became a FNP and left the bed side. I had enough. That's what I would like encourage you to do. That's where you can make a real difference.

Interesting perspective.

My contract does not state I am a strike nurse for the facility. A strike is a total environment shift from being a travel nurse at an established facility with knowledgeable staff and structure. Business tactics that are dishonest may be legal but they definitely reflect badly on the business and will deter others from wanting to do business with them.

I'm pretty positive I would have every right to not attend work during the week of a strike when I never signed a contract agreeing to work a strike. I easily could say I object to crossing picket lines and refuse. My point of contention was not if I didn't have to go to work for the week, it was that I would go unpaid for that week and also lose my housing stipend for that week.

As for going back to school to make a real difference, I start my CRNA DNP program in August.

[cjcsoon2bnp, MSN, RN, NP]

This sounds like a tricky situation both ethically and legally, I don't envy you at all. I would call my recruiter or representative from the travel/contract company and press them to explain exactly what would be the consequences of you not crossing the picket line.

• Do you forfeit your pay and housing stipend for the time you are not working?
  
• Is your contract at risk for being canceled?
  
• Will you be identified as not fulfilling the terms of your contract and would that be entered on your employment record with this company?
  

I can understand why some of the staff nurses may feel hurt or upset about you and other traveler/contract nurses crossing the picket line but the fact remains that you were hired as a temporary worker and have little to none of the benefits from being in the union. While you can empathize with their situation you are under a different contract than they are and the entire nature of your employment is different. I am assuming that you don't live in the area and thus do not have the stability that they have from being regular, benefitted staff at this facility. If you don't want to cross the picket line on moral principle, or because you are concerned about patient safety, then that is a decision you can make but keep in mind that while the staff nurses from this facility may appreciate you "standing with them" how would they help you pay your bills and housing stipend when you are refusing to cross the line?

I hope this doesn't come across as cold or unempathetic, it's just another counterpoint to consider. Best of luck!

!Chris

[Wolf at the Door, BSN]

I have worked strikes and currently also in Long Beach, so thanks for the headsup. I was just talking to a recruiter about Long Beach Memorial. I will cross them out for sure. I will see what Saint Mary's has available.

My friend who is an OR tech did a contract in DC before the strike took place in Dec 2014. She kept working. Apparently it was not just the RN's that were striking.

[Wolf at the Door, BSN]

Faststaff set you up. There will be less positions US Nursing(also Faststaff) will need to fill for the impending strike. That is my two cents.

[NedRN]

I was a ICU Travel Nurse. Your opening sentence says it all and you should just honor it. Why? You are working as a travel nurse under contract with your agency and in turn the hospital.

Caveat emptor goes only so far.

Working as a travel nurse replacing someone on maternity leave is far different than working during a strike. There is a reason why strike workers get paid more. In part because it is morally indefensible and your fellow nurses will hate you. In part, because you are working under conditions and standards not found nor tolerated generally (not sure why CMS allows it). No orientation to the unit, understaffed and frantic in a way no one would choose to work when they have other choices, so unsafe that you have to be bussed into hospital grounds and surrounded by extra security.

You want a regular traveler, making in this case less than not only staff, but also the strike workers, to walk through a picket line and work under those conditions that your employer effectively lied about before you took the assignment? Personally, I think the contract is void. No way to know without going to court, but if I was in such a situation and was contractually penalized for not crossing the picket line, I would sue both the agency and the hospital, both of whom were a party to my contract.

[Bluebolt]

All of you make very valid and relevant points. We shall see how this plays out in the near future.