Below you will find a series of frequently asked questions we received from members about a potential limited duration and open-ended strikes. If you have a question that has not been addressed here, contact a member of our negotiating committee and we will get you an answer.
Are we going to strike?
The decision to strike or not to strike is entirely up to the membership. Under MNA bylaws, should your committee decide a strike is necessary, it must conduct a vote of the membership by secret ballot which, if successful, will authorize the committee to issue the official ten-day notice that we will be going out on strike. At this point, we are still hoping to reach an agreement with management to avoid the need to conduct a strike. However, since management has continued to reject our proposals your committee is considering holding a strike authorization vote. We are asking members to consider whether to strike and what duration of a strike they would support.
What is a limited duration strike?
Our one-day strike on July 8 was a limited duration strike. Other durations could be 5 days, 7 days, 10 days, 14 days or any other short-term amount. Generally, nurses utilize a short-term strike because it puts tremendous pressure on the employer while also limiting the financial impact on nurses, as well as the impact on patient care.
Is it legal for us to strike?
Yes. Federal law protects our right to strike, even for a single day. You cannot be disciplined or terminated for engaging in a legal strike. Additionally, no action can be taken against your professional license for participation in a strike.
Does a vote to authorize a strike mean we are going out on strike immediately?
No. The vote gives the MNA Negotiating Committee the authority to call for a strike if necessary. If the hospital comes to the negotiating table and engages in a good faith effort to reach a fair settlement, we will continue to work toward an agreement. However, if management continues to refuse to provide substantive movement on our key issues, the committee would then have the authority to issue its official notice of our intention to hold a strike. Often the maximum leverage is after the strike authorization vote and before the actual strike as pressure builds on the employer to reach an agreement to avoid the costs of a strike.
How is the strike vote calculated, is it a percentage of all members or just those voting?
The vote to authorize a strike is based on the total of all those WHO VOTE by secret ballot. If you want your voice heard on this issue, you must show up and cast a vote. Under our bylaws, a simple majority vote can authorize a strike, but a successful strike requires overwhelming support from the membership. Whatever your opinion on this action, again, make sure you cast your vote.
Will management hire “scab agency” nurses in the event of a strike?
Yes. Management will hire an agency to scour the country to find so-called nurses to turn on their colleagues and work at the hospital during the strike. The skill level of these people does not even come close to the ability of our nurses, but management will hire them and utilize supervisors and management nurses instead of doing the right thing, which is to negotiate a fair contract that addresses our issues. Unlike the way they have been treating their dedicated nurses, the administration will spare no expense in finding and paying the out-of-state mercenaries high hourly rates, in addition to free transportation, accommodations at hotels and three free meals per day.
Is it legal for the hospital to lock us out after the limited duration strike is over?
The hospital may well threaten to lock out MNA nurses and it is their legal right. In the past, some hospitals facing limited duration strikes by nurses have said that they cannot obtain “scab agency” nurses for less than three to five-day increments. Therefore, management may delay reinstatement for several days after the strike. However, the hospital remains completely responsible for any negative patient outcomes during the lockout and they will need to explain to the public why they are willing to sacrifice the safety of the public and spend hundreds of thousands of dollars a day for out-of-state mercenaries totally unfamiliar with our hospital as opposed to working with their own nurses to ensure safe staffing for quality patient care.
If management chooses to lock us out, do we all stay out?
Yes. As long as the hospital declares a lock out, no nurse can work. The strike and any subsequent lock out apply to us as a collective whole, not just those scheduled to work on the day of the strike. We all go out together and we all come back together!
If we give our official notice to strike, how and when would we actually strike (with signs and all)?
Once we issue our official strike notice, management will then have ten days before the strike will begin. Even if we issue a strike notice, we will make every effort to continue negotiating throughout the ten-day period to reach a settlement. And just because we have given a ten-day notice does not mean we have to
strike in ten days. If we are making progress, we can delay a strike action to give us the opportunity to reach a settlement. The MNA typically calls for strikes to begin at 7 a.m. On the morning of the strike all nurses currently on duty will give a report to a supervisor and will walk out of the hospital together. Remember, your union will have given the hospital the ten-day notice required by law. It is the hospital’s responsibility to have someone available to assume responsibility for your patients. At previous strikes, the Department of Public Health (DPH) placed members of its staff in the hospital to ensure that the patients receive a minimum level of care. Nurses cannot be charged with patient abandonment for leaving at the time the strike begins. All other members of the bargaining unit will be assembled outside the hospital with picket signs to greet them and officially begin the strike.
What happens to health insurance benefits in the event of a limited duration strike?
The employer usually does not cancel one’s insurance in a short-term strike because of the administrative cost to cut off coverage and re-instate, and the employer may fear that such an act will be considered illegal under the National Labor Relations Act as retaliation a union member for participating in a lawful strike.
Who participates in the strike?
All employees in the bargaining unit (all those covered by the contract – regular, full-time, part-time, per diems and probationary employees) are expected to participate in the strike. Other unions may support the strike but are bound by the terms of their contracts to continue to do work for the hospital. However, many unions will attempt to honor the picket lines.
Are newly hired nurses, new graduate nurses, and probationary nurses protected when they join the strike?
YES. Nurses on orientation/probation have exactly the same legal rights as everyone else. All union activity, including strikes, is protected under the federal labor laws which protect all workers, regardless of employee status or length of service. Accordingly, we will expect everyone to stick together and honor the picket line to win the fair contract we all deserve. NO RN should cross the picket line as a strike breaker under any circumstances. It is illegal for managers to suggest to any nurse on orientation/probation that she/ he is not protected by the law or that she/he must come to work in the event of a strike. Please report any such illegal conduct to a member of the negotiating committee.
Am I eligible for unemployment benefits if the hospital locks us out?
Massachusetts law does provide unemployment benefits to workers who are locked out, however there is a one-week waiting period. Nonetheless, if the hospital locks out the nurses, you should all apply for unemployment benefits. You can either go to an office near you or phone 877.626.6800 between the hours of 8:30 a.m. and 4:30 p.m. Press 1 to file a new UI Claim, and you will be asked to provide your social security number and date of birth before being transferred to a Department of Unemployment Agent (DUA) to file your claim.
What is appropriate picket line conduct?
Since you are conducting a strike-line picket, you will need to keep moving while on the line and you must have a picket sign (signs will be available at the strike office). Picket where the picket captain designates. This will include all entrances and driveways. Stay orderly and do not block emergency vehicles or U.S. Postal trucks. Do not block or interfere with patients’ families, friends or visitors. Always check with the picket captain if there are problems.
If the hospital locks us out for any period of time after our strike, will we be expected to be on the picket line during the lock-out period?
Yes. We will make a picketing schedule for your unit for the limited duration strike and the lockout period. Demonstrating strength and unity through strong picket lines will be a key part of winning the contract and respect we deserve.
During the strike where do we go for information and who will be available to answer our questions? We will set up strike headquarters near the hospital. During the strike, this office will be staffed around the clock with your committee members and MNA staff to answer any and all questions about the strike. There will also be information provided via email blast on our local bargaining unit page on the MNA website.
What happens if I have been approved for a vacation that is scheduled after the strike begins?
If you have already put in for vacation time and it was approved, then the hospital is obligated to pay you for that time, even if you are on strike.
What should I do if I’m currently on Workers’ Compensation?
You should know that your worker’s compensation payments will continue even though there is a strike. However, you shouldn’t participate on the picket line, but should help out in other ways.
What about medical or maternity leaves of absence?
Nurses on leaves of absence, such as medical or maternity leave, are not impacted by the strike.
What about the local agency nurses who normally work at the hospital
Local agency nurses typically have several different work options so we should strongly encourage them to make themselves available for hospitals other than ours on the day of the strike and the following few days if management locks us out for such time. Local agency nurses should be reminded that the MNA nurses are standing up for the profession and for standards from which they will also benefit. It is illegal for management to threaten to retaliate in any way against local agency employees because of their expressed support for the MNA nurses.
OPEN-ENDED STRIKE Q&A
What happens to health insurance benefits in the event of an open-ended strike?
If an open-ended strike occurs, your employer may stop providing health insurance coverage. Every situation is different, but you have several options:
Join a spouse’s or domestic partner’s plan. Losing employer-sponsored health insurance is considered a qualifying life event, which generally allows you to enroll outside the normal open enrollment period.
COBRA continuation coverage: You may be eligible to continue your existing MGB health insurance through COBRA, though you would generally be responsible for paying the full premium. You have 60 days to decide to enroll through COBRA but coverage is retroactive back to the first day you were not covered by the employer sponsored plan.
Massachusetts Health Connector: Losing employer-sponsored coverage is also a qualifying event that may allow you to enroll in a Health Connector plan. Depending on your household income, financial assistance may be available.
The MNA will provide members with additional information and resources if an open-ended strike becomes necessary.
Can I collect unemployment?
You should apply for unemployment benefits if an open-ended strike occurs. You may initially be denied. If you are denied, you should appeal. The appeals process can take time, and members should be prepared for the possibility that it could take 6–8 weeks or longer before benefits are paid, if ultimately approved.
We encourage all Brigham nurses to create an unemployment account or log into your existing account now. Make sure you can access your account and that your identity has not previously been compromised by an unemployment scam.
Nurses should also file for unemployment for the July one-day strike and four-day lockout. Even if your claim is initially denied, filing now establishes your account and helps ensure you are prepared if we go out on strike again.
The state has an instructional video explaining how to make an unemployment claim:
https://www.youtube.com/watch?v=xu-8mSLAIBw&t=280s
Also take these steps now:
- Print or download five years of your pay records. Do this before any potential strike because access to Workday may become unavailable while we are out.
- Per diem nurses may also be eligible. The earnings requirement is at least $6,300 total during the last year.
- If you receive a denial, do not assume that is the end of the process. Nurses can appeal unemployment determinations.
Will I get my job back?
Returning to work after an open-ended strike generally requires a return-to-work agreement between the union and the employer. There is no guarantee that an employer will immediately allow all striking employees to return. MGB could attempt to delay or refuse the return of some or all nurses.
This occurred during the 2021–2022 open-ended strike at Saint Vincent Hospital in Worcester, where nurses reached a tentative agreement after months on strike, but the employer, Tenet Healthcare, refused to allow nurses to return because it had hired replacement nurses. It took approximately four additional months before the parties reached a return-to-work agreement and nurses were restored to their positions.
The MNA would negotiate aggressively to secure the earliest possible return to work for all members.
What protection do our unfair labor practice (ULP) charges provide?
The MNA has filed two unfair labor practice (ULP) charges against BWH. However, filing ULP charges does not automatically protect jobs during an open-ended strike. The National Labor Relations Board (NLRB) would first need to investigate the charges and ultimately determine that MGB committed unfair labor practices connected to the strike. That process can take a significant amount of time.
If the NLRB ultimately rules in the union’s favor, available remedies could include:
- Reinstatement of affected nurses.
- Back pay for lost wages.
- Other appropriate remedies ordered by the NLRB.
While these charges are important, members should understand that an NLRB decision is not immediate.
Will there be retroactive pay covering the strike?
Possibly. Retroactive compensation for some or all of the strike period can be negotiated as part of a final settlement agreement. Whether it is included—and how much—is entirely dependent on the outcome of negotiations.
Will we continue bargaining during an open-ended strike?
Yes. An open-ended strike does not stop negotiations. In fact, bargaining typically continues throughout the strike, and the union continues pursuing negotiations, legal action, political pressure, coalition work, community outreach, and public advocacy to increase pressure on the employer.
Will Brigham nurses continue receiving updates?
Yes. If an open-ended strike becomes necessary, the MNA will provide regular updates through bargaining updates, meetings, email, text messages, social media, and strike communications so members understand where negotiations stand and what actions they can take to strengthen the campaign.
Why would the MNA consider an open-ended strike?
An open-ended strike is one of the strongest actions workers can take against an employer to force an acceptable agreement. It is not undertaken lightly. Such a decision would only be considered after careful evaluation by the bargaining committee and members, with the goal of securing a fair contract that protects patient care, improves recruitment and retention, and respects the nurses and clinicians who provide care every day.