San Francisco Superior Court Judge Peter Busch issued an injunction Friday preventing the California Nurses Association from pursuing a planned strike at five U. California medical centers.
The judge ruled that striking at the five medical centers, as the union had previously planned, would have violated state labor laws because negotiations on a new contract are still under way. The injunction states that the union cannot strike until the current contract between the university and the union expires on Sept. 30.
The strike – organized to protest what the association calls inadequate patient-to-staff ratios – was originally scheduled for June 10 but was blocked by a temporary restraining order issued June 8 by Busch.
The Public Employment Relations Board, a self-described quasi-judicial agency that oversees “collective bargaining statutes” of a wide range of state and local employees, agreed with a prior complaint by UC officials and sought the June 8 restraining order on the university’s behalf.
The association, which represents nearly 11,000 nurses systemwide, including 24 career nurses and 14 per diem nurses at the Tang Center, held rallies June 10 in lieu of the strike at university medical and student health centers, including one at UC Berkeley.
UC officials commended the injunction in a June 18 statement, claiming the union’s actions constituted bad faith bargaining and jeopardized the health and safety of patients.
“We’re very pleased this threat to public health has been stopped,” said Gayle Saxton, UC’s director of labor relations, in the statement. “We hope CNA gets the message and turns its attention to fostering productive labor-management relations and conducting expedient contract negotiations.”
However, Geri Jenkins, the association’s co-president and a UC San Diego nurse, said the decision does not address the issues at hand and only ruled on whether the association was currently in negotiations with the university.
The nurses want to increase staffing levels, which Jenkins said often fall below state-mandated requirements during breaks or shift changes and can endanger patients. Nurses and UC officials have before been at odds over salaries and retirement benefits.
“We have lots of serious issues around patient issues, so we’ll continue to fight,” she said. “It’s one we’re up for, and our patients deserve no less.”
However, in a September fact-finder’s report, a panel of three representatives – John Kagel, the neutral chair; James Eggleston, a union representative; and Shelley Nielsen, a university representative – found that the university has been successful in making arrangements at each medical center.
“What was shown was that there are a variety of methods to assure that breaks and meal periods are available to nurses,” the report stated.
The panel recommended that mid-shift break relief staffing should be provided and adjusted based on conditions within each center.
However, Jenkins said the staffing ratios are not enforced during break times. This causes nurses to often deny themselves meal breaks in order to care for patients because there is no one to take their place while away, she said.
“You work a 12-hour shift, and when you go on lunch … people shouldn’t have to work six or seven hours without getting or before getting a break,” she said. “You should be able to have a break knowing someone is taking care of your patient.”
Jenkins said the association will be bargaining another contract with the university.
“The public awareness of the UC system is going to affect them at some point in time,” she said. “The public should respond.”