The state Public Employee Relations Board has issued a
proposal that legalizes unfair-labor-practice strikes by public employees
throughout
finalized, the proposal will represent a victory for the California Nurses
Association — among other labor unions — which is currently amid efforts to
bargain over patient care issues.
PERB administrative law judge Donn Ginoza’s order found that
the
violated the law by refusing to bargain over the union’s staffing proposal and
by concealing information from nurses about patient classification systems used
to determine staffing decisions.
Unless it is appealed, the proposed ruling will be finalized
on May 8.
The proposed ruling would require the UC system to negotiate
patient-care issues raised by nurses in future talks and to publicly post
decisions in all of its medical facilities.
The case dates back to a one-day CNA strike in July 2005
regarding the university’s alleged failure to bargain in good faith over nurse
and other staffing practices. The UC system obtained a court injunction to
block the strike just hours before it was scheduled to begin.
“This is a refreshing acknowledgement of the fundamental,
democratic right of California public employees to strike — and a stunning
rebuke for the university’s attempts to silence the collective voice of UC
nurses,” Geri Jenkins, a member of the union council of presidents, said in a
statement.
UC Office of the President spokesman Paul Schwartz said the
university is reviewing the proposed ruling and will likely appeal it.
“We are very disappointed in the decision as we think it
fails to reinforce the joint duty that labor and management have to resolve
disputes at the bargaining table and protect against conduct such as strikes
that threaten public safety,” he said in a statement.
If the UC system does contest it, Schwartz said the ruling
will not take effect until it is resolved by the full board.
