What is a Strike Authorization Vote?
How does the Strike Authorization Vote work?
Why are we taking this vote now?
Can I be retaliated against for voting on a strike authorization?
What about patients and continuity of care?
If I vote yes will I be required to go on strike?
How many votes do we need to consider the strike authorized?
Can healthcare workers strike? How is it legal for us to strike?
Are we paid during a strike?
What am I supposed to do during the strike?
What if I am on an away rotation during the actual strike?
Can I strike if I’m not a citizen or if I’m on a work visa?
Will I Lose My Healthcare While on Strike?
Can our employer lock us out?
Can I get in trouble or be fired for striking?
How long will the strike last?
Does the Bargaining Committee recommend that we vote “YES” to authorize a strike?
Will I have to add time to the end of my residency/fellowship for missing work due to a strike?
How did we decide to give notice for our ULP strike?
Is it illegal for our PD or a hospital administrator to ask if I’m going on strike?
Aren’t physicians considered “essential workers,” how is it legal for us to strike?
Will striking affect my future job prospects?
What should I say if a reporter asks when/if we’re going to strike?
What is a Strike Authorization Vote?
CIR members are voting on whether or not to give our Bargaining Team the authority to call a strike if circumstances justify. The vote does not mean that we will necessarily go on strike. A “Yes” vote gives the Bargaining Team the authority to make that decision if management’s offer is not acceptable and the circumstances justify at the time a strike is called. It gives your Bargaining Team more power to win a good contract.
How does the Strike Authorization Vote work?
Voting will take place beginning Thursday, April 27 (in-person), and will continue on Friday, April 28 (in-person), Monday, May 1 (online), and Tuesday, May 2 (online). In-person voting will be held in the Elmhurst Resident Lounge on April 27 and 28, from 7 AM to 7 PM. Omara and another CIR rep will be present both days to answer questions as you vote. Online voting begins at 12:01 AM on Monday, May 1, and will continue until midnight on Tuesday, May 2. Anyone who does not vote in-person on April 27 or 28 will receive an email with a unique voting link. All votes will remain anonymous – this is a SECRET BALLOT.
Why are we taking this vote now?
CIR members have been trying to reach a fair agreement with Mount Sinai for more than 10 months. However, because Mount Sinai management has failed to bargain in good faith by, for example, unreasonably delaying bargaining, and because management has failed to move on the important issues CIR members need addressed, a strike vote – coupled with your readiness to actually strike – sends Mount Sinai a powerful message. We hope Mount Sinai will finally engage in good faith bargaining. However, we must have the option to exercise our right to strike if Mount Sinai management continues to fail to meet their legal obligations at the table and refuse to move towards the fair agreement that CIR members deserve.
Can I be retaliated against for voting on a strike authorization?
It is absolutely illegal for Mount Sinai management to retaliate against you for engaging in protected concerted activity, such as participating in a Strike Authorization Vote. Furthermore, Mount Sinai will have no idea how any individual member voted. This process is completely internal to, and administered by, our union.
If I vote yes will I be required to go on strike?
This vote authorizes the bargaining team to call a strike in the future if circumstances warrant. There will be separate communications should the bargaining team decide that it’s a necessary time to strike.
But to be clear – this is real. The worst possible position for your Bargaining Team would be handing them a strike authorization vote that’s not backed by a real intent to strike. If Mount Sinai calls our bluff, and we don’t back our vote with a strike when the circumstances justify, it would likely result in continued bad faith bargaining and more unsatisfactory proposals from Mount Sinai.
What about patients and continuity of care?
If we go on strike, we give our employer at least 10-days to prepare. We include the date and time of when we will be striking. It’s our employers’ responsibility to ensure proper care of patients in event of a strike and to create a plan to care for patients. And we can establish a Patient Protection Task Force to assess any emergency assistance requests (evaluated by Residents) that occur after a potential strike begins.
How many votes do we need to consider the strike authorized?
The only way to win is if we show a strong supermajority of support. In a strike authorization, that is typically 90% or more of voting members.
Can healthcare workers strike? How is it legal for us to strike?
Yes, since 1974 federal labor law has explicitly granted health care employees the right to picket and strike, and there is no blanket prohibition against strikes by health care workers under federal labor law. If our employer wishes to avoid us striking, they will be given ample time to comply with their obligation to bargain in good faith and meaningfully respond to our proposals at the table. Before any strike occurs, we will provide ample notice to Mount Sinai so it can prepare. We will also make it clear to our Mount Sinai that we are willing to forgo the strike once our demands for good faith bargaining are met.
No. If you are not scheduled for sick/vacation, you will not be paid during the strike. If you are scheduled for leave during strike then your leave should continue as scheduled.
What am I supposed to do during the strike?
It is important for us as frontline healthcare providers to take action on behalf of our bargaining efforts and our patients. All resident physicians should plan to spend 4 hours per day at the picket line during their regular working shift.
What if I am on an away rotation during the actual strike?
CIR leadership will inform your rotation site that the strike is happening. You should plan to join the main picket line(s) on that day. We will not be picketing at rotation sites.
Will I have to add time to the end of my residency/fellowship for missing work due to a strike?
As long as you meet requirements to graduate, it is unlikely that you will be required to make up time.
Can I strike if I’m not a citizen or if I’m on a work visa?
Yes. Every employee has the right to strike. Participating in a strike does not violate the H1-B or J-1 requirements that the worker remain employed by the petitioning employer. We still recommend that individuals who are not citizens, including visa holders and lawful permanent residents (green card holders), consult with an immigration attorney to discuss how a strike might affect their status. If you have questions or concerns about this, please contact CIR Legal Services to connect with our legal team by calling 212-356-8195 or emailing cirls@cirseiu.org.
Will I Lose My Healthcare While on Strike?
If we strike for a couple weeks or less, your healthcare will stay intact. AB237, which was signed by Governor Newsome in October of 2021 forbids public employers from terminating health coverage during a strike
It is against the law for our employer to permanently replace us with a lockout. Once we make an unconditional offer to return to work the hospital might try to temporarily lock us out. But we are roughly 1,400 strong at LAC+USC, Harbor-UCLA, and MLK/Drew. The County knows a lock out will not be in the best interest of patients. If there is a temporary lock out, we must stay strong together knowing we have a legal right to return to our jobs.
Can I be fired or get in trouble for striking?
At the specific time we have chosen to strike, everyone will walk out TOGETHER or not go into work. That will be a protected union action. Striking to protest unfair labor practices and/or to obtain economic concessions is protected under the National Labor Relations Act. When our contract expired, so did our “no strike” clause. As long as we strike TOGETHER, we can fight any potential retaliation from our employer.
How long will the strike last?
There are many options, and the Bargaining Team will make this determination in line with preferences of the membership. However, given the short time horizon and the program calendar, a short, limited-time strike would likely make the most sense.
Does the Bargaining Committee recommend that we vote “YES” to authorize a strike?
YES. The Bargaining Committee and your Chief Negotiator recommend that you vote YES to authorize a strike. With two and a half months left before the end of the academic year, Mount Sinai management needs to see that we are united to win a fair contract.
Will I have to add time to the end of my residency/fellowship for missing work due to a strike?
As long as you meet requirements to graduate, it is unlikely that you will be required to make up time.
How did we decide to give notice for our ULP strike?
Bargaining team is authorizing a strike based on feedback we’ve heard from hundreds of CIR members and in solidarity with 55,000 LA County workers.
Is it illegal for our PD or a hospital administrator to ask if I’m going on strike?
No, it’s not illegal to ask. The best response is when you and your co-workers tell your boss all together that you will ALL be striking.
Aren’t physicians considered “essential workers,” how is it legal for us to strike?
There is no blanket prohibition against strikes by health care workers under California public sector labor law. If our employer wishes to avoid us striking, they will be given ample time to respond to our demands at the table. If a strike vote is reached, we will provide ample notice, prepare to train any replacements as necessary, make any legally necessary determinations about providing essential services, and make clear to our employer that we’re willing to forgo the strike once our conditions are met or we can come to a mutual agreement.
Will striking affect my future job prospects?
It is very unlikely that a strike will affect your future job prospects. Employers will look at your professional file. There is no legitimate reason for materials related to a strike to be included in your file.
What should I say if a reporter asks when/if we’re going to strike?
We want the public to know that nobody wants to go on strike. We would rather be spending this time caring for our patients and going home to our loved ones. But Mount Sinai’s refusal to bargain in good faith is leaving us with little choice. Mount Sinai is not making any meaningful effort to bargain in good faith for a contract that would ensure our hardworking members can provide for ourselves and our families. If this behavior by Mount Sinai continues, we will have no choice but to stand together against its unfair labor practices and take this historic action.
