Strike FAQ #2
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We posted a strike FAQ a couple of months ago, but new questions have come up now that we’re at impasse and have a strike authorization in hand. If you have additional questions after reviewing this information, please ask in the comments.
Q: When are we going to go on strike? A: The soonest date we can go on strike is determined by PECBA law: 37 days after the declaration of impasse. Folks should plan as if early October is when we’ll go on strike, just in case. If our bargaining team determines a strike is necessary, we’ll plan it to have the most impact on the employer and the least impact on our members. We’ll give a 10-day notice of the strike date.
Q: Why haven’t we gone on strike yet? A: Since the start of bargaining, our goal has been to reach an agreement without needing to go on strike, so if our bargaining team is still seeing movement at the table, we will continue to negotiate. Our team will give the strike notice, if needed, at a time when we can put the most pressure on OHSU.
Q: What happens if a settlement is reached before we go out on strike? A: We will schedule a vote for our members to ratify the agreement. Educational materials (a red-lined version of the new contract, side-by-side comparisons, etc.) will be posted online to help our members decide how they want to vote.
Q: How long might a strike last? A: It’s really impossible to say. The length of a strike is a strategic decision, but it would usually last long enough to reach final agreements on key issues. The vast majority of strikes last between a couple of days and a couple of weeks.
Q: Can my manager ask me if I plan to strike? A: They can ask, but you aren’t required to answer.
Q: Will striking hurt our patients? A: No. In fact, one of the reasons we would potentially go on strike is to ensure that OHSU invests in staffing and those of us who provide patient care. In addition, OHSU has a duty to provide adequate patient care. As such, it will be pushed to settle the contract as quickly as possible. Remember: this situation lies at management’s feet — OHSU has chosen to not invest in the front-line staff taking care of our patients.
Q: What about the non-human primates and other research animals? A: The same. OHSU has a responsibility to provide adequate animal care.
Q: Can OHSU fire or discipline me for striking? A: It would be illegal to discipline a worker in any way for participating in this strike or any other labor action. You can, however, be disciplined or discharged for engaging in misconduct on the picket line, such as violence, threats of violence or property destruction. Our union will establish picket-line rules to protect our rights and our jobs.
Q: What if I’m in my probationary period or internal job-change evaluation period? A: While it’s illegal to fire a worker who’s striking, employees who are new or who recently changed jobs may be at risk. For this reason, we aren’t recommending that these folks go out on strike. We’ll provide buttons/stickers and Teams/Webex profile photos that indicate you support the strike but are a probationary employee. (Probationary employees may feel comfortable joining the picket line on weekends or after work.)
Q: What’s required of me during a strike? A: At its core, a strike simply requires the withholding of your labor. First, it means not crossing the picket line and not going to work. (This applies to remote workers, too!) In addition, members should plan on walking the picket line (daily, ideally), attending rallies, participating in digital actions, etc. Being on strike isn’t a vacation from work — it’s working together to secure a contract that protects our patients, coworkers and livelihoods. Non-members are also allowed and encouraged to go out on strike.
Q: Should I go to my medical appointments at OHSU during a strike? A: Yes. You should still access your medical care. We will likely provide stickers for you to wear indicating that you are on strike but accessing medical care.
Q: What if I’m scheduled to be at work when the strike is due to start? A: You should clock in at your scheduled start time. At the time the strike starts, you should clock out as usual, walk off the job with your union family and join the closest picket line.
Q: Do I need to notify my supervisor that I’m going on strike? A: No. Our union will give OHSU the proper notice to strike. You will not be written up for walking out or not showing up when the strike begins, or be accused of patient abandonment.
Q: Is it true that OHSU is hiring “replacement workers”? Will I have to train one of them? A: OHSU has been preparing for a possible strike since early in bargaining, and they’ve been posting job openings for temporary “replacement workers” for months. If you are directed to train one of these people before you go out on strike, please follow this directive and don’t be insubordinate.
Q: Am I obligated to strike? A: This strike affects every single employee represented by AFSCME Local 328. Reporting to work during a strike, whether in person or at home, is crossing a picket line, whether or not there’s a picket line at your work site. It will take ALL of us sticking together to make the strike successful.
Q: Can I work another job while I’m on strike at OHSU? A: Yes. Working a temporary job elsewhere is a great way to support yourself during a strike. Even if you wouldn’t have the capacity to picket as much as others would, you are still on strike with your union family for a better future!
Q: Will I lose my seniority if I go out on strike? A: You won’t lose your existing seniority, but you won’t earn seniority points while on strike — contractually, seniority is earned based on paid hours worked. Our bargaining team will attempt to negotiate a return-to-work agreement that makes you whole when it comes to seniority points.
Q: What about paychecks? A: On the regular payday, you should receive your pay from the days you worked before the strike. You won’t be paid while you’re out on strike, however.
Q: Can I get unemployment benefits while on strike? A: No. According to ORS 657.200(1): “An individual is disqualified for benefits for any week with respect to which the Director of the Employment Department finds that the unemployment of the individual is due to a labor dispute that is in active progress at the factory, establishment or other premises at which the individual is or was last employed or at which the individual claims employment rights by union agreement or otherwise.”
Q: Can we still use FMLA/OFLA while on strike? A: Yes. FMLA/OFLA is protected leave that you are still able to use while on strike.
Q: When and how will the strike end? A: We cannot guarantee when a possible strike would end. However, we do know how it would end: by our bargaining team accepting a tentative agreement and putting together a return-to-work agreement. Our union would notify our membership when the strike ends.
Q: What happens if the membership votes against ratifying the proposed contract settlement? A: If we reach a settlement before going on strike, the ratification vote will ask members to either (a) ratify the contract or (b) give the employer a 10-day notice to strike. Essentially, by rejecting a proposed settlement, the membership would be starting the countdown to a strike.
Q: What happens when we go back to work after a strike? A: Generally, when a strike ends, the union and the employer put together a return-to-work agreement that lays out this process. The details would be communicated out to our bargaining unit.