On January 31, 2012, the National Union of Healthcare Workers (NUHW) in California engaged in a state-wide, one-day strike against Kaiser Permanente, protesting staffing deficiencies and proposed reductions in health care and retirement benefits. The NUHW represents licensed social workers, psychologists, emergency mental health workers and family counselors. Kaiser and the NUHW have been involved in contract negotiations for more than a year.

The California Nurses Association (CNA), which represents 17,000 registered nurses, and the Stationary Engineers Local 39, which represents 650 employees, joined the strike. Kaiser reported that 66 percent of nurses reported to work as scheduled. Kaiser also hired replacement workers to ensure that patient care needs were met. 

Kaiser workers held a similar one-day strike last September, costing Kaiser an estimated $14 million. The CNA’s sympathy strike activities during the September strike are the subject of federal litigation. Kaiser alleges the CNA’s activity violated the collective bargaining agreement’s ban on strike activity and is seeking to compel arbitration. The CNA, on the other hand, argues that Kaiser’s unions have a long history of engaging in sympathy strikes and other forms of strike solidarity. The CNA also argues that it has the exclusive right to invoke the grievance and arbitration process. A hearing on the CNA’s motion to dismiss Kaiser’s federal action is scheduled for February 10, 2012. 

The California Hospital Association (CHA) has weighed in on the dispute, challenging the CNA’s motivation behind the sympathy strike. According to the CHA, the CNA’s actions are driven by financial interests related to a $2 million loan the CNA made to the struggling NUHW in 2010. 

Kaiser and the NUHW are not strangers to tense labor negotiations. The NUHW is embroiled in litigation with Kaiser and the Service Employees International Union (SEIU) related to the NUHW’s unsuccessful 2010 bid to represent 45,000 Kaiser employees. The SEIU prevailed in the bitter 2010 election, threatening the NUHW’s survival. The NUHW successfully challenged the election and, in August 2011, an administrative law judge ordered a new election. That election is on hold pending resolution of the NUHW’s new charge alleging that Kaiser is illegally colluding with the SEIU to sway the election.

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