PORTLAND, Ore. — As a five-day health care worker strike at three Providence Health facilities in Oregon came to a close on Friday, the nurses union and hospital administrators traded barbs over an accusation that Providence violated state law.
The Oregon Nurses Association put out an embargoed statement slated for release at 5 p.m. on Friday. In that statement, ONA said that it had called upon the Oregon Attorney General's office to open an investigation into Providence's alleged use of "professional strikebreakers."
“Providence ... recently publicly admitted that it hired over 475 nurse strikebreakers as replacement workers during the recent five-day strike at three ONA-represented bargaining units," ONA said in its letter submitted to the AG's office. "It appears that it recruited these individuals primarily through U.S. Nursing Corporation. Therefore, it appears that Providence has used professional strike breakers at Providence Portland Medical Center, Providence Seaside Hospital and Providence Home Health and Hospice from June 19 through 23, 2023. As you know, Oregon law makes it a criminal violation for an employer to knowingly utilize professional strikebreakers to replace employees involved in a strike or lockout.”
The union referenced an Oregon law that states “No employer shall knowingly utilize any professional strikebreaker to replace an employee involved in a strike or lockout, for the duration of that strike or lockout.” It also cited a separate law that makes it a crime for someone to knowingly serve as a professional strikebreaker in the state.
ONA said it called on the AG's office to both investigate Providence and to refer any of its temporary hires through U.S. Nursing Corporation for prosecution.
“Nurses will not stand idly by while employers callously disregard Oregon law, hiring companies like U.S. Nursing who are fueled only by corporate greed to illegally bring in professional strikebreakers from out of state, putting their fingers on the scales, illegally trying to shift the balance in their favor while nurses fight for their jobs, their health care, and their patient’s welfare,” said Tan Piazza, ONA executive director. “To Providence and other health systems, we say: follow the rules. To the nurses who are employed as professional strikebreakers, we say: you are not welcome here. If you accept a job as a professional strikebreaker in Oregon, you risk criminal prosecution.”
U.S. Nursing's website suggests that it is not a typical travel nurse agency that Oregon hospitals would be accustomed to working with. It bills itself specifically as providing "turn-key staffing solutions during labor disputes."
Providence immediately shot back a response, calling ONA's statement an "irresponsible assertion" about its use of temporary replacement workers. The hospital system set up a press conference for 6 p.m., just an hour later.
“I find it incredibly disappointing to hear that ONA expects Providence to close their doors to patients while caregivers strike. The negative impact to the health and well-being to the people of Oregon would be tremendous," said Jennifer Gentry, RN, chief nursing officer for Providence's Central Division. “As a nurse, I struggle to understand how such an idea can even be considered. It is standard practice across the US to bring in a replacement workforce while our caregivers are on strike, to continue caring for patients."
Providence did not deny that they'd used staff from U.S. Nursing to continue functioning during the strike, nor did they make any specific arguments during the press conference to refute ONA's legal claims.
The hospital system did assert that they'd cared for more than 250 patients each day of the strike between Providence Portland and Providence Seaside, including 150 patients per day between ERs. Providence home health had made 2,000 visits to patients in those five days, administrators said, and hospice made 750 patient visits.
“Our singular focus is on continuing to care for our patients," Gentry added. “With all due respect to ONA, I believe it’s in the best interests of the people of the state to keep our hospitals open, to continue caring for patients.”
Ahead of the strike, Providence had indicated that it would need to shut down its Portland neonatal ICU and halt all but life-or-death surgeries, advising patients in need of emergency care to seek other hospitals. But the health system scaled back those dire warnings as the strike continued, reopening the NICU and accepting transfers for higher levels of care.
Health care workers who took part in the five-day strike return to work Saturday morning. In its statement, ONA indicated it would invite Providence back to the bargaining table "soon" for continued negotiations.
Providence Home Health and Hospice workers were expected to return to the table next Tuesday for bargaining, but dates for Providence Portland and Providence Seaside workers were yet to be determined, ONA said.