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Providence Kodiak Island Medical Center has asked for a court order to stop Alaska medical employees from striking during the coronavirus pandemic.
The complaint, filed in Alaska federal court March 17, names the Alaska Medical Employees Association, affiliated with Teamsters Local 959, as the defendant in the lawsuit hoping to stop a planned strike on March 20, 2020.
The plaintiffs are also requesting that the Alaska medical employees “engage in good faith negotiations…for a reasonable cooling off period.”
Providence Kodiak Island Medical Center is seeking expedited review of the matter and emergency relief.
Do you think Alaska medical employees should delay their strike in the face of the coronavirus? Get legal help by clicking here.
According to the lawsuit, the Alaska Medical Employees Association has refused to withdraw notice of a mass and indefinite strike. The Alaska Medical Employees Association, or AMEA, represents a “wall-to-wall bargaining unit of hospital employees.”
The plaintiff says represented employees consist of registered nurses, nursing assistants, EKG technicians, pulmonary technicians, pharmacists, pharmacy technicians, surgical technicians, sterile processing technicians, patient sitters, unit secretaries, lab assistants, and many others, all of whom would be called upon to take part in the strike.
Providence Kodiak Island Medical Center says it is imperative that Alaska medical employees remain working in the face of the coronavirus threat.
“The strike creates heightened risk of virus transmission due to the transportation of replacement workers and jeopardizes the continuity of patient care due to COVID-19 impact on the number of replacement workers able to report for training and orientation this week,” states the complaint. “Given Kodiak Island’s remote location, there is no other alternative for patients receiving many of the services it provides.”
The lawsuit notes that under normal circumstances, Providence Kodiak Island Medical Center would fly replacement personnel in during a strike to “provide continuity of care for the Kodiak Island community.” However, travel restrictions have not permitted replacement staff to come to the island.
The complaint lays out the problem; “replacement workers are located throughout the United States and would typically fly to Kodiak Island to begin their orientation and transition this week. [Providence Kodiak Island Medical Center] learned over the weekend that due to COVID-19 travel restrictions and concerns about potential COVID-19 transmission, more than 20% of the anticipated replacement workers will be unable to report for work prior to the strike.”
Another issue with bringing replacement workers in is they may unknowingly spread coronavirus throughout the Kodiak Island community.
COVID-19 can infect someone, but the carrier of the virus may show few or even no symptoms, alleges the lawsuit.
Bringing replacement workers in also puts the workers, airline staff and others at risk.
Because there are no other hospitals on the remote Alaskan island, the plaintiff alleges that transferring all patients to the mainland via helicopter is too limiting of an option and might be impossible under certain weather conditions.
Further, the medical center argues the strike violates guidelines in place to curb the spread of coronavirus.
“As the strike is called on behalf of the approximately 200 AMEA represented members, the strike gathering is itself inconsistent with CDC guidelines for public events,” points out the complaint. “Even this afternoon the White House has tightened regulations to advise that people avoid groups of more than ten participants.”
Providence Kodiak Island Medical Center asserts that the citizens of the island “face immediate, irreparable injury” if the Alaska medical employees are allowed to strike.
In addition, the plaintiff says that it is imploring the federal government, the President particularly, to stop the strike and impose an 80 day “cooling off period.” In the meantime, the medical center needs a court ordered injunction to stop the imminent strike.
The coronavirus pandemic and related emergency measures have led to a number of legal issues, including allegations of falsely advertised so-called vaccines or cures, “money mule” scams, and delays in the legal system.
Top Class Actions continues to report on these issues, as well as other topics related to measures taken to mitigate the spread of the virus, such as ways to make money from home along with tips for setting up a successful remote office. Stay tuned as we continue our coverage.
The plaintiffs are represented by Elizabeth P. Hodes of Davis Wright Tremaine LLP.
The Alaska Medical Employees Lawsuit is Providence Health & Services – Washington v. Teamsters Local 959, Case No. 3:20-cv-00067-SLG, in the U.S. District Court for the District of Alaska.
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