As our bargaining committee continues to work to secure a fair contract with UMRS/UB, and as we consider our options to advance our fight, it is important to know what our legal protections and rights are for striking/work stoppage.
Since our employer continues to operate using unfair labor practices such as: unilaterally reducing our healthcare benefits, not bargaining in good faith by using a shell company and agents to avoid bargaining basic terms and conditions of employment, we are considering using one of the most powerful tools to get workplace justice: striking or a work stoppage.
UBGME/UMRS continued to falsely advertise on their website and during interviews that they offer “free, platinum-level” insurance, despite only offering reduced plans to new residents and fellows for the last 2 years. UBGME continued to falsely advertise “free-platinum” insurance on their website up until July 1, 2024.
Sadly, despite being called a “flagship university” by Governor Hochul, salaries for residents and fellows have been the lowest in the region for years. And despite collective bargaining with UMRS for almost 1 year, UB/UMRS and the hospitals continue to keep us at the bottom percentiles for the region in their counteroffers.
Are residents in Rochester, Upstate, Downstate, and Pennsylvania worth more than residents and fellows in Buffalo? CME reimbursements for residents and fellows continue to increase and hospitals unjudiciously bill patients for services performed by resident, yet do we receive any benefit? If you’re asking where all of this money is going, why don’t we look at the healthcare executive bonuses last year?
UB, UBGME, UMRS, and affiliated hospitals refuse to respect the hard work of residents. As of their most recent bargaining update, our employer(s) desire to eliminate any appeal by residents and fellows whose training was extended for less than thirty (30) days. That means program directors are free to extend training for residents and fellows less than 30 days, without allowing residents and fellows to appeal this extension.
We believe that if any resident or fellow is threatened with any length of training extension, 1 day or greater, they have the right to appeal the decision with the help of our union.
In addition, our employer has refused to provide us with lawful meal breaks, hazard pay for emergency circumstances, and eliminate our right to strike. Our employer(s) continue to engage in unfair labor practices, such as not bargaining in good faith, unilaterally reducing healthcare benefits (twice), refusing to provide meal breaks to residents, violating NYS FMLA laws, and discriminating against and bullying bargaining unit members based on Union membership (in violation of Sections 8(a)(1) and (a)(3) of the National Labor Relations Act).
Yes. Section 7 of the National Labor Relations Act (NLRA) states in part, “Employees shall have the right…to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Strikes are included among the concerted activities protected for employees by this section.
This protection also expands to J1 Visa holders. We are not indentured servants. Under federal law, all employees, including J1 Visa holders, have the right to strike.
No. Striking is a legally protected action. The National Labor Relations Act (NLRA) protects workers from discipline–including termination–for organizing or striking. Lawful strikers retain their status as employees and cannot be discharged. More on that here: https://www.nlrb.gov/strikes.
If you experience, observe, or are threatened with retaliation, promptly email [email protected] for legal representation. We will pursue legal action against any individual, including attendings, faculty, staff, and administrators, who retaliate against residents and fellows for participating in concerted activities such as strikes.
Yes. There are several kinds of strikes, including unfair labor practice strikes, paper strikes (ie., not documenting ROS, doing postops, etc), and economic strikes, to name a few. All of these are protected under the law and defined here: https://www.nlrb.gov/strikes.
In addition to designating the type of strike we would conduct, we would also have a choice on how long our strike(s) would be and how many strikes we would conduct. These will all be shared with you, discussed with you, and implemented with the advice and backing of UAPD counsel.
Please note that any type of strike we participate in will require a strike authorization vote.
Hundreds of thousands of healthcare workers (including residents) have gone on strike in recent years, and will do so again in the future. Here are just a few examples of recent healthcare worker strikes from multiple unions–including UAPD:
We will have town hall meetings, with access to UAPD attorneys, to answer questions about the striking and your rights. Stay informed.
The first step in considering a strike is to conduct a confidential strike authorization vote from members of the bargaining unit (conducted digitally via SurveyMonkey or DocuSign). Your vote will only be known to UAPD and will not be shared with UMRS, UB, or any other entity.
A “yes” to strike authorization does not guarantee that a strike will happen, it simply gives the UAPD bargaining team the option to authorize one if circumstances do not change.
With an affirmative strike authorization vote, the UAPD bargaining team may call to authorize any type of strike, including ULP strike, paper strike, economic strike, etc.
No. A strike authorization vote simply provides the UAPD Bargaining Team the right to call a strike should our collective bargaining demands continue to not be met and should we think it is appropriate.
Though a simple majority “Yes” vote is all that is needed to provide the UAPD-UB bargaining team the authority to call a strike (if deemed necessary), a supermajority would send a strong, unified message to UMRS/UB management that we are tired of witnessing the demise of this residency program, the mistreatment of residents and fellows, and your employer’s unwillingness to bargain in good faith.
The CONFIDENTIAL strike authorization vote would be conducted via Survey Monkey or DocuSign and look something like this:
Due to your employer’s slow pace of bargaining, their unfair labor practices, the bully culture, and deteriorating benefits, your UAPD Bargaining Committee is urging a vote for member collective action, including a strike.
We are recommending this course of action only after residents and fellows have protested the unfair labor practices and made multiple pleas at the bargaining table to satisfy our reasonable proposals.
Your colleagues have discussed and agreed with the Bargaining Team that a strike vote is necessary now “in order to get respect from the current Administration.” After years of burnout, suffering from unfair labor practices, tolerating higher workloads without competitive compensation, and delivering excellent patient care, UB residents and fellows have reached their limit.
If your colleagues did not receive this ballot, please have them contact [email protected]. using their personal email addresses. We need residents and fellows to stick together and vote “YES.” The time is now to defend our health and safety, as well as our patients’ health and safety.
Question:
Do you authorize the bargaining team to call a strike if circumstances necessitate?
Yes
No
* Your strike authorization ballot is secret and will not be shared to anyone outside of UAPD. Please include the below information so we can verify that there are no duplicate ballots.
First Name
Last Name
Patient safety is our number 1 priority. Before a strike commences, we will notify the hospitals with at least a ten (10) day notice. Initially, we are considering a limited, 1- or 2-day strike. The exact length will be specified when a vote is held. Whether we continue the strike will depend on negotiations.
With a 10-day notice, the hospitals will put into place a plan that would likely combine bringing in travel APPs, moving patients to other facilities, and delaying non-emergency procedures. The notice protects us legally and ensures that no patient will be abandoned.
Yes, we are essential, and yes, it is legal for us to strike. The NLRA simply requires healthcare providers to provide ten (10) days’ notice to management. If our employer wishes to avoid us striking, they should respond to our demands.
There are many options, and the bargaining team will make this determination in line with the preferences of all of the residents and fellows. However, an initial, limited-time strike would likely make the most sense (there is a cap to how many limited-term strikes we could conduct).
Possibly yes and possibly no. Our goal is to avoid training extensions to the best we can. We would likely start with a short strike (1 or 2 days), which will be covered by your flex time, PTO, or vacation days.
Yes. The National Labor Relations Act (NLRA) requires organized healthcare workers to provide ten (10) days’ notice to management before any kind of work stoppage.
No. You do not need to tell your supervisor(s) that you are going on strike. If your supervisor questions you about going on strike you can advise them to email [email protected]. If they continue to ask you, politely refuse and immediately email [email protected] to report any incidents of this nature (harassment is an unfair labor practice).
Any instances of harassment or bullying of residents or fellows from attendings, supervisors, faculty, and staff will be immediately met with litigation by the UAPD legal team.
UMRS and UB are responsible for informing your supervisors of the strike.
No. You are not responsible for staffing during a strike. It is management’s responsibility to figure out staffing.
No. Going on strike is your right. Immediately email [email protected] to report any incidents of this nature as this can be considered an unfair labor practice.
We do not know the terms of their contract, so we cannot answer this question.
Currently, the hospitals (Kaleida, ECMC, Roswell, Catholic Health) pay approximately $200-250 per day (depending on PGY level) per resident. With this strike, we are proving to hospital administrators our value by forcing the hospitals to spend $200-250 per hour on travel providers (NPs, PAs, CRNAs, APPs) to cover our absence during the strike.
If your vacation is approved, you have the right to use your vacation time.
You do not need to tell management anything.
You can tell patients that your employer is not respecting residents. They are not bargaining in good faith (as well as multiple other unfair labor practices), are not offering competitive healthcare plans, working conditions, wages, or benefits.
Refer them to this website: ubhousestaff.com
Several residents and fellows will be designated as “strike captains” who will help disseminate important information and lead on-the-ground pickets. Additionally, a public action plan, literature, and website will be disseminated to all residents and fellows, the public, elected officials, the media, and patients to share information easily, unify our collective voices, and have as many people as possible join us in the fight.
Residents and fellows who cross the picket line to work during a strike weaken our strike and our concerted effort to improve workplace dignity for UB residents and fellows.
Those who strike are not paid, and those who work are paid. If you are scheduled for leave, PTO, or have vacation during a strike, then your leave/PTO/vacation should continue as scheduled (and you will get paid).
Currently, UB/UMRS provides us with 20 sick days and 20 vacation days per year. The 20 sick days roll over from year to year. If you strike, you may use your sick day and continue to be paid.
Some employers choose to lock out the entire workforce during strikes (meaning to temporarily suspend workers’ employment and prevent them from returning to work). This employer tactic is often used to gain leverage, prevent surgical strikes, or sabotage.
However, consider the logistics. Locking out 830 residents and fellows would be very costly and could immediately trigger a public health crisis across western New York. Residents carry the WNY hospitals on their backs. That said, it is worth knowing about and preparing for.
University at Buffalo Interns, Residents & Fellows - Orcas, the "killer whales"
