Court limits noise from picketers during West Virginia hospital strike

A judge has granted parts of Cabell Huntington (W.Va.) Hospital's request to limit activity of workers who have been on strike for more than a week, according to hospital and union statements.

Cabell County Circuit Court Judge Alfred E. Ferguson made his rulings in response to an injunction complaint filed by the hospital. According to news station WCHS, the hospital sought to address what it is calling "picket-line misconduct." 

Cabell Huntington asked the court to limit pickets to four per station; get rid of all burn barrels; limit the clean gate entrance to no observers; and reduce noise from sources such as bullhorns or air horns.

The hospital lost the first two arguments, although the union said it kept all but one burn barrel and agreed to use propane heat at the Lung Center Picket Station 4.

As far as the other requests, Service Employees International Union District 1199 said the union can always keep two observers at the gate, but other picketers must stay back 15 feet from gate entrance. The union also agreed to enforce quiet hours from 9 p.m. to 6 a.m.

Additionally, Mr. Ferguson ordered healthcare pickets to move back at the emergency room entrance 15 feet, although they can still line up on the sidewalk all the way down Hal Greer Boulevard, the union said. Pickets are not allowed to use bull horns or air horns, play loud music, or display signs encouraging passersby to honk their horns for support.

"We believe Judge Ferguson acted fairly in his rulings," Joyce Gibson, SEIU District 1199 secretary and treasurer, said in a news release. "We are and have been acting in the abundance of respect and care for anyone needing medical care at Cabell-owned medical facilities. This injunction is just another diversion by CHH executives from addressing a good faith contract for our healthcare heroes who have worked tirelessly to provide quality, safe care of their patients, especially in the midst of this COVID pandemic. Hospital executives refuse to address the fact they are acting in bad faith."

Mr. Ferguson's rulings come as about 1,000 SEIU District 1199-represented maintenance and service workers have been on strike since Nov. 3.

In response to an inquiry from Becker's Hospital Review about the rulings, Molly Frick, director of human resources for Cabell Huntington, said, "Cabell Huntington Hospital received judicial relief through a request for a temporary restraining order that was heard in Cabell County Circuit Court on [Nov. 10]. The request addressed issues including noise abatement, access to the hospital and conduct on the picket line.

"The hospital remains committed to providing its patients an environment that is conducive to the healing process. The temporary restraining order goes a long way in addressing activities on the picket line that have been disruptive to our patients, visitors and staff."

According to the latest strike updates on Cabell Huntington's website, the hospital and union resumed negotiations Nov. 8, and the union made a counteroffer. The hospital said it has provided its own counteroffer and is prepared to resume bargaining when a federal mediator requests it. No new negotiations were scheduled as of Nov. 12.

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