Rhode Island agency rules striking hospital workers eligible for unemployment

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The Rhode Island Department of Labor and Training has ruled that members of District 1199 SEIU New England, who are on strike at Care New England’s Butler Hospital in Providence, are eligible for unemployment benefits, the agency confirmed with Becker’s.

The state agency ruled that the workers are eligible for these benefits retroactive to June 1, when the hospital announced it was posting positions for permanent replacement employees in response to the ongoing, indefinite labor strike, the union said in a June 24 statement.

According to 1199 SEIU NE, the labor department said the actions constitute a “physical or constructive lockout” under the Rhode Island Employment Security Act, meaning they are eligible for benefits.

“This ruling is a major boost for our morale and will lessen our financial anxiety so we can focus on winning a fair contract and safer patient care,” K-Lee Butler, a unit secretary for D3/ ADI, said in a statement. “It also reinforces what we have been saying for weeks — that Butler cutting off our healthcare and threatening to replace us are nothing more than scare tactics meant to divide us. But instead of breaking us, we are more united than ever to see this fight through.”

Approximately 800 staff members at the hospital, including registered nurses, mental health workers, clerical, environmental service and dietary staff, began an open-ended strike May 15 after voting to authorize one in April. The union and management began negotiating a new labor contract in March and have been at odds over issues such as pay and workplace safety.

Earlier this month, Butler said it would begin posting positions for permanent replacement employees in response to the strike. Hospital President and COO Mary Marran also announced that May 23 would be the last paycheck for employees who are not actively working due to the strike, and that their hospital-sponsored benefits would expire June 1. Affected employees received information about COBRA coverage and other benefit options. 

In a statement shared with Becker’s on June 25, Ms. Marran said the hospital “respectfully disagree[s]” with the Rhode Island Department of Labor and Training’s decision to partially allow benefits and “will review with legal counsel.”

“Butler Hospital remains focused on our core mission — to provide safe, high-quality mental health care to our patients and families during this challenging time,” she said. “We continue to take all necessary steps to maintain uninterrupted care, including the deployment of trained, credentialed staff. Butler Hospital remains committed to engaging in good faith negotiations with the union in pursuit of a fair and sustainable agreement that supports both our dedicated workforce and the patients who rely on us every day.

“We continue to welcome employees back to work at any time.”

The union said it will request an amendment to make the state’s decision retroactive to as far back as May 19, when workers first began receiving letters informing them of the termination of their medical, dental and vision coverage (effective May 31) as well as life, long-term disability, critical illness, accident insurance and voluntary legal insurance.

Both parties are slated to return to negotiations on June 25, according to CBS affiliate WPRI.

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