News outlets are reporting that as soon as September 4, 2023 Service Employees’ International Union (SEIU)-Healthcare Illinois officials plan to order around 1,000 nursing home workers to strike against Infinity Healthcare at 11 facilities in Illinois. Reports indicate the following facilities will be impacted:
- City View Multicare Center (Cicero)
- Niles Nursing and Rehabilitation Center (Niles)
- Lakeview Nursing and Rehabilitation Center (Chicago)
- Ambassador Nursing and Rehabilitation Center (Chicago)
- Continental Nursing and Rehabilitation Center (Chicago)
- Oak Lawn Respiratory and Rehabilitation Center (Oak Lawn)
- Southpoint Nursing and Rehabilitation Center (Chicago)
- West Suburban Nursing and Rehabilitation Center (Bloomingdale)
- Forest View Center for Rehabilitation and Nursing (Itasca)
- Momence Meadows Rehabilitation and Skilled Nursing Center (Momence)
- Parker Nursing and Rehabilitation Center (Streator)
This situation raises serious concerns for healthcare employees who believe there is much to lose from a union boss-ordered strike and who do not want to abandon their jobs and their patients.
Employees have the legal right to rebuff union officials’ strike demands, but it is important for them to be informed before they do so.
IF YOU WOULD LIKE TO WORK DURING A STRIKE, READ THIS ENTIRE SPECIAL NOTICE BEFORE RETURNING TO WORK – IT MIGHT SAVE YOU THOUSANDS OF DOLLARS!
The Foundation wants you to learn about your legal rights from independent sources. You should not rely on what self-interested union officials tell you. For more than five decades, Foundation attorneys have worked in the courts and labor agencies to protect and expand individual employees’ rights in situations such as strikes. It is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced unionism abuses.
Employees of Infinity Healthcare should know they have the following rights:
- A union has no disciplinary power over nonmembers and cannot discipline them for crossing a picket line and working during a strike. If you are currently not a member of the SEIU, you have the right to go to work even if the union bosses order a strike.
- If you are currently a union member, you have the right to resign your union membership. Union officials can (and often do) levy large fines against union members who work during a strike. If you are now a union member and want to work during a strike, you should seriously consider resigning your union membership at least one day BEFORE you return to work. That is the best way to avoid potential union fines and other discipline. In sum, to have the best legal defense possible against fines the union may try to impose, you should give the union notice of your resignation AT LEAST ONE DAY before you cross the picket line so that when you return to work you are not a union member.
The decisions whether to resign your union membership and/or cross the picket line are wholly yours. The Foundation is simply providing this information so that your decisions are informed. If you are a member and decide to resign your union membership, please follow this link.
NOTE: Although not legally required, a good practice is to send your resignation letters to the union and employer by certified mail, return receipt requested, and save copies of your letters and return receipts to prove delivery. If you hand deliver a letter, make sure that you have a reliable witness to the delivery. In our experience, angry and dishonest union officials often pretend they did not actually receive resignations and initiate discipline against non-striking workers anyway. If you encounter any difficulties in exercising your right to work during a strike, you can contact the Foundation to request free legal aid here.
- You also have the right to revoke your dues checkoff and stop allowing the union to collect money from your paycheck. When there is no collective bargaining agreement in effect you can send letters to the union and your employer revoking your authorization to have union dues deducted from your paycheck.
- If you resign your union membership or are already not a union member, you have a right to pay only the portion of union dues directly germane to the union’s bargaining functions, pursuant to the US Supreme Court decision in CWA v. Beck. You can send letters to union officials and Infinity Healthcare officials asking for a reduction to be made in dues deductions to your paycheck in accordance with Beck. For more information on your right to pay reduced union fees under CWA v. Beck, please follow this link.
- If you and your co-workers no longer want the union to be your exclusive bargaining representative, you have the right to petition for a secret ballot decertification election to do so. Information about decertification elections can be found here.
