Court Update

Lawsuit Filed to Stop Implementation of Flu and Mask Policy

October 28, 2009 - This week SEIU 121RN and UHW filed for a temporary restraining order in Federal Court requiring HCA to arbitrate a dispute around the new seasonal flu policy – which requires employees to get the flu vaccine or wear a surgical mask.  

In response to SEIU’s restraining order, HCA has agreed that the California hospitals will not implement the mask/flu policy in any way prior to November 16, 2009.  

HCA will file legal arguments on this matter on November 5. SEIU’s reply will be due on November 10 and the Court hearing will be on November 13.  If the Court does not rule on the 13th, SEIU will ask the Court to direct the parties as to the appropriate way to proceed - i.e., SEIU will ask for the hospitals to be prohibited from acting until the Court issues a decision.

The original implementation date was Oct. 1.  As we all know, the hospitals moved it back to Oct. 15 and then to Nov. 1.  

On Monday, November 2 wear purple and get a sticker to show your support for a real flu protection policy and a comprehensive infection control program.   

Questions:  Talk with a steward or your union rep.

Court Update Flyer Court Update Flyer
Court Update Flyer November 13: Judge Grants Temp Restraining Order Flyer