🗞️ NLRB Judge Rules on Labor Practices at Mass. Saint Vincent Hospital Following Nine-Month Nurse Strike
NLRB judge finds Worcester hospital violated federal labor law by unilaterally restricting union access, altering bonus programs, and bypassing bargaining procedures with nurses' union following 2021 strike.
An NLRB Administrative Law Judge ruled on January 30, 2026, that Saint Vincent Hospital in Worcester, Massachusetts, committed multiple unfair labor practices against the Massachusetts Nurses Association (MNA) following registered nurses' return from a nine-month strike in late 2021.
The decision found the hospital violated Section 8(a)(5) of the National Labor Relations Act by making unilateral changes without bargaining. Most significantly, hospital management reversed over 20 years of flexible practice by strictly requiring union representatives to provide 24-hour advance notice before facility visits, then banning two union representatives for alleged violations.
The hospital also prematurely declared impasse on bonus incentive programs and implemented them without reaching genuine deadlock in negotiations. Management directly solicited employees to sign individual bonus contracts—bypassing the union entirely—and executed at least 22 agreements before claiming negotiations had stalled.
Additionally, Saint Vincent violated the Act by unilaterally ending a 13-year practice of using professional arbitration services for full case administration, announcing it would only use these organizations for arbitrator selection. The hospital also withheld legally-required information about employee health plans dating back to 2012.
The judge ordered the hospital to rescind the unlawful changes, make affected employees whole for financial losses, bargain in good faith with the union, and post remedial notices. Notably, the judge dismissed allegations that the hospital's actions were motivated by anti-union discrimination, finding insufficient evidence of discriminatory intent.
Key Points
- Union Access: Hospital changed 20+ year practice requiring flexible notice to strict 24-hour requirement; banned two union representatives for 30 and 56 days respectively
- Bonus Programs: Unilaterally reduced agreed shift bonus from $600 to $400; prematurely declared impasse on two new incentive programs
- Direct Dealing: Hospital executed 22+ individual bonus contracts with nurses before bargaining to genuine impasse, bypassing union
- Arbitration Changes: Ended established practice of using Labor Relations Connection and American Arbitration Association for full case administration
- Information Withholding: Refused to provide health care plan documents from 2012-present despite presumptive relevance
- Timing: All violations occurred after nurses returned from 9-month strike (March-December 2021)
- Dismissed Claims: Judge found no evidence violations were motivated by anti-union discrimination
- Remedy: Hospital must rescind changes if union requests, compensate affected employees, and bargain in good faith
Primary Source Author: Administrative Law Judge Susannah Merritt
Primary Source: JD-09-26, VHS Acquisition Subsidiary Number 7, Inc. d/b/a Saint Vincent Hospital and Massachusetts Nurses Association, Cases 01-CA-290852, et al.
Primary Source Link: https://apps.nlrb.gov/link/document.aspx/09031d45841b35bc
Supplemental Links
- National Labor Relations Board - Official Website
- National Labor Relations Act - Full Text
- NLRB: Unfair Labor Practices Overview
- Section 8(a)(5) - Duty to Bargain
- Massachusetts Nurses Association
- U.S. National Archives - Wagner Act Background
- NLRB: Collective Bargaining Rights
- Labor Arbitration Procedures
