Prime Healthcare files lawsuit against labor union, alleging culture of ‘intimidation’ puts patients at risk

California-based Prime Healthcare, along with its executive leadership team, filed a lawsuit against National Nurses United and its local chapter, California Nurses Association, accusing the labor union of “unlawful conduct” that goes “well beyond legitimate labor activity.”

In a press release, the for-profit healthcare company, along with its nonprofit foundation, said it is seeking only “narrowly tailored relief” that will not ask a court to infringe upon "lawful organizing, collective bargaining, peaceful protest and protected speech.”

The complaint was filed on Oct. 5 in San Bernardino County Superior Court, listing three union representatives among the defendants. The lot are accused of engaging in a “nationwide campaign of threats, harassment and defamation” that rose to the level of challenging Prime’s ability to deliver “safe patient care.”

“Defendants National Nurses United and California Nurses Association, together with their agents and co-conspirators, have engaged in a coordinated national campaign of threats, intimidation, harassment, invasion of privacy, and the dissemination of demonstrably false information directed at Prime Healthcare, their executives and employees, and their families,” the lawsuit reads. “By targeting and attempting to intimidate the very individuals responsible for operating hospitals, supporting caregivers, and ensuring the safe and continuous delivery of healthcare services, defendants’ conduct creates consequences that extend far beyond the bargaining table and directly endanger patient care and patient safety.”

As for the identity of those targets, the lawsuit contends it was not only hospital executives but also other employees, those who were not aligned with the demands of the union—including other nurses.

Staff who did not support union organizing, or who were not part of the union, were inundated with unwanted contacts, including people knocking on their doors, Prime Healthcare said.

“There is room for passionate disagreement and lawful advocacy, but there should never be room for threats, intimidation, harassment, targeting families or jeopardizing patient care,” Rosenda Barrera, MSN, RN, said. “The overwhelming majority of nurses come to work every day committed to caring for their patients.”

“Nothing about a labor dispute should compromise that fundamental responsibility or the safety and dignity of patients, caregivers and their families.”

The threat to patient safety mentioned in the lawsuit is not entirely clear, but appears to be related to understaffing that could result from union activity, as Prime is asking the court to put limitations on when and how the union can interact with employees and their families.

HealthExec reached out to the company to ask if any actions have directly threatened patients. We will update this story with any response we receive.

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Bitter contract negotiations

Prime and National Nurses United are currently involved in contract negotiations that have resulted in multiple strikes at hospitals operated by the company, with union operations extending from the Midwest to the West Coast. On the same day the lawsuit was filed, the union announced that nurses suspended and fired during the dispute had been reinstated, specifically those at Olympia Fields Hospital in Illinois.

Complaints that resulted in disciplinary action were allegedly related to concerns over low staffing and patient safety. The firings resulted in a retaliatory strike by the union, which HealthExec covered last month.

“Nurses were unlawfully disciplined for our patient advocacy,” Hillary Ferrell, former RN at Olympia Fields Hospital, said in a statement announcing the reinstatements. “But we will never stop speaking up for our patients. Our patient and our community deserve safe staffing and safe patient care.”

Notably, defendants listed in Prime Healthcare's lawsuit are located in different parts of the country, though the lawsuit was filed in a California court and is focused on activity in the state.

Prime Healthcare owns and operates a network of 55 community hospitals and more than 360 outpatient clinics across 15 states. It has over 60,000 employees.

HealthExec also reached out to the nurses’ union for comment.

Chad Van Alstin Health Imaging Health Exec

Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.

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