Finance Ministry seeks injunction against nurses

There may be no alternative to an injunction because the nurses' strike started three weeks before the expiration of the industrial quiet to which they are bound.

The day on which the nurses intensified their strike, switching from Saturday schedules to emergency schedules, which means limited staffing for life-saving procedures only, the Ministry of Finance petitioned the Tel Aviv District Labor Court for an injunction against the strike. The court will hear the motion at 7 pm today. There may be no alternative to an injunction, because the strike was launched three weeks before the expiration of the period of industrial quiet which is binding on the nurses.

The Ministry of Finance petitioned the Labor Court while representatives from the ministry and the nurses held a further round of talks at Beit Hahistadrut in Tel Aviv. Histadrut chairman Ofer Eini is furious about the petition, saying in a sharply worded statement, "This is unworthy conduct by the Ministry of Finance. With one hand it is holding negotiations, while the other hand is writing a petition to the court. I find it difficult to understand this conduct."

As of web-posting, there is no information about any progress in the talks, but most assessments are that the dispute is far from over.

Illegitimate pressure

In the petition to the court, the Ministry of Finance says that the strike is illegitimate, both because of the nurses' promise of industrial quiet, and because of the timing. "The timing of the strike, just before elections, is an attempt to apply illegitimate pressure on decision-makers at this sensitive time. The goal is for decisions to be taken on this matter to have a decisive influence on the freedom of action of the next government."

Eini also responded to this argument, saying, "There is no connection with the elections. In March 2012, the Ministry of Finance promised in a signed agreement to hold negotiations with the nurses in September-December this year on a pay hike in addition to the framework public sector agreements. The Ministry of Finance is now saying one thing while doing another. The promise is mere paper and the ministry is using excuses like the elections."

One of the appendices to the petition for injunctions describes Ministry of Health assessments of the damage caused so far by the nurses strike. For example, Rambam Medical Center in Haifa has cancelled 300 surgical procedures and 200 diagnostic tests since the start of the strike. Meir Hospital in Kfar Sava reports that 280 surgical procedures have been cancelled, and Carmel Hospital in Haifa reports that 300 surgical and other procedures have been cancelled.

Even if the Labor Court issues an injunction against the striking nurses, on January 1, 2013, the industrial quiet stipulated in the last collective agreement expires, and the nurses can resume their strike. In any event, under the dynamics of the Labor Court, the nurses and the Ministry of Finance will be ordered to conduct intensive negotiations under a clear timetable, and notify the court of progress.

Published by Globes [online], Israel business news - www.globes-online.com - on December 11, 2012

© Copyright of Globes Publisher Itonut (1983) Ltd. 2012

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