In May, the Governor signed bill A4772 to clarify the law and close loopholes to make it easier for union members to qualify for unemployment compensation during labor disputes. NOT! At least for health care workers from JNESO District Council 1, IUOE-AFL-CIO.

Nurses and Techs at St. Michael’s Medical Center in Newark, who were on strike last year for a month and were denied unemployment insurance benefits (UI), are SUPPOSED to be covered retroactively under this law. More than 180 JNESO members were eligible to file for unemployment.

“The teamsters who went on strike in May and the nurses at Robert Wood Johnson who are on strike now are collecting unemployment, but it has been over a year and our members still have no relief!” stated Douglas Placa, Executive Director of JNESO.

To add insult to injury, JNESO members who did get UI benefits are now suffering the additional strain of being sent monthly letters to pay back benefits they were awarded. And, for some tax refunds and ANCHOR benefits are being held hostage because the Department of Labor has failed to rectify the issue.

“I am totally stressed out by this,” said Kathy Sandkuhl, a staff nurse for 36 years. “I applied for unemployment, I received 3 weeks out of 5 and then started getting notices that I was not entitled and had to pay it back.” She added “Then I got notification they were withholding our ANCHOR rebate and state income tax refunds we were due. Enough is enough already.”

The union has been having hearings at the DOL over the past few months and hoped once the governor signed the law this would have been resolved – but no such luck.

Jane Mertrud, a Cardiac Catheterization Technologist, said she is frustrated and disappointed and tired of receiving threatening letters about the unemployment money she was initially paid. “I thought when they passed this bill and we should be getting this money. When I applied for the ANCHOR benefit – I didn’t get mine. I knew when I didn’t receive my ANCHOR money it was because of the strike unemployment I received. I am entitled to this money!”

Felix Rodriguez, and MRI Technologist, said he tried to apply for unemployment initially but was flat out denied. Just a few days ago he received a call from unemployment saying they would send him an email to reapply, but he has yet to receive it. “I was fortunate that I had some money in my savings account that I used to survive. I have been trying to call the Governor’s office about this to see if we can get some resolution, but all I get is the voicemail and no one ever calls me back.” He added, “It makes me feel awful. We have people counting on this money for over a year and have other unions who are striking like RWJ and they mention they applied for UI already.”

Isabella Leiderman, an X-Ray Technician, said the financial strain of the strike is still plaguing her family. “I am a single mother with two kids. I didn’t get any unemployment, and I had to use credit cards to pay my bill and pay for daycare, and I am still paying them off.”

Placa explained that the legislation was retroactive to January 1, 2022, which falls within the scope of the law. It clearly states that if individuals are locked-out, go on strike or, the employer is 80% operational the individual filing the claim meets threshold.

“Our members met this threshold,” he stated. “During the strike the hospital filed an appeal, and we have gone through several hearings with the Department of Labor over this even after the bill was signed. The appeal claimed they were not 80% operational, but a spokesperson was quoted in numerous papers and in an ad campaign they ran during the strike that, in fact, St. Michael’s was fully staffed and operational.”

JNESO is scheduled for another Department of Labor Unemployment Insurance Appeals Hearing on Sept. 18, but to make matters worse, the DOL said they can’t find the transcription of one our of the previous hearings.

“This has been a complete nightmare that just won’t end for our members,” said Placa. “The head of the DOL needs to make this right immediately – or he should be held accountable.”

JNESO, is one of the largest health care unions in New Jersey representing some 5,000 nurses and technicians at facilities across New Jersey and Pennsylvania.