Temple will have to foot the bill because, like many large employers, it is self-insured for unemployment compensation.
Whether a work stoppage is a strike or lock out depends on which side changes the status quo. A strike stems from the workers. A lock out occurs when the employer changes the terms of employment. In Temple's case, the change had to do with a key component in the negotiations - the tuition benefit for dependents. In March 2009, Temple had notified its employees that tuition benefits would be ended at the end of this month.
"We are thrilled that our legal position has been vindicated by this decision," said Bill Cruice, executive director of the Pennsylvania Association of Staff Nurses and Allied Professionals, the union that represented the 1,500 workers who left their jobs on March 31.
"The most important thing about this ruling is that it shows that Temple was engaged in reckless and aggressive bargaining, effectively locking out nurses and allied professionals instead of coming to the bargaining table and negotiating in good faith," he said.
Temple plans to appeal the decision, Temple hospital's president and chief executive Sandy Gomberg said in a brief statement, noting that Temple disagrees with the determination.
"Because the employer is the party that altered the status quo in this case, the employer is responsible for the work stoppage," the determination said, adding "unilateral modification of an existing collective bargaining agreement by an employer constitutes a lockout under the Law and allows an employee to receive benefits."
