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 lockout depends on which side changes the status quo. A strike stems from the workers. A lockout occurs when the employer changes the terms of employment. Temple's change had to do with a key component in negotiations: the tuition benefit for dependents. In March 2009, Temple notified employees that it would halt the benefit 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 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, hospital president and chief executive Sandy Gomberg said in a brief statement.
The decision said that "unilateral modification of an existing collective bargaining agreement by an employer constitutes a lockout under the law and allows an employee to receive benefits."
Cruice estimated that it would cost the hospital $1.5 million on top of the tens of millions that Temple paid to hire replacement workers from around the county, funding their room and board at Center City hotels. He said about 800 or 900 of the workers would qualify. Many who were able to work a day or two a week during the work stoppage may have earned too much to qualify.
The tuition benefit was the last issue in bargaining to be resolved to end the work stoppage.
