MADISON, Wis. — When UW Health and its nurses announced an agreement Monday that put a stop to a strike that would have otherwise been underway right now, the details of the deal were sparse. Now, more information about the agreement has been released by both sides.

What brought both sides to the negotiating table?

The nurses and the hospital want a clear answer to one question: Can UW Health legally recognize a union in the wake of Act 10, which curtailed collective bargaining rights in Wisconsin when it passed in 2011?

The nurses say yes, while the hospital says no. However, both sides have agreed to get to the bottom of the confusion.

Colin Gillis, a nurse at UW Health, speaks during a union celebration Tuesday night held in Madison, Wis. (Spectrum News 1/Jack Spaltholz)

Pay, benefits, hours and working conditions aren't the main focus of the agreement, at least not right now. While those concerns will likely be discussed through the ongoing process, negotiations have been focused on union recognition.

Under the agreement announced Monday, UW Health has not recognized a union. The deal merely provides a pathway for the state's labor commission to figure out if the hospital can move forward.

What parts of the agreement satisfied nurses enough to call off their strike?

The short answer: a seat at the negotiating table. A key part of the agreement includes a commitment from both sides to work together in the interest of the patients.

“This historic agreement ensures we have a strong union voice on the job,” Mary Jorgensen, a registered nurse for 26 years, the last 17 years of which she has worked in the UW Health operating room, said. “I am so excited about the opportunity before us, and I’m confident in our ability to work together in a new, more powerful way. This is a major accomplishment not only for nurses in the healthcare industry, but also for working people throughout the country organizing for unions for all, no matter where they work.”

Key parts of the agreement for SEIU:

  • Nurses have the right to join SEIU Healthcare Wisconsin and become members immediately
  • Nurses and UWHCA will go to the table immediately to meet and discuss critical nursing issues through a union-management process, and can raise the full range of issues and solutions they want
  • Management recognizes nurses’ right to self-organization, participation in their union and other concerted activity
  • Management and nurses commit to working together to build a productive, collaborative relationship rooted in mutual respect and civility
  • Management has agreed to prioritize working with nurses toward a renewed "peer support" process for disciplinary actions
  • Establishment of a process for nurses to potentially achieve formal collective bargaining rights through the Wisconsin Employment Relations Commission (WERC)
Union supporters hold a solidarity sign during Tuesday night's celebration. (Spectrum News 1/Jack Spaltholz)

How does UW Health benefit from the agreement?

First and foremost, the hospital and its clinics will not have to deal with a work stoppage by the nurses.

“We also agreed we want to take care of patients, so we want to work hard to get to an agreement to stop this work stoppage, and future ones, while we're working through this particular set of issues,” UW Health CEO Dr. Alan Kaplan told reporters during a press conference Monday.

Key parts of the agreement for UW Health:

  • SEIU will cancel the work stoppage scheduled for this week and refrain from any further work stoppages until the regulatory/legal process to review whether UW Health is covered by the Wisconsin Peace Act and can collectively bargain with a union has concluded
  • SEIU and UW Health will jointly petition the Wisconsin Employment Relations Commission for a ruling on whether the Peace Act applies to UWHCA
  • Both parties retain full rights to pursue further clarification through the courts, including through a direct petition to the Wisconsin Supreme Court
  • In exchange for SEIU’s agreement that it shall not engage in the current work stoppage, or any other work stoppage until there is a definitive ruling on disputed legal issues, UW Health agreed to engage with SEIU in a nonbinding, good faith “meet and discuss” process while any court proceedings are pending
  • Further actions will be determined based on the rulings from WERC and from the courts

How long could the process take?

On the short end, the Wisconsin Employment Relations Commission could determine if the Peace Act applies to UW Health in a matter of months. However, if either side were to seek legal clarification from the courts, the process could take up to years.