Abstract

 


 



The Right to Strike vs. the Right to Care


Craig B. Garner


Pepperdine University School of Law

January 15, 2012


Abstract:     
This article addresses the struggle between hospitals and the nurses who are entrusted to care for the patients. In December, several thousand nurses staged a strike in hospitals throughout California. In New York, the threat of strikes recently passed, at least for now. Last month in Riverside County, California, a Judge issued an eleventh-hour injunction to avert a walkout. Without opining on the propriety of nursing unions or collective bargaining in the United States, this article raises the need to balance the demands of hospital patients who have a functional "right" to health care with the legal entitlement on the part of nurses who wish to participate in strikes as a lawful exercise of collective bargaining rights.

Number of Pages in PDF File: 2

Keywords: Hospital, nurse, union, strike

JEL Classification: J5, J4, I1, M5, N42, N44

working papers series


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Date posted: February 26, 2012  

Suggested Citation

Garner, Craig B. , The Right to Strike vs. the Right to Care (January 15, 2012). Available at SSRN: http://ssrn.com/abstract=2011185 or http://dx.doi.org/10.2139/ssrn.2011185

Contact Information

Craig B. Garner (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-458-1560 (Phone)
310-694-9025 (Fax)
HOME PAGE: http://www.craiggarner.com
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