SEIU Healthcare 1199NW v. Providence Health & Services

Filing 8

ORDER granting 2 Plaintiff's Motion for TRO; Defendants are ENJOINED from reorganizing, laying-off, or changing the working conditions of HUC employees; the TRO Hearing is set for 12/26/2017 at 09:30 AM in Courtroom B before Judge Ronald B. Leighton; signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SEIU HEALTHCARE 1199NW,

CASE NO. C17-6031 RBL

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Plaintiff,
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v.

ORDER ON MOTION FOR
TEMPORARY RESTRAINING
ORDER

PROVIDENCE HEALTH &
SERVICES, d/b/a PROVIDENCE ST.
PETER HOSPITAL
Defendant.

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THIS MATTER is before the Court on Plaintiff SEIU Healthcare 1199NW’s Motion for
Temporary Restraining Order [Dkt. #2]. On November 16, 2017, Defendant Providence St. Peter
Hospital notified SEIU of its plan to restructure certain Health Unit Coordinator (HUC)
employees’ positions from 8-hour to 12-hour shifts. SEIU contends that Providence’s
reorganization plan violates the parties’ collective bargaining agreement and seeks a temporary
restraining order (TRO) to enjoin Providence from implementing the restructure pending a
hearing on the motion for a preliminary injunction. Providence has been served with process but
has not yet entered an appearance in this case. Dkt. 7.

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ORDER ON MOTION FOR TEMPORARY
RESTRAINING ORDER - 1

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I. LEGAL STANDARD
The purpose of a TRO is “preserving the status quo and preventing irreparable harm just

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so long as is necessary to hold a hearing [on the preliminary injunction application], and no

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longer.” Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, 415

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U.S. 423 (1974); see also Reno Air Racing Ass’n v. McCord, 452 F.3d 1126, 1130–31 (9th Cir.

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2006). To obtain a TRO or a preliminary injunction, the moving party must show: (1) a

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likelihood of success on the merits; (2) a likelihood of irreparable harm to the moving party in

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the absence of preliminary relief; (3) that a balance of equities tips in the favor of the moving

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party; and (4) that an injunction is in the public interest. Winter v. Natural Res. Def. Council,

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Inc., 555 U.S. 7, 20 (2008).

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II. TEMPORARY RESTRAINING ORDER

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A. SEIU meets the requirements for a temporary restraining order.

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SEIU contends that it is likely to succeed on the merits because the proposed

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restructuring and resultant layoffs violate the plain language of the CBA. Although the Court

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does not yet have the benefit of Providence’s response, the Court’s review of SEIU’s filings and

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the CBA suggest that Plaintiff’s arguments regarding the likelihood of success on the merits are

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sufficiently sound.

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Next, SEIU demonstrates that immediate and irreparable harm to HUC employees is

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likely in the absence of a TRO. SEIU has included declarations from three HUC employees who

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have low seniority and fear that they will lose their jobs and their health benefits if the

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restructure goes forward.

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Third, the Court balances the equities of the potential delay in implementing
Providence’s restructuring plan against the potential harm to impacted HUC employees at St.

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ORDER ON MOTION FOR TEMPORARY
RESTRAINING ORDER - 2

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Peter Hospital. The Court concludes that the potential impact to the 80 HUCs tips in favor of

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maintaining the status quo.
Finally, Plaintiff has sufficiently demonstrated that a TRO maintaining the status quo

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pending a hearing on the preliminary injunction is in the public interest.
SEIU’s affidavit of service indicates that Providence was served with a copy of the

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lawsuit and the application for TRO on December 12, 2017. Unsurprisingly, Providence has not

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yet had an opportunity to respond. Providence’s memo to employees indicates that the

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restructuring will take effect on January 7, 2018.1 SEIU contends that layoffs may begin as soon

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as December 16, 2017.2 Given the short timeframe, the Court determines that the risk of

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irreparable harm to the impacted employees justifies granting the TRO even though the Court

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has not yet heard from Providence in opposition. Accordingly, SEIU’s Motion for Temporary

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Restraining Order [Dkt. 2] is GRANTED.
Defendant Providence St. Peter Hospital, its officers, employees, agents, representatives,

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attorneys, and others acting in concert or participation with Defendant are ENJOINED from

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reorganizing, laying-off, or changing the working conditions of HUC employees at St. Peter

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Hospital (including as described in the November 16, 2017 memo from Wendy Gauksheim to

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Geoff Bate) pending a hearing on and resolution of the motion for preliminary injunction.

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B. Bond
The Court may issue a TRO “only if the movant gives security in an amount that the

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court considers proper to the pay the costs and damages sustained by any party found to have

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The November 16, 2017 memo from Providence to HUC employees detailing the proposed
reorganization states that the restructure will be effective on January 9, 2018. A timetable in that
same memo lists January 7, 2018 as the effective date. See Dkt. 2-1 at 53.

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The CBA requires Providence to provide at least thirty days advance notice in writing to SEIU
and its employees prior to a unit or department restructuring. Dkt. 2-1 at ¶ 6.3.1.
ORDER ON MOTION FOR TEMPORARY
RESTRAINING ORDER - 3

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been wrongfully enjoined or restrained.” Fed. R. Civ. P. 65(c). SEIU avers that a bond of no

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more than one dollar is appropriate when considering that Plaintiffs are amenable to expedited

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arbitration under the CBA. Because the Court intends to resolve the issue of the preliminary

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injunction prior to effective date of the proposed restructure, the Court finds that a security in the

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amount of one thousand dollars ($1,000) is appropriate in this case.

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III. HEARING ON MOTION FOR PRELIMINARY INJUNCTION

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The Court sets a hearing on the Motion for Preliminary Injunction for Tuesday,

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December 26, 2017 at 9:30 AM in Courtroom B. Providence shall file a response to the motion

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for preliminary injunction no later than December 19, 2017. SEIU may file a reply, if any, by

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December 22, 2017.

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IT IS SO ORDERED.

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Dated this 14th day of December, 2017, at 9:00 AM.

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A

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Ronald B. Leighton
United States District Judge

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ORDER ON MOTION FOR TEMPORARY
RESTRAINING ORDER - 4