When the Massachusetts Nurses Association gave Mass General Brigham its 10-day notice, it did not just announce a strike. It announced an “unfair labor practice” strike, NBC10 Boston reported. About 4,000 Brigham and Women’s Hospital nurses plan to walk out on Wednesday, October 14, 2026, with no end date, unless a contract is reached first.
Those three words are not rhetoric. Under federal labor law they decide whether the hospital can hire permanent replacements and refuse to take the nurses back. Here is what the label means, who decides whether it sticks, and what has changed since the nurses voted.
Where things stand
- The vote. On September 24, nurses voted 2,986 to 215 to authorize an open-ended strike, according to the union. Our explainer on the vote, the 10-day notice requirement and impasse is here.
- The notice. The union said it submitted the required 10-day notice for an “unfair labor practice” strike, and set October 14 as the start date, NBC10 and WBUR reported.
- The issues. Nurses want cost-of-living increases on top of annual step raises, more affordable health insurance, limits on temporary travel nurses and patient-care protections. MGB says nurses receive annual raises and that it proposed a new increase for nurses at the top of the wage scale. The hospital has called the additional across-the-board raises “not financially sustainable,” WBUR reported.
- The governor. On Monday, October 5, Gov. Maura Healey said: “MGB needs to open discussions, open negotiations, and get back to the table.” She met privately with both sides before the July strike, which went ahead anyway.
- The hospital’s plan. Brigham said it will hire temporary workers to keep the hospital running.
Economic strike or unfair labor practice strike: why it matters
Federal labor law sorts strikes into two kinds, and the difference is what happens to the strikers’ jobs.
Economic strikes are over wages, benefits and working conditions. In NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), the Supreme Court said an employer may hire permanent replacements for economic strikers to keep operating. Economic strikers cannot be fired for striking, but if their jobs have been filled by permanent replacements when they offer to return, they are not entitled to bump those replacements; they go on a recall list.
Unfair labor practice strikes are strikes caused or prolonged, at least in part, by the employer’s unfair labor practices, such as refusing to bargain in good faith. Under long-standing National Labor Relations Board doctrine, unfair labor practice strikers are entitled to get their jobs back when they unconditionally offer to return, even if the employer hired replacements in the meantime. The Supreme Court upheld the Board’s order reinstating unfair labor practice strikers in Mastro Plastics Corp. v. NLRB, 350 U.S. 270 (1956), and held that their strike was protected despite a no-strike clause in the contract.
That is why unions label strikes this way. If the strike is a ULP strike, the hospital’s temporary workers stay temporary.
The label is not the last word
Calling a strike an unfair labor practice strike does not make it one. The NLRB decides, usually after the fact, in charges filed by the union or the employer. The union will need to show that unfair labor practices by MGB actually caused or prolonged the strike. We have not seen reporting on which specific practices the union has charged or whether the NLRB has issued any complaint.
Two practical points follow:
- MGB says it will use temporary workers. Temporary replacements do not trigger the replacement question at all, because nurses return when the strike ends. The ULP label matters most if the strike runs long enough that a hospital starts hiring permanent staff.
- A strike can convert. An economic strike can become a ULP strike if the employer commits unfair labor practices during it, and the protection attaches from that point.
What about July’s lockout?
In July, nurses struck for one day and the hospital locked them out for four more, using temporary workers, according to WBUR. This time the strike itself has no end date, so the question is how long the hospital can run on temporary staff, not whether it will lock nurses out afterward.
What patients should know
- The hospital has said it is “fully prepared” to continue providing care during a strike, using temporary workers.
- Federal law required the union to give 10 days’ notice to a health care institution so it can make arrangements for patients. That notice runs out on October 14.
- If you have a scheduled procedure, the hospital is the only source for whether it will proceed. Call ahead.
- About 2,000 nurses at Boston Medical Center are also considering a three-day strike, without a date, WBUR reported.
Frequently asked questions
When does the Brigham nurses strike start?
Wednesday, October 14, 2026, according to the Massachusetts Nurses Association. It is open-ended, and the union says it will cancel if a contract is reached first.
What is an unfair labor practice strike?
A strike caused or prolonged at least in part by an employer’s unfair labor practices. Under NLRB doctrine, those strikers are entitled to reinstatement when they offer to return, even if replacements were hired. Economic strikers can be permanently replaced under NLRB v. Mackay Radio.
Can Brigham fire striking nurses?
No. Striking is protected activity. The question is whether the hospital may permanently replace them, which depends on whether the NLRB treats the strike as an economic or an unfair labor practice strike.
Do striking nurses get paid?
No. WBUR reported that striking nurses are not paid and must cover their own health insurance costs, though they may apply for unemployment or pick up shifts elsewhere.
Sources: NBC10 Boston, October 5, 2026; WBUR, October 2, 2026; Massachusetts Nurses Association (vote results). NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), and Mastro Plastics Corp. v. NLRB, 350 U.S. 270 (1956), read on CourtListener. General information about the law, not legal advice.