YOUNGSTOWN, Ohio - The Ohio Nurses Association has not changed it's plans to strike Northside Medical Center on Tuesday, even though the hospital has filed an unfair labor practice charge with the National Labor Relations Board, challenging the O.N.A.'s ten day notice of it's intention to strike.

The nurses union is expected to release a statement after it concludes meetings with members tonight on plans to begin a one day walkout at 7 a.m. Tuesday. Members of the ONA have been on the job in spite of not having a contract. When they announced their intent to walk off the job, union leaders characterized the move as an "unfair labor practice strike".

The hospital contends that the union is in violation of the National Labor Relations Act by serving three, separate, conflicting and confusing notifications to the hospital.

 According to the release:

  • On September 12, the union's notice specified that the strike and picketing would commence at 8:00 a.m. on October 24, 2013.
  • On the same day, an "Amended" notice specified that a strike and picketing would commence at 8:00 a.m. September 24.
  • On the same day, a second amended notice specified that the union would commence picketing at 7:00 a.m. on September 24.

The hospital claims that the law requires the union and hospital to agree in writing to any modifications of the notice that would extend the strike.  The hospital says it has not agreed to any of the union's notices.

The release from Northside states, "If the O.N.A. moves forward with the strike and/or picketing tomorrow (Tuesday), the hospital would view such activities as unlawful.

Northside says it has used a professional staffing agency to hire temporary replacement nurses who are credentialed, experienced, and licensed to work in Ohio.

The hospital says that the O.N.A. has objected to any provisions in a new contract that would allow the hospital to flex it staffing.

The O.N.A. Ohio Nurses Association says the proposed contract takes away nurses ability to advocate for the patient.

"We think they're entitled to be able to advocate for patient care, we think they're entitled to have good staffing, nurses at the bedside," said Eric Williams, president of the Youngstown General Duty Nurses Association.

Nurses say they are willing to negotiate at any time for however long it takes.

Stay with wfmj.com and 21 News for the  latest on this developing story.