NLRB accuses Rogers Behavioral Health of firing 6 over union drive

A regional director of the National Labor Relations Board has issued a complaint alleging that Rogers Behavioral Health fired six workers at its West Allis, Wisconsin, clinic because they supported a union. The complaint is an allegation. It will be heard by an administrative law judge in December.

NLRB Regional Director Jennifer Hadsall signed the complaint on Oct. 8, according to Wisconsin Public Radio. It alleges Rogers “has been discriminating in regard to the hire or tenure or terms or conditions of employment” of its employees, “thereby discouraging membership in a labor organization.” Rogers is a nonprofit based in Oconomowoc that operates in 10 states.

The firings

Rogers fired two nurse practitioners and a physician psychiatrist at the West Allis clinic in February, before the union election. The complaint says they “supported and assisted the Union,” WPR reported. Behavioral Health Business reported that the three clinicians were let go on Feb. 9, five days after a larger group of employees notified the company that they intended to unionize with the National Union of Healthcare Workers.

The complaint says Rogers fired three more workers in April. One was fired for escorting the previously fired employees to the election, where they cast challenged ballots after the NLRB ruled them eligible. The other two were fired for supporting and assisting the union, according to WPR.

One of the April firings was Kate Zolandz, a therapist. The union says Rogers challenged her professional license after she was fired and that the state ultimately sided with her. “We took a stand to improve care for our patients, and Rogers executives tried to ruin our careers,” Zolandz said, according to WPR.

The union vote

Employees at the West Allis location voted in April to join the National Union of Healthcare Workers. WPR reported the tally as 54-4. Spectrum News 1 reported it as 53-4.

Spectrum reported that Rogers objected to the result. The company said certain conduct affected the outcome, including two workers wearing costumes during a lunch break on election day and the participation of three former workers who had been allowed to vote after allegedly being fired for pro-union activity. The NLRB said those actions did not “taint” the union vote, and the NLRB confirmed on Monday, Oct. 19, that the union had been certified, Spectrum reported.

The organizing effort involved 99 employees at two Wisconsin locations, West Allis and Madison, Behavioral Health Business reported in February. According to the union’s press release quoted there, staff at the West Allis facility began organizing after the company recategorized clinician roles from salaried to hourly positions.

What the union and the company say

Vanessa Coe, president of the National Union of Healthcare Workers, said in a statement: “This complaint should send a clear message to Rogers executives that they can’t get away with violating the rights of caregivers.” Coe also told Spectrum that Rogers executives “have illegally retaliated against” workers and “spent hundreds of thousands of patient care dollars on union-busting lawyers” while “clinics remain severely understaffed.” The union says the NLRB generally issues complaints only when it has found clear evidence of labor law violations.

Rogers said in a statement to WPR: “Rogers is aware of the ongoing NLRB process involving a small group of providers in Wisconsin, including the recent complaint, and we are working through that thoughtfully and in good faith through the appropriate channels.” The statement added: “Because this is an active legal matter, we are unable to comment further on specific allegations or pending proceedings.”

After the NLRB certified the union, a Rogers statement to Spectrum said the company is “committed to its employees, patients, and the communities it serves” and has provided behavioral health care for more than 100 years. In February, a Rogers spokesperson told Behavioral Health Business: “We believe we have acted in compliance with applicable law.”

What happens next

The administrative law judge will hear the case in December. The NLRB complaint does not itself resolve the question of whether the firings violated the law.