Federal labor officials have ordered union elections next week for behavioral health workers at two Wisconsin facilities operated by Rogers Behavioral Health, following a ruling that also found the company illegally fired three employees earlier this year.
The National Labor Relations Board (NLRB) on Wednesday directed that in-person elections be held next week at Rogers facilities in West Allis and Madison. Workers at both sites will vote on whether to join the National Union of Healthcare Workers (NUHW). About 36 employees in Madison and 63 in West Allis are eligible to participate, according to the ruling.
In the decision, NLRB regional director Jennifer Hadsall determined that three workers fired in February—two nurse practitioners and one physician—must be allowed to vote. The ruling found the employees were not management, as Rogers had argued, and were instead sufficiently integrated with other staff to be included in the bargaining unit.
The decision stems from a dispute that began earlier this year when the workers were dismissed after expressing support for unionization. The union has alleged the firings were retaliatory and intended to discourage organizing efforts, according to a press release from NUHW.
Rogers Behavioral Health is a national nonprofit provider of mental health and addiction services with locations in 10 states.
The organization has previously recognized NUHW representation at several of its facilities in California and Pennsylvania, according to the press release. However, the union claims the company has taken a different approach in Wisconsin, including hiring consultants to oppose organizing efforts.
Rogers had tried to prevent the union elections from taking place by arguing that its 13 locations in Wisconsin amounted to a single bargaining unit.
In a statement to BizTimes, Rogers Behavioral Health said the organization was “disappointed” with the NLRB’s decision to allow separate bargaining units. Rogers said it intends to appeal the decision to the full NLRB board.
“Fragmented operations and third-party representation do not reflect the care we deliver,” the statement said. “Our unified system enables the best treatments for our patients who can move seamlessly between different levels of care, supported by providers who collaborate across locations.”
“A union is not right for Rogers Behavioral Health in Wisconsin because it jeopardizes our ability to work together to solve problems quickly and flexibly — the very approach that makes our care model successful for patients and providers,” the statement continued. “We remain committed to respecting our employees’ rights and providing them with clear, factual information ahead of an NLRB vote.”
Union leaders said the decision was a “sweeping victory” for workers at the two sites.
“It’s time for Rogers to reinstate the three workers it illegally fired, stop wasting money on union busters and their hired guns’ intimidation tactics and start working on improving patient care and better working conditions for behavioral health workers in Wisconsin,” said NUHW president emeritus Sal Rosselli, in the press release.
The union has filed a separate unfair labor practice complaint seeking reinstatement and back pay for the three workers. That case is still pending.
“It was clear from the outset that Rogers fired us to try to stop the union drive in Wisconsin even though it left patients with even fewer caregivers,” said Stephani Lohman, a nurse practitioner, who is one of the fired workers. “I’m going to keep fighting to get my job back and continue to build a union that will give us the voice we need to make sure that our patients get the care they deserve.”
The union campaign at the West Allis facility began late last year after changes to employee classifications and workloads. Workers say those changes led to unpredictable schedules, higher patient loads, and increased strain on staff.