UPDATED: 1199SEIU-UHWE Accused Of Unfair Labor Practices By Unionizing Staffers
1199SEIU-UHWE union staffers attempting to unionize accuse union management of illegally threatening loss of benefits and polling workers.
By Peter List, Editor | April 30, 2024
Non-union employees of 1199SEIU-United Healthcare Workers East who are attempting to unionize have filed unfair labor practices accusing union management of threatening the loss of benefits, as well as polling employees about their union sentiments—a form of interrogation, which is unlawful.
Despite a refusal to voluntarily recognize its employees’ union, union management had reportedly pledged to stay neutral during the union staffers’ campaign.
However, that does not appear to be the case.
According to the charge filed with the NLRB:
“Since on or about April 17, 2024 and continuing to date, 1199 SEIU has repeatedly violated employees' rights under the Act by unlawfully polling and interrogating employees regarding their union activities and the Washington-Baltimore News Guild's ("Guild") election campaign, and has threatened employees with reprisals and loss of benefits if they select the Guild as their bargaining representative.” [Emphasis added.]
“Although 1199SEIU-UHWE Management has claimed neutrality, they are not remaining neutral,” the group stated via email.
In addition, the group stated that other union employees who are not part of the voting unit are distributing anti-union literature.
“Current and former employees of 1199SEIU-UHWE who are not in our 1199SEIU-UHWE In House Staff bargaining unit have distributed anti-union literature in our offices during work time,” they stated.
“Additionally,” the group stated, “in an effort to keep our coworkers safe, we filed an Unfair Labor Practice charge against our employer, 1199SEIU-UHWE, based on threats about loss of benefits and polling of employees' union support.”
Threats of losing benefits and the polling of employees about union support are considered unlawful conduct and, if the union staffers lose the election may be grounds for objections.
Under the NLRB’s new Cemex doctrine, if an employer violates the law as union management is allegedly doing, the NLRB may issue a bargaining order, requiring the union to negotiate with its unionized employees, regardless of the vote outcome.
“As we organize, we will ensure that 1199SEIU-UHWE Management lives up to our union values—and respect the law,” the group stated. “When we win our voice, we will strengthen our rights in our first contract.”
Update: A copy of the actual unfair labor practice charge was received following the posting of this article, and the text has been changed to reflect receipt of the charge.
Related: Is Union Management Staying Neutral As 1199SEIU UHWE Union Staffers Unionize?
