Update: In a July 29 newsletter email to the community, Howard Brown CEO and President David Munar said in response to the NLRB determination that the organization would begin a reinstatement process for laid-off employees.
Munar said, "We are working every day to have a positive and productive working relationship with the union and make swift progress towards a first contract. For that reason, we want to resolve this situation as quickly as possible to demonstrate our commitment to good faith bargaining.
"Although we have not yet received a detailed report from the NLRB, we do not want to further strain our relationship with the union and our staff by delaying our response to these findings. As such, yesterday morning in negotiations with the Illinois Nurses Association (INA) and Howard Brown Health Workers United (HBHWU), I told the bargaining committee that Howard Brown will offer reinstatement to laid off union-represented workers, begin conversations on timeline, and craft plans for reinstatement as we wait to receive the NLRB's settlement agreement."
The National Labor Relations Board Region 13 has ruled that Howard Brown Health (HBH) leadership wrongfully laid off 60 of its employees at the beginning of this calendar year. Those layoffs led to a three day strike by the over 400 non-nurse employees at HBH, a Federally Qualified Health Center (FQHC) and the Midwest's largest LGBTQ+-affirming healthcare provider.
This determination of merit follows 16 complaints the Illinois Nurses Association (INA) filed against HBH on behalf of the laid-off employees. INA represents almost all HBH non-nurse employees under the recently formed the HBH Workers United banner. The determination affects eight of the complaints that were filed, with the rest still under investigation.
The layoffs occurred just two months after the union and HBH management began negotiating a first-ever contract. HBH leadership argued the layoffs were necessary to address the organization's $12 million shortfalls due to the loss of federal COVID-19 relief funding and changes in the federal 340B pharmacy program. HBH Workers United raised questions about this $12 million shortfall in light of an HBH financial statement 990 tax filing form ending in June 2021 which stated that the organization had a $30 million surplus.
NLRB Office of Congressional and Public Affairs Director and Press Secretary Kayla Blado told Windy City Times in an email statement that "the Regional Director of Region 13-Chicago found merit or partial merit to allegations in eight unfair labor practice charges against Howard Brown Health. The Regional office will now seek settlement between the parties. If the parties don't settle, the Regional Director will issue a complaint, which will result in a hearing with an NLRB Administrative Law Judge, who can order make-whole remedies."
In an email statement to Windy City Times, HBH Communications and Marketing Associate Director Wren O'Kelley said, "We are deeply surprised and disappointed at the NLRB's preliminary finding. We believe Howard Brown has continually worked and negotiated in good faith with the union and all employees, and our goal has always been to maintain a positive and productive working relationship with the union as we continue our mission-driven work.
"When we receive the formal write-up of this finding and any associated settlement offers, we will review the options available and pursue the best course of action that will allow us to continue to provide vital care to our patients and secure the financial footing of Howard Brown. We want to resolve this situation as quickly as possible and move forward with a positive relationship with our employees and the union so that we can continue to serve our communities for decades to come."
In an email statement to Windy City Times, INA Organizer and former HBH Event Planner Julian Modugno said, "I don't think anybody involved on the union side of negotiations is surprised by this determination. The entire time we were bargaining over these layoffs, Howard Brown seemed like they were delaying information or giving us incomplete data. They were very eager to push this through as quickly as possible. As someone who was laid off as part of this process, this determination from Region 13 is vindicating. It's a huge relief to know that the law is on our side and I know that many others who were laid off are hopeful that justice will be served."
See windycitytimes.com/lgbt/Howard-Brown-strike-reaches-third-day/74524.html .
