The National Labor Relations Board has ruled in favor of workers at Sacred Heart Care Center in Austin who complained about their employer.

Friday, December 01, 2000

The National Labor Relations Board has ruled in favor of workers at Sacred Heart Care Center in Austin who complained about their employer.

The NLRB found sufficient evidence that the employer had violated the law by withholding wage increases to discourage union activity and had illegally threatened a union organizing committee member.

However, Sacred Heart Care Center’s administrator said in a statement that the agreement was a "no-brainer," when considering the legal costs to defend the accusations.

Eddie E. Clopton Jr., NLRB agent, informed Jennifer J. Swanson, organizer and representative for United Food and Commercial Workers Local 789, that Sacred Heart has agreed to a settlement, which involves posting a notice.

The notice assures Sacred Heart Care Center employees federal law gives them the right to form, join or assist in a union, choose representatives to bargain with the employer on the employees’ behalf, act together with other employees for their benefit and protection, and choose not to engage in any of the protected activities.

Specifically, the notice, signed by the employer, promises: "We will not in any manner frustrate your exercise of any of the rights. We will not withhold scheduled wage increases in order to discourage union activities; and we will not threaten employees with termination because of their activities on behalf of the union or any other labor organization."

The notice also lists how employees may contact the NLRB personally if they feel their rights have been violated.

UFCW Local 789 had been retained by Sacred Heart Care Center employees this summer to represent them in contract talks with Sacred Heart Care Center and Swanson was named the organizing agent for the union.

Employees held a vote, but the majority rejected the measure calling for union representation. Hearing testimony of allegations of unfair labor practices to intimidate the employees in supporting union representation, Swanson immediately filed a complaint with the NLRB, naming Rebecca Mathews Halverson, Sacred Heart’s administrator, as the guilty party.

Halverson issued a statement to respond to the NLRB announcement.

"The investigation of this matter consisted of both sides submitting written arguments regarding the changes made by the union," she said. "No one from the NLRB ever spoke with me in person and I was never asked to submit the names of any witnesses who would have contradicted any of the charges.

"However, when the choice is to post a piece of paper within the facility that admits no wrongdoing or to spend thousands of dollars fighting a decision that really doesn’t mean anything, it’s pretty much a ‘no-brainer’ what a fiscally responsible person has to do."