Clinic union certified, but Rogers Behavioral declines to say it will start bargaining

A federal official has affirmed the pro-union vote at a West Allis mental health clinic, rejecting challenges to the outcome lodged by Rogers Behavioral Health.

The decision, issued Oct. 15 by National Labor Relations Board regional director Jennifer Hadsall, certifies the National Union of Healthcare Workers as the official representative for employees at the Rogers West Allis clinic.

Hadsall also rejected a series of challenges that Rogers management made in connection with the election, held April 22, when employees voted 53-4 for union representation.

The union was previously certified to represent employees at Rogers’ Madison clinic, where employees voted 26-4 in favor of the union, also on April 22.

Rogers Behavioral Health, based in Oconomowoc, operates a network of mental health hospitals, residential treatment clinics and outpatient clinics in 10 states. Employees at three clinics in California and one in Pennsylvania organized with the National Union of Healthcare Workers starting a few years ago.

In a statement issued Monday, Rogers acknowledged the union had been certified at both Wisconsin locations but declined to respond to questions about the organization’s next steps, including whether it would begin bargaining with the union.

The organization’s statement said Rogers was “unable to comment further on pending legal proceedings related to these certifications.”

A certification order can be appealed to the full National Labor Relations Board in Washington, D.C. Rogers declined to answer directly when asked if the organization’s management was appealing the certification decisions to the board.

The West Allis certification order rejected a series of objections to the election outcome, including claims that three fired employees trespassed on the day of the vote. An administrative law judge upheld the right of the fired employees to vote and found no evidence of trespass, and the new order upheld those findings.

The certification order follows a finding, also issued by Hadsall, a week earlier that Rogers violated federal labor laws before, during and after the election, including by firing six employees involved in the union organizing campaign. A hearing on the NLRB complaint is scheduled for December.