In February, Wisconsin mental health provider, Rogers Behavioral Health, illegally fired three caregivers for simply saying that they and their co-workers were forming a union. This week, the National Labor Relations Board, sided with the union, the National Union of Healthcare Workers, rejecting Rogers’ attempt to prevent a vote and ordering union representation elections at both facilities April 22.

West Allis, Wisc. — In a sweeping victory for workers at two Rogers Behavioral Health facilities in Wisconsin, the National Labor Relations Board (NLRB) on Wednesday rejected the company’s arguments aimed at blocking union representation elections and also ruled that three Rogers workers illegally fired in February are eligible to vote when the elections are held.

In a 29-page ruling, the NLRB’s Regional Director Jennifer A. Hadsall, scheduled in-person elections for Wednesday April 22 at Rogers’ Madison and West Allis locations for workers to choose whether to join the National Union of Healthcare Workers (NUHW), which already represents Rogers employees in California and Pennsylvania. Approximately 36 workers are eligible to vote in Madison and 63 are eligible to vote in West Allis. The locations would have separate bargaining units and negotiate separate contracts.

“This ruling is a victory for workers who have taken a stand for each other and quality care for their patients,” said NUHW President Emeritus Sal Rosselli. “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. Rogers has worked with our union to improve patient care and standards at their facilities in California. It’s time to make similar improvements in their home state and end the double standard.”

Rogers is one of the country’s largest providers of mental health and addiction treatment services. The nonprofit corporation, based in Oconomowoc, has voluntarily recognized the right of its employees at three Rogers’ clinics in California and one in Pennsylvania to be represented by NUHW.

However, in its home state, Rogers has chosen to hire union busters to intimidate mental health therapists, behavioral health technicians and nurses in both West Allis and Madison. As part of that intimidation effort, Rogers illegally fired two nurse practitioners and one physician at the West Allis clinic on February 9 in clear violation of federal labor law.  

Rogers had argued that the three workers were management and fired for union sympathy, but in her ruling Regional Director Hadsall rejected Rogers’ position and found that their “functional integration with the other job classifications” support their inclusion into the bargaining unit at West Allis.

“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.” 

NUHW has filed a separate Unfair Labor Practice complaint seeking to reinstate the fired workers with back pay, which remains ongoing.

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, even though it has bargained separate contracts with NUHW-represented workers in California and is now doing so with workers in Philadelphia. In rejecting this argument, Regional Director Hadsall wrote “the facilities generally operate independently of other Employer facilities, and there is little evidence of regular contact between employees working at different facilities.”

Prominent state elected leaders, joined by union supporters have written Rogers CEO Cynthia Meyer calling on her to reinstate three workers who were fired for union organizing, recognize their union and bargain a fair contract.

The staff at Rogers West Allis clinic began organizing a union late last year several months after the company reclassified its mental health clinicians from salaried to hourly workers. The shift led to many workers being called off their shifts when the patient census dipped, resulting in higher patient volumes for the remaining staff members and less available care for patients. Rogers also lifted caps on caseloads, forcing caregivers to be responsible for far more patients than previously.