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By Jacob Schles
FENWAY — Following several charges of unfair labor practices filed November 7, Fenway Health Center is under investigation by the National Labor Relations Board (NLRB) for suppressing union action and bypassing the union, according to documents obtained from the NLRB. The center, which has been a leading force in LGBTQ healthcare and research for over 50 years, has faced several unfair labor practice charges since workers voted to form a union as a part of Service Employees International Union 1199 in October of last year.
Under Investigation
The latest charges explicitly mention six violations of the National Labor Relations Act, including a refusal to bargain, making coercive statements, and retaliation. Management’s use and alleged mishandling of disciplinary meetings, coaching sessions, and investigatory interviews marked a pattern of targeting employees engaged in union activity.
Management threatened disciplinary action towards those engaged in union activities, often requiring months-long coaching sessions. One worker’s allegations claimed that simply raising concerns with meal break policy and describing corrective action led her to be “subject to discipline,” according to the charges.
The charges also describe a consistent pattern of failure to give notice and opportunities to bargain regarding disciplinary action. This led to workers being denied Weingarten rights, the right to have a union representative present at investigatory interviews.
Fenway Health Center declined a request for comment.
Not the First Time
Shortly after the union’s formation in October 2023, two employees filed separate charges of unfair labor practices regarding discipline. One instance mirrored the current alleged failure to give the union an opportunity to bargain.
“They take me into a room, tell me I’m making threats, and fire me,” said Sabel Flynn, a former nurse at Fenway Health in the Trans Youth Health program and active organizer during the union’s formation.
Shortly after the vote to organize, Flynn said he made “emboldened” pro-union posts that management saw, prompting him to post again on Halloween asking who shared the posts with higher ups. Flynn said that by ending the post with “I will find you,” donned in Halloween makeup, management saw grounds for termination.
According to Flynn, higher ups like Chief People Officer Shari Stier were in the room where Flynn was unexpectedly fired, and did not allow him to say goodbye to his patients. The union was able to assist Flynn in getting onto unemployment benefits post firing.
Raine Hellmann, a former per diem nurse who also worked in the Trans Youth Health program and part of the union organization committee, also alleged termination on the basis of union activity. “They cut my hours completely,” he said. Hellmann left Fenway Health after being passed up for a full time position. Despite previously working nearly full time as a per diem nurse for two years, he was denied hours amid an understaffing issue.
Understaffed, Overworked
Hellmann and Flynn both described a pattern of understaffing and overworking at Fenway Health. To combat complaints, the center sent an email to staff saying there was no hiring freeze in August of 2023. However, during a period of several months with no new hires, Fenway Health told individual staff members that there was in fact a hiring freeze, according to Fenway Rebel Nurse, a now out of use outlet for Fenway Health’s union news.
“Management is not on the floor, not actually helping,” said Hellmann. Flynn also said blame was placed on the workers during periods of understaffing. “They turned it around on the workers saying ‘you’re not working hard enough,’ or ‘you’re not being a team player enough,” he said. “Why aren’t we getting the staffing we need?”
Flynn also said that management was overly punitive, in line with the disciplinary violations alleged by recent unfair labor practice charges, saying that reporting small errors was threatened with termination. “When the response to errors is punishment and disciplinary hearings, that de-incentivizes nurses to report medication errors,” he said. “And then they happen, and nobody says anything.”
The current charges are being investigated by an NLRB field attorney. Past charges, like Flynn and Hellmann’s, are stuck in “NLRB limbo” according to Flynn. All cases are being represented by Ian Russell, who has previously represented many unions and union members.
Jacob Schles is a student at Emerson College and writer for Working Mass.
Featured image by Kaboompics.
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