National labor board petitions to reinstate union at Trinity hospital

The National Labor Relations Board has asked a federal court to force Trinity Health Grand Haven (Mich.) Hospital, part of Livonia, Mich.-based Trinity Health, to recognize SEIU Healthcare Michigan as the bargaining agent of about 200 employees and to resume negotiations.

The NLRB filed for the preliminary injunction April 30, months after the hospital withdrew recognition of the union in September 2023. In the filing accessed by Becker's, the federal agency argues that the court should grant injunctive relief pending the final disposition of broader allegations by the NLRB that Trinity Health Grand Haven has engaged in, and is engaging in, acts and conduct in violation of federal labor law. Specifically, the NLRB seeks to stop the hospital from "interfering with, restraining and coercing employees in the exercise of the rights guaranteed" under the law while the broader case is ongoing.

SEIU Healthcare Michigan issued a news release about the petition for a preliminary injunction, emphasizing its position that hospital workers were denied their union rights after the hospital illegally ceased union recognition while disregarding a certified federal union election. 

"This is an uplifting victory for Grand Haven Hospital workers and an unequivocal declaration that the law is firmly on our side when it comes to our union rights. Trinity needs to stop playing games with corporate lawyers, cheating hard-working Americans out of their rights, and instead go back to the bargaining table,"  Ricky Kauffman, lead radiographer at Trinity Grand Haven, said in the release.

Trinity Health Michigan shared the following statement with Becker's: "Trinity Health Michigan has done our best to act in accordance with what we think our obligations are to the employees, under the law, and we're prepared to take this with the Federal Labor Relations Board if that is what the NLRB chooses to do. We believe the NLRB is improperly trying to change the law after the fact and that we are willing to go, not only to the full NLRB, but to the courts to defend our actions and our colleagues' actions."

Workers at Trinity Health Grand Haven initially voted to join SEIU Healthcare Michigan in fall 2022. The hospital withdrew the union's recognition last fall, citing a petition it received Sept. 28 that it says indicated the union lost majority support of its members. The petition followed a decertification election that took place Sept. 18-19. According to Michigan Public, the vote showed a majority of workers support SEIU Healthcare Michigan. In December, the NLRB upheld a regional director's decision certifying the union as the exclusive collective-bargaining representative of the hospital workers. 

"Although the results of the election were in favor of the union, the notice to the SEIU of the withdrawal of recognition was delivered 10 days after the election and prior to the ballot count, thereby taking precedence over the outcome of the election," a previous news release from the hospital said.

Throughout the ongoing dispute, the NLRB has favored the union's position and contends the hospital violated labor law by refusing to bargain in good faith. Trinity Health Grand Haven has consistently stood by what it says is its right to withdraw union recognition.

"Our basic position is that we are doing what our colleagues, our employees, want us to do," Doug Seaton, Trinity's lead labor relations consultant, told Michigan Public. "They have submitted a letter to us saying in a majority that they don't wish to be represented by the SEIU."

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