Trinity Health Grand Haven (Mich.) Hospital, part of Livonia, Mich.-based Trinity Health, has withdrawn recognition of SEIU Healthcare Michigan as the bargaining agent of about 200 employees.
In a news release about the decision, the hospital cited a petition it received Sept. 28 that it says indicated that the SEIU has lost majority support of the colleagues it has represented since November. The petition followed a decertification election that took place Sept. 18-19.
The hospital said it received the petition before the counting of the ballots Sept. 29.
"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," the release reads.
Trinity Health Grand Haven cited federal labor law allowing an employer to withdraw its authority to bargain with a union when there is objective evidence that the majority of the union members wish to leave the union.
The National Labor Relations Board website states that an employer may "withdraw recognition from a union that has actually lost majority support if the union's presumption of majority status is rebuttable."
"The majority of colleagues have told us they don't want this union," Shelleye Yaklin, president of Trinity Health Grand Haven, said in the release. "We are happy to honor their wishes and are proceeding under federal law with direct partnership. We have notified the SEIU that we have withdrawn recognition of the union and are terminating further bargaining."
After withdrawing recognition of the union, Trinity Health Grand Haven implemented across-the-board wage increases for workers, including those formerly represented by the SEIU, according to the hospital. The increases took effect Oct. 1.
Meanwhile, the union contends that it is illegal for the hospital to withdraw recognition from the date of the decertification election forward for one year. SEIU said in a statement online that Trinity Health Grand Haven is obligated to return to the negotiations and bargain in good faith.
"We remain committed to returning to the negotiating table to win a contract that respects all front-line workers, wins fair raises every year for every worker, and prioritizes safe staffing," Ricky Kauffman, lead radiology tech at the hospital, said in the union's statement. "We are prepared to return to negotiations as soon as possible, but if Trinity continues to violate the federal law, we will pursue every legal avenue available to hold them accountable."
SEIU has filed various complaints with the National Labor Relations Board.