Apr 29, 2006 By Christine Haines 3 min read

The National Labor Relations Board has filed charges against Brownsville General Hospital Inc., also known as Tara Hospital at Brownsville, for unfair labor practices alleged by both unions that represented employees at the now-closed hospital. A hearing has been set for June 26 before an administrative law judge at the NLRB’s regional office in Pittsburgh.

Gerald Kobell, NLRB regional director, filed the charges following complaints submitted by both the Office and Professional Employees International Union (OPEIU) Local 471 and the Brownsville Nurses Association (BNA), Healthcare PSEA.

“At this point, we’re happy to know that what he alleged to be true … has enough validity for an independent board to bring charges,” said Gil Gall, a union representative.

Lynn White, the local OPEIU president, agreed.

“They’re true, so that’s why they’re upholding them. They must feel we have something if they’re taking it before the board,” White said.

The NLRB is divided into two branches. One branch investigates charges brought by unions or employers, the other adjudicates matters that cannot be settled through negotiations. The investigative branch is stating that the unions have grounds for their complaints against the hospital.

The BNA alleged that on both Nov. 27, 2005, and Jan. 6, 2006, employees were threatened that the hospital would close if they did not accept a concessionary contract. The nurses’ union also alleged that daily employees were told in December that they would receive $27 an hour, an amount in excess of the contract agreement, and that they did not have to join the union. In addition, the suit alleges, a union officer, Catherine Valgora, was suspended and then fired in an attempt to discourage employees from participating in union activities.

The BNA also alleges that the hospital failed to bargain in good faith on a reopener between April 25, 2005, and Dec. 22, 2005, by failing to present any contract proposals. The BNA contract runs through Sunday.

The OPEIU has a contract with the hospital through June 30, 2009, representing all employees at the hospital except for the registered nurses, doctors and administrative personnel.

Both unions allege that the hospital has failed to bargain in good faith for severance benefits or to provide requested information regarding the closing of the hospital in January.

Kobell said the NRLB is not trying to force the hospital to reopen, but it is seeking to have the existing contracts honored until the hospital resumes bargaining in good faith for a closing agreement.

“The remedy is you get back pay until they start to bargain, but not less than two weeks,” Kobell said. “They’re well beyond two weeks right now.”

The hospital voluntarily surrendered its operating license to the state Department of Health in early January, then filed for bankruptcy a few weeks later.

“This hearing goes forward outside the bankruptcy proceedings, though the monetary portion of the settlement may be subject to the bankruptcy proceedings,” Kobell said.

Kobell said he anticipates several sessions between now and June in an attempt to settle the case, but if a settlement is not reached, the hearing before an administrative law judge will take place.