Laurelhurst Village Nursing Home of Portland has agreed to settle federal unfair labor practice charges filed by SEIU Local 503 on behalf of Laurelhurst workers including Elizabeth Lehr, its former "employee of the month" who was fired after she campaigned for a union.
Under terms of a settlement approved by an Administrative Law Judge of the National Labor Relations Board, Laurelhurst Village agreed to post a formal, government-approved notice promising not to unlawfully interfere with the ongoing union campaign and affirming the rights of employees to unionize without fear of reprisals. The settlement also includes a financial payment to Lehr and other mutual agreements among Laurelhurst, the Union and Lehr.
Lehr has agreed to waive her right to her job back along with other rights and privileges. But in a letter to employees, the former Laurelhurst receptionist promised to continue to campaign for a union in the name of improving working conditions and resident care.
"For the past two years, you, my co-workers, have inspired me so much," Lehr said in a letter to Laurelhurst workers. "I have seen all of you, from every department, work so hard and so well, for no other reason than how much you care about the residents and each other. I promise that I will do everything I can to help you achieve a workplace where your voice is heard and respected and you are appreciated and compensated for all that you do. I am also dedicated to making Laurelhurst the best place to live for the residents I miss so much. Your struggle is my struggle, and I hope you will continue to work to make Laurelhurst a better place."
A complaint signed May 29 by NLRB Region 19 Director Richard L. Ahearn in Seattle following an investigation that included sworn testimony from employees and information supplied by management, detailed 11 separate allegations against the facility, which is owned by Portland-based Farmington Centers, Inc. It alleged that the flurry of unlawful activity in late March and early April, culminating in Lehr's improper termination, was designed to thwart the union.
The notice posted by Laurelhurst Village promises that managers would not interrogate employees about union activity, would not prevent employees from coming to the facility on their off hours to promote unionization and would not threaten to call police to have employees arrested who do so. Laurelhurst also promised it will not restrain, coerce, discipline or discharge workers for engaging in Union activities and agreed it will remove all counseling and discipline records from Lehr's file and that of another employee, Andrea Glaser.
The union drive is continuing, buoyed by local support. In May, well over 100 area residents gathered at a church in Southeast Portland to hear experts in nursing care and labor discuss the situation at Laurelhurst Village and listen to employees and former residents recount experiences there.
"I want to express the heartfelt appreciation of all Laurelhurst Village employees and residents to this community for all it has done," said Guillermo Galarreta, a Local 503 organizer. "This day would not have come without their support. Now we have to keep the pressure on until employees gain a voice toward improving their own working conditions as well as the quality of resident care they are able to provide."
Laurelhurst is owned by Farmington Centers, headquartered in Southwest Portland, which manages two nursing facilities, 13 assisted living facilities, seven memory-care facilities and eight independent residential living facilities in Oregon, Idaho, and Washington. Its latest Medicare inspection rating was one star out of a possible five, well below average. Farmington Centers nursing homes reported a profit of $2.9 million from 2006 to 2008.
Inspectors identified rampant violations including six incidents of resident harm, including one incident of abuse, at Laurelhurst from 2006 to 2008 and documented 40 violations of state and federal rules and regulations at Farmington Centers nursing homes from 2007 to 2008 including fecal impaction, pressure sores, significant weight loss, inadequate care after falls, medication errors, and failure to follow physician orders.