National Labor Relations Board files complaint against Howard Brown Health

The National Labor Relations Board has issued a formal complaint against Howard Brown Health alleging the LGBTQ health care center bargained in bad faith with a union representing its workers amid layoffs early last year.

In July the regional office of the NLRB found merit in accusations made against Howard Brown by union members alleging the organization bargained in bad faith, saying it refused to bargain on the layoffs, failed to provide information to the union and created the impression of surveillance during the process.

The NLRB complaint issued Friday reiterates those allegations. It was signed by regional director Angie Cowan Hamada and stated that a hearing on the charges was scheduled for Oct. 21 before an administrative law judge.

The board has been seeking a settlement between the union, an affiliate of the Illinois Nurses Association, and Howard Brown Health since finding merit in the accusations in July.

The two sides have yet to come to an agreement on remedies for affected employees, prompting the complaint and hearing, which can be avoided if the two parties reach a settlement before the scheduled date.

“We were surprised by the NLRB’s decision to move forward in their process to schedule an evidentiary hearing for October and will continue to work towards reaching a mutually agreeable settlement before then,” a spokesperson for Howard Brown said in a statement.

Howard Brown Health has said the layoffs, which eliminated 61 union positions in January 2023, were needed to bridge an estimated $12 million budget gap attributed to changes in drug legislation and the end of some COVID-19 assistance programs.

The Illinois Nurses Association claims Howard Brown has refused to accept a settlement proposal and is delaying having to pay compensation to laid off workers.

“HBH’s decision makers are doing a great disservice to its workers and the communities it serves by continuing to spend the organization’s money and time fighting a legal battle they have in essence already lost,” Julia Bartmes, executive director of the INA, said in a statement.

Employees who were laid off, like Jada Ambrose, said they faced many hardships after losing their jobs.

“Due to their decision to lay me off after 15 years of service, I am still behind on rent, my car was almost repossessed, I can’t afford my daughter’s day care,” Ambrose said in a statement. “Now HBH is continuing to mistreat me and other laid off workers by not giving us the back pay we deserve.”

But the Howard Brown spokesperson said the organization hasn’t rejected a settlement proposal and has followed NLRB guidance on the matter in recent months

In August, Howard Brown followed recommendations outlined in a proposed settlement from the NLRB and offered to reinstate all of the laid off workers. Those who accepted were reinstated.

Howard Brown is currently in ongoing discussions with the union and NLRB to review proposed back pay for laid-off employees, the spokesperson said.

“Especially given the agency’s ongoing revenue shortfall, it is Howard Brown’s fiduciary responsibility to ensure that proper documentation is provided for any costs regarding wages, bonuses, interest or other expenses that Howard Brown is being asked to reimburse,” the spokesperson said. “We must ensure that we can continue to provide critical care to our patients and maintain the sound financial footing of Howard Brown.”