Chamberlain’s Children Center plans to reinstate a worker who
was allegedly fired for trying to form a union at the mental health
facility.
Chamberlain’s Children Center plans to reinstate a worker who was allegedly fired for trying to form a union at the mental health facility.
The order is part of a settlement agreement reached between Chamberlain’s, the National Labor Relations Board and the Service Employees International Union Local 817.
The settlement, which prevents Chamberlain’s from being sued in civil court or from being levied fines and fees for allegedly violating state and federal labor laws, requires the mental health facility to return Ismael Duenas to work and reimburse him about $3,600 in back pay.
Officials with Chamberlain’s said they were not forced into reinstating Duenas.
“It was a settlement, there were no findings of violations by the National Labor Relations Board,” said Doreen Crumrine, community services program director and administrative support center director.
She said reinstating Duenas had nothing to do with any alleged violations or enforcement actions by the NLRB.
“It was just a good business decision,” Crumrine said.
Union officials said Crumrine’s stance is a little misleading.
“There were no violations made by the NLRB because Chamberlain’s agreed to the settlement,” SEIU Organizing Director Sergio Sanchez said.
NLRB Agent Michael Shanks concluded, after an investigation, that officials at Chamberlain’s interfered with Duenas’ right to unionize, according to a written statement.
“I’m very pleased with the NLRB’s decision to overturn my termination,” Duenas said. “My only crime was to exercise my rights as a worker to organize and form a union.”
Duenas was reportedly fired simply for talking to other employees about creating a union.
“They said that I was harassing other employees because I was calling them at home, after work hours, to talk about a union,” Duenas said.
Crumrine said the allegations that officials at Chamberlain’s violated any laws or the rights of workers is not true.
“I have no knowledge of any violations of any kind at Chamberlain’s,” Crumrine said. “We have five licenses that allow us to provide the care we do and they are all in good standing.”
SEIU filed charges with the NLRB on behalf of Duenas and his fellow employee, Gia Soares, who were allegedly fired in part for speaking out about conditions at the facility.
The charges stem from allegations that officials with the center intimidated and eventually fired two employees for complaining about what they saw as dangerous and substandard conditions, and for talking to other employees about forming a union.
“This is a great victory not only for myself but for all the workers who have felt that their voices have gone unheard,” Duenas said.
Despite the disagreement between Chamberlain’s, Duenas and Soares, Crumrine said the children’s mental health facility provides a much-needed service.
“We are a good agency and we have been in this community for a long time,” Crumrine said. “We provide a valued service to this community and we always have.”
