Elizabeth Lehr, a receptionist at Laurelhurst Village nursing home, was fired because she engaged in legally-protected union activity, and to discourage other workers from doing the same. It’s not just the union she wants to join —Service Employees International Union (SEIU) Local 503 — that says so. That was the conclusion of the National Labor Relations Board (NLRB), the federal agency that runs unionization elections and handles complaints of labor law violations.

The NLRB issued a formal complaint May 29 after an investigating agent determined that management at the Southeast Portland facility committed 11 separate violations of U.S. labor law in late March and early April when a campaign to unionize was heating up. A July 14 date has been set for a federal administrative law judge to hear the case.

The NLRB found that Laurelhurst Village changed what had been a lax policy on employees visiting the workplace in off-hours — in response to its employees’ union activities. Once workers started coming in off the clock to talk with co-workers about the union, a “No Access Rule” was announced and enforced, “to discourage its employees from forming, joining or assisting the union,” the NLRB said in its complaint.

The agency found that manager Hannah Austin, director of operations, created an impression among workers that their union activities were under surveillance, and interrogated employees about their union activities. Other managers surveilled pro-union workers, threatened them with reprisals for distributing union literature in non-work areas on non-work time, and gave verbal and written warnings for union activities. In one case, managers even called the police on employees, “to threaten them with arrest for engaging in union … activities.”

And they fired Lehr April 2.

Laurelhurst Village is one of 16 nursing homes owned by Portland-based Farmington Centers, Inc., none of which are union-represented. Local 503 spokesperson Ed Hershey said the union is still hopeful Farmington will switch gears and join a partnership the union has with six other nursing home companies. SEIU joins with the industry during state legislative sessions to advocate for better funding, and in return, companies agree to remain neutral on the question of whether their employees should unionize. That agreement has helped the union grow to where it now represents 26 nursing homes.

But until the company comes around, the union will continue legal and community pressure.

Hershey said the union is asking the NLRB for a 10(j) injunction, a court order reinstating Lehr.

The union is also asking that the NLRB order Farmington to recognize the union and begin bargaining a contract. Such orders, known as Gissel bargaining orders, are rare, but Hershey said the conditions are right at Laurelhurst Village: SEIU can show, with signed authorization cards, that it had majority support before management’s anti-union crackdown. After the crackdown, Hershey said, some workers who were taking a public role felt they couldn’t afford to lose their jobs, and backed off. The union isn’t sure it would win an election if held today — because management lawbreaking poisoned the atmosphere.

Lehr, 23, was profiled in an article in the May 15 issue of Northwest Labor Press. She is still without work, has used up her savings, and has appealed her denial of unemployment insurance benefits. Laurelhurst Village contested her unemployment claim, saying she was fired for cause. A hearing scheduled for June 12 was postponed when an attorney for the nursing home (from Stoel Rives) demanded that the state administrative law judge assigned to the case recuse herself because she is represented by SEIU Local 503.

The judge did so. A new hearing had not be scheduled at press time.

© Oregon Labor Press Publishing Co. Inc.