Last October, LEO Weekly first reported on psychiatric hospital Our Lady of Peace’s firing of mental health associate Amy Doyle for trying to organize her co-workers into a union, or as OLOP called it, “harassment.”
AFSCME represented Doyle when she brought her case before the National Labor Relations Board, saying that Jewish Hospital (which owns OLOP) had violated federal labor laws that have been in place since 1935 that allow workers to organize.
The case was tried in Louisville back in January, and the judge ruled on Monday. And the big winner is…. Amy Doyle.
Judge Arthur J. Amchan ruled against Jewish Hospital, saying Doyle’s union activity was not “harassment,” but protected activity under the law. Additionally, they ruled that Our Lady of Peace was “coersively interrogating” co-workers in order to dig up dirt on Doyle to terminate her, giving these employees “the impression that (their) union activities were under surveillance by management.”
And what justice did the judge serve out to Jewish Hospital? First, they must offer Doyle reinstatement and give her back pay and benefits. Secondly, they are ordered to cease from discriminating against employees for supporting a union, interrogating an employee about union support or activity, or giving employees the impression that their union activities are under surveillance.
In addition, Jewish Hospital and OLOP will have to distribute and post the following for all employees to see:
The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this Notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities
WE WILL NOT discharge or otherwise discriminate against any of you for discussing or advocating support for AFSCME Council 62, American Federation of State, County and Municipal Employees, or any other union.
WE WILL NOT coercively question you about your union support or activities or the protected activities of other employees.
WE WILL NOT give the impression that employees’ union or other protected activities are under surveillance by management.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act.
WE WILL, within 14 days from the date of this Order, offer Amanda Doyle full reinstatement to her former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to her seniority or any other rights or privileges previously enjoyed.
WE WILL make Amanda Doyle whole for any loss of earnings and other benefits resulting from her discharge and other discrimination, less any net interim earnings, plus interest compounded daily.
And one more thing: The OLOP management that fired Doyle has to read that out loud to all of their employees at a group meeting.
I’m guessing the newly employed Doyle will bring popcorn.
*** UPDATE ***
Here’s the comment that Doyle just gave us on the ruling:
“I feel relieved that it is finally over. I hope this helps other people realize their rights to unionize. We can’t let these companies bully us anymore and we need to to stand up for what we believe in and for our rights.”
*** UPDATE #2 ***
Here is Jewish Hospital’s response, via spokesperson Barbara Mackovic:
“Today we received a Decision issued by Arthur Amchan, Administrative Law Judge in a matter involving Our Lady of Peace. We have forwarded the Decision to our legal counsel for review.”
LEO contacted Our Lady of Peace CEO Jennifer Nolan, but she is currently out of town and unavailable for comment.