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Healthcare employee fights union interference in decertification election

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Alyssa K. Hazelwood | Staff Attorney (2016-Present) | NRTWLD&EF, Inc

Laura Gallo, a Senior Patient Representative at Sun River Health in Long Island, New York, has taken significant steps to challenge the United Healthcare Workers East union's attempt to prevent her and her coworkers from holding a vote to decertify the union. After submitting a petition for union decertification to the National Labor Relations Board (NLRB) in August, Gallo encountered an unexpected hurdle when her petition was dismissed by an NLRB Regional Director without an opportunity for correction.

Gallo’s efforts have gained support from the National Right to Work Legal Defense Foundation, which is providing her with free legal assistance. The foundation's attorneys filed a brief contesting the dismissal of the petition by NLRB Region 29, suggesting that it may have been influenced by secretive communications between the region and union officials. Following this intervention, NLRB Region 29 agreed to reconsider Gallo’s petition.

In New York, where Right to Work protections do not apply to private sector employees, workers can be compelled to pay union dues or fees as part of their employment contracts. A successful decertification vote would remove these obligations and end the union's monopoly bargaining power over all employees in a workplace.

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Gallo’s legal team argued that "NLRB Region 29 'cannot unilaterally dismiss' Gallo’s petition" as it would undermine workers' rights under federal labor law. The brief also claimed that 1199SEIU officials secretly submitted documents in violation of notice requirements during the review process.

The issue extends beyond Long Island; healthcare workers at Clara Maass Medical Center in Belleville Township, New Jersey are similarly attempting to decertify 1199SEIU but face obstacles due to allegations against hospital management—allegations that have halted voting under new rules by the Biden-Harris NLRB administration.

Mark Mix, President of the National Right to Work Foundation, criticized 1199SEIU officials for prioritizing control over worker representation desires. He stated: “Officials of 1199SEIU clearly value power far above the will and rights of the workers they claim to ‘represent.’”

Mix urged other healthcare workers facing similar challenges with unwanted unions to seek free legal assistance from his organization.

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