August 7, 2009:NWLP
8/4/09
10:20 AM
Page 10
Pro-union receptionist fired at nursing home
accepts cash settlement — then gets a tattoo
A Southeast Portland nursing home
settled a series of federal unfair labor
practice charges July 14, and agreed to
back pay for Elizabeth Lehr, a recep-
tionist who was fired after she sup-
ported a union campaign.
Laurelhurst Village, a subsidiary of
the Portland-based Farmington Centers
chain, did not admit it had broken fed-
eral labor law in opposing a campaign
by Service Employees International
Union (SEIU) Local 503. But the nurs-
ing home agreed to post notices in four
languages in employee break rooms
saying it will not do anything that inter-
feres with employees’ right to join a
union.
In the notices, Laurelhurst Village
promises not to interrogate employees
about union activity or restrain, coerce,
discipline or discharge workers for en-
gaging in union activities. And it clari-
fies that employees have the right to
come in during off hours to promote
unionization. The notices, in English,
Spanish, Creole, and Tagalog, were
posted July 28 and will remain up for
two months.
The two sides agreed to settle the
charges just before a federal adminis-
trative law judge had been scheduled to
hear the case. The National Labor Rela-
tions Board (NLRB) earlier investigated
and found Laurelhurst Village had bro-
ken labor law in 11 separate instances,
including its firing of Lehr. Lehr, a 23-
year-old part-timer who at one time was
employee of the month, was fired April
2 — 10 days after publicly supporting a
ELIZABETH LEHR
campaign to join Local 503. Local 503
had been seeking a federal court order
reinstating her.
In the settlement, the company
agreed to $2,646 in back pay for Lehr,
plus an undisclosed amount in ex-
change for her waiving her right to re-
instatement. The dollar amount was
confidential under the terms of the set-
tlement, but Lehr described it as a
meaningful amount, and said she felt
vindicated by it. To celebrate, she had
the phrase “Union Made” tattooed on
her rib cage. Lehr also won her unem-
ployment claim, which was earlier op-
posed by Laurelhurst Village attorneys.
Though Lehr won’t be returning to
Laurelhurst Village, she said she re-
mains committed to the union cam-
paign.
Local 503 organizer Guillermo
Galarreta said the campaign is reassess-
ing its strategy. The union intends to
keep a spotlight on abuses at Laurel-
hurst Village, but as of late July, the
campaign remained at a standstill.
The union campaign was making
swift progress in March and April, be-
fore management's crackdown changed
the dynamic in the workplace. But the
crackdown made workers fearful of tak-
ing action.
“A lot of the damage has been done
by the employer,” Galarreta said.
“We’re trying to rebuild the organizing
committee.”
The NLRB settlement might be ex-
pected to embolden workers, demon-
strating that their activities in support of
unionizing are protected by the law. But
Galarreta suggested Laurelhurst Village
was undermining the effect of that by
fostering misinformation — including
the story that Lehr’s settlement ran to
six figures, and that paying for it means
Laurelhurst Village won’t have money
to pay for other workers’ health insur-
ance. Galarreta said both of those things
were untrue, and said the union is con-
sidering filing a follow-up unfair labor
practice charge.
E
E
FR
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PAGE 10
NORTHWEST LABOR PRESS
AUGUST 7, 2009