A spokesperson from Bert Nash Community Mental Health Center confirmed Wednesday that executives have not voluntarily recognized the union employees have begun organizing.
Bert Nash office and clerical staff members on Oct. 15 announced their intent to form a union, Community Mental Health Workers United, with the support of International Brotherhood of Electrical Workers Local 304.
Jason Ianacone, business manager for IBEW Local 304, provided a copy of an email showing he reached out to Bert Nash CEO Patrick Schmitz several hours after the Oct. 15 announcement. Eight days later, Ianacone said he still hadn’t received a response. After a reporter reached out to Bert Nash on Wednesday afternoon with questions, spokesperson Jeff Burkhead responded by email that the agency could find no record of Ianacone’s email.
“Likewise, our organization has not received a request for recognition from the IBEW or any union. As of today, we do not have a request for recognition or any form of request to consider,” Burkhead said via email.
We provided a copy to Burkhead late Wednesday afternoon.
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Ianacone said in the Oct. 15 email to Schmitz he “would much rather you and I sit down and be able to show the community that the workers and the company were able to work out the issues. That the IBEW and Bert Nash signed a mutually agreeable contract for wages and working conditions.”
According to the U.S. Department of Labor’s website, Worker.gov, federal law provides employees two ways to form a union: through voluntary recognition or via a National Labor Relations Board election. If an employer refuses to recognize the union, employees can strike for recognition or file a petition to conduct an NLRB election. If the union wins 50% of the vote, plus one, the “employer must bargain in good faith over working conditions,” the website reads.
Meanwhile, multiple sources have said Bert Nash executives are in consultation with attorneys from the Kansas City law firm Spencer Fane.
Burkhead did not answer whether Bert Nash had retained legal services from the firm.
“As to your questions regarding retention of legal counsel, the Bert Nash Center has a strong history of seeking outside expertise on matters that are new to the organization, be they programmatic, service, financial or legal,” Burkhead wrote. “We work with outside counsel to better understand our employees’ legal rights and our rights and obligations as an employer, and to ensure that our organization, its workforce, and the community we serve is best positioned to effectively address new issues and opportunities.”
Bert Nash employees have cited high turnover and caseloads, rampant burnout, and the desire for a guaranteed seat at the table as their motivations to unionize. In their Oct. 15 announcement, employees said they wanted expanded teams with more providers and training opportunities and to negotiate working conditions with “regular raises, manageable caseloads, workplace safety, and a real avenue for change.”
Burkhead said Bert Nash is proud of its workforce and its service to the community.
“We believe in the rights given to workers under the NLRA (National Labor Relations Act), which includes the rights of workers to be fully informed about their legal rights and protections under existing labor law,” Burkhead wrote. “These include the right to establish a union of their own choosing or to choose not to unionize. The Bert Nash Center respects our team members and their right to decide for themselves what is in their best interest.”
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Tricia Masenthin (she/her), equity reporter, can be reached at tmasenthin (at) lawrencekstimes (dot) com. Read more of her work for the Times here. Check out her staff bio here.
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