National Labor Relations Board claims RadNet skirted order to rehire laid off union worker
Imaging industry giant RadNet Inc. allegedly skirted an agreement to rehire an improperly laid off worker, according to a ruling issued by the National Labor Relations Board on May 10.
The case dates to 2018 when radiologic technologists at affiliated San Fernando Valley Advanced Imaging voted to unionize. RadNet allegedly later laid off tech Veronica Atwater in January 2019 without providing notice to the National Union of Healthcare Workers, nor giving them an opportunity to bargain over the decision.
Later that year, the NUHW and Atwater filed a complaint alleging unfair labor practices. In October, an administrative law judge ruled that the National Labor Relations Board should decide the matter, with its judgment coming last week.
“Having found that [RadNet] has engaged in certain unfair labor practices, I find that it must be ordered to cease and desist and to take certain affirmative action designed to effectuate the policies of the [National Labor Relations] Act, including posting a notice in the form appended to this decision,” the ruling states.
The board is ordering RadNet to cease and desist from “failing and refusing to recognize and bargain collectively” with the union. Among other things, it also wants the Los Angeles-based company to reinstate Atwater to her former job, make her “whole” for any lost wages and benefits, and remove from all files any reference to her discharge.
RadNet issued a statement on Tuesday, noting that it plans to dispute the decision:
“Several years ago, a union that no longer represents any of RadNet’s employees alleged that the company violated the National Labor Relations Act on account of laying off Ms. Atwater. Notably, the union did not allege that the company acted with any improper motive, but rather, alleged the company laid off Ms. Atwater without going through the necessary bargaining process with the union. The company disagreed with the union’s contention but agreed to settle the dispute.
“As part of the settlement, RadNet agreed to offer Ms. Atwater reinstatement to her old position or a substantially equivalent position. However, following the execution of the settlement agreement, Ms. Atwater’s position ceased to be used in the company’s operations. Similarly, there was no substantially equivalent position for RadNet to offer to Ms. Atwater.
“RadNet believes the decision that was issued last week by the NLRB is incorrect because of the fact the dispute was settled. In fact, RadNet entered into a settlement agreement with the NLRB where the agency promised to afford the company an opportunity to present evidence to prove that there was no violation of the settlement agreement. Accordingly, RadNet intends to pursue an appropriate challenge to the NLRB’s decision in the federal court system.”
Law360 first reported news of the NLRB ruling Monday. You can find the decision and other related documents on the board’s website here.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.