Howard Brown Health’s Workforce

Proposals Exchanged

Howard Brown presented five counter proposals on:

• Pay Status for Labor Management Meetings while a first contract is being negotiated
• Union Leave
• Internal Posting of Postions and Internal Promotion
• Admininstrative Time
• Department Specific Training

The INA presented three counter proposals on:

• Successorship
• Vacation Requests
• Introductory Period

The INA and Howard Brown reached tentative agreements on the Union Bulletin Boards and Internal Posting of Positions and Internal Promotion contract provisions.

Proposals Exchanged

On Friday, Howard Brown emailed a proposal to the INA seeking to convene Labor-Management meetings between the INA’s bargaining committee and Howard Brown management. Labor-Management meetings are paid time for Bargaining Committee members to to discuss workplace concerns with management. They are standarded parts of labor contracts and a provision that Howard Brown and the INA have reached a tentative agreement on. Howard Brown is proposing that we initiate these conversations ahead of a contract being ratified to create space for management to listen to our employees’ designated representative and addressing concerns shared where possible.

On Monday, Howard Brown presented four counter proposals on:

• Attendance
• Training
• No Strike or Lockout (agreeing to INA’s language)
• Miscellaneous (agreeing to INA’s language)

The INA presented counter proposals on:

• Memorandum of Understanding (MOU) on Community and Social Health Re-Organization
• Posting of Positions and Internal Promotion

The INA followed up on their requests for an MOU on Dress Code and a request that the bargaining committee be paid for negotiations. Management is considering these requests.

Howard Brown management and our staff represented by the INA discussed several of the 13 counter proposals Howard Brown made at bargaining last week.

Labor-Management Meeting

David Ernesto Munar and Aaron Lawlor from management engaged in a two hour discussion with the INA to hear their concerns and perspectives. Additional members of leadership and management are being coordinated for future Labor-Management Meetings.

Next Bargaining Date

The next formal bargaining session is Thursday, May 25.

Overview

Howard Brown introduced Sally Scott of Franczek P.C. as the attorney who will participate in collective bargaining and represent Howard Brown on labor relations matters.

Proposals Exchanged

Howard Brown presented 13 counter proposals on:

• Successorship
• Union Rights
• New Hire Orientation
• Bulletin Board
• Internal Posting of Positions
• Job duties
• Introductory Period of Employment
• Attendance
• Handling of Vacation Requests
• Prohibition on Mandatory Overtime
• Bargaining Employee Participation in Howard Brown Committees
• Remote Work
• Union Representation at Disciplinary and Investigatory Meetings

Tentative Agreement

The INA and Howard Brown reached a tentative agreement (attached) on New Hire Orientation.

Next Bargaining Date

The next formal bargaining session is Monday, May 15.

Proposals Exchanged

The union presented their economic proposal covering:

• working conditions
• wages and extraordinary pay
• holidays, vacations, leaves and other benefits
• health and safety
• dues checkoff and union security, and
• miscellaneous sections.

Howard Brown proposed a Memorandum of Understanding (MOU) that would create a working group with equal representation of management and union members to meet regularly between bargaining sessions. This group would share feedback with the goal of improving trust between staff and management.

Next Bargaining Date

The next formal bargaining session is Saturday, May 6.

Proposals Exchanged

The union did not present any proposals. The committee shared that they are working on an economic proposal and will be presenting it in the future.

Howard Brown gave a counter proposal on safety during emergency situations. The union committee members asked questions related to the safety proposal.

Howard Brown and the Union reached tentative agreement on the following:

• Dress Code
• Union Officers
• New Hire Information
• Orientation

Next Bargaining Date

The next formal bargaining session is Thursday, April 20, 2023.

Proposals Exchanged

The union submitted counter proposals on the following:

• Bargaining unit work
• Union officers
• New hire orientation
• Union leave
• New hire information
• Bulletin boards
• Union rights and management rights
• Union representation at meetings
• Non-disparagement agreements
• Remote work
• Onboarding

The union asked questions related to recall rights under the last, best, and final offer related to layoffs that was implemented at impasse. Howard Brown asked for the question in writing and will respond in writing.

Howard Brown gave counters on the following:

• Non-disparagement agreements
• Remote work
• Union representatives at meetings
• Union officers
• New hire orientation
• Union leave
• New hire information
• Bulletin boards
• Union rights and management rights
• Onboarding/orientation

Additional Bargaining Update

On Thursday, March 23, Howard Brown’s bargaining team met virtually and bargained for an hour and a half with a smaller sub-group of the union bargaining committee. Kaitlyn Flynn (Director of Community and Social Health) and Khelan Todd (Director of Community Health and Engagement) attended on behalf of Howard Brown and answered questions regarding the social services restructuring. Howard Brown is working on additional requests for information from the union’s committee.

Next Bargaining Date

The next formal bargaining session is Thursday, April 6, 2023.

Proposals Exchanged

The union submitted proposals on

• Department training
• Committees
• Workers’ advocates at board meetings
• Dress code policy
• Posting of positions

Howard Brown presented proposals on union rights and union representation at investigatory meetings.

Howard Brown’s team listened to and discussed matters related to diversity, equity, and inclusion.

Next Bargaining Date

The next formal bargaining session is Monday, March 27, 2023.

The session was productive and collaborative in spirit.

Requests for Information/Questions

Requests by the union:

The Howard Brown bargaining committee has responded to the overwhelming majority of the total questions and continues to work on the remainder. The union also requested updated information on bargaining unit positions, wages, and committee information

Requests by Howard Brown:

Howard Brown hopes to have full responses to the union’s most recent requests to them no later than tomorrow, March 4, 2023.

Proposals Exchanged

The union submitted proposals on

• Health and safety
• Administrative time
• Remote work
• Onboarding and training
• Non-disparagement agreements

Howard Brown is currently reviewing and assessing the proposals. Howard Brown and staff represented by the union reached tentative agreement on the Recognition clause. The document will be shared in the next bargaining update.

Next Bargaining Date

The next formal bargaining session is Saturday, March 4, 2023.

Requests for Information/Questions

Requests by the union:

The Howard Brown bargaining committee received 63 questions related to layoffs on January 18, 49 questions on January 31 and seven additional verbal questions at the bargaining table on February 2nd about Howard Brown’s January 23 proposal related to the restructuring of Social Services. Howard Brown has responded to the overwhelming majority of the total 119 questions and continues to work on the remainder. I [Stephanie Brinson] have sent the February 6th questions to Julia Bartmes in writing for her confirmation that what I captured accurately reflects the union committee’s questions.

Requests by Howard Brown:

On December 8, 2022, I [Stephanie Brinson] asked for the following information from the union due to ongoing, troubling interactions between Hector Rosa (previous union rep) and Howard Brown Human Resources staff:

1. A copy of the INA’s implicit bias policy and training for its employees and documentation of Rosa’s completion of the training;
2. A copy of the INA’s anti-racism policy and a copy of Rosa’s receipt thereof;
3. A copy of the INA’s sexual harassment prevention policy and training and Rosa’s receipt thereof.

The union failed to respond to this request. Due to public reports related to Margo Gislain (union rep replacing Rosa), on February 1, 2023, I renewed the same request for information, but this time for Hector Rosa, Margo Gislain, and the two new organizers now representing Howard Brown staff (Nick Reid and Tristan Bock-Hughes). After this request was ignored, I again renewed the request to Julia Bartmes yesterday, February 7, 2023. On that same day, Julia Bartmes refused to comply with the request for information stating that the requests “do not affect Howard Brown Health employees’ terms and conditions of employment in any way,” that the request “is not relevant” or “legitimate,” and that “the INA has no duty to provide the information.”

I respectfully disagree. I believe that under the circumstances cited above, this information is fundamental and crucial to our employees. In light of the union’s refusal, however, I have filed an unfair labor practice charge at the National Labor Relations Board in an effort to secure this information.

Proposals Exchanged

Yesterday morning, Howard Brown submitted proposals on the following “union rights” topics to the union:

• Union Officers (union officers who may be employees receiving time to investigate grievances)
• New hire orientation with the union
• Union leave (unpaid leave for union officers employed by Howard Brown)
• New Hire information for the union (what information Howard Brown will share with the union)
• Union Bulletin board posting

At 4:00 p.m. yesterday, the INA emailed counters to these proposals to Howard Brown.

Howard Brown also submitted a counter proposal on Inclement Weather & Emergency Closings. However, the INA requested to table any further discussions of this proposal until the bargaining committees begin negotiating economics.

Next Bargaining Date

The next formal bargaining session is March 2, 2023. However, Howard Brown intends to keep bargaining via email with the INA through their lead negotiator, attorney, and Executive Director, Julia Bartmes, before March 2 as well.

The Howard Brown bargaining committee and our staff represented by the Illinois Nurses’ Association (INA) met for bargaining on February 2, 2023.

• Howard Brown was requested to join the union’s bargaining committee at 4:00 p.m. The committees discussed the union’s one proposal related to inclement weather closings.
• The union also requested bargaining dates through June from Howard Brown and specifically asked for Saturday bargaining dates. Howard Brown offered the following 10 additional dates for bargaining:
  • Saturday, March 4
  • Monday, March 20
  • Monday, March 27
  • Thursday, April 6
  • Thursday, April 20
  • Saturday, May 6
  • Monday, May 15
  • Thursday, May 25
  • Thursday, June 8
  • Saturday, June 17

The union accepted all the dates offered by Howard Brown but has requested more dates. Our bargaining team is looking at calendars to try to accommodate the union’s additional request for dates.

• Since January 12, Howard Brown has received two proposals from the union: the dress code policy and a counter proposal to inclement weather closings.
• Late in the evening of January 31, 2023, the union’s attorney and executive director, Julia Bartmes, submitted 49 written questions to Howard Brown related its January 23rd proposed memorandum of understanding about possible effects of restructuring Social Services.
  • Howard Brown responded to the 49 questions on February 3, 2023, as requested by the union
• Previously, on January 18, 2023, Howard Brown received 64 questions related to the January 3 layoffs, most of which have now been answered by Howard Brown. We are working as quickly as possible to answer any questions that remain.

The next bargaining session is scheduled for Monday, February 6, 2023.

The Howard Brown bargaining committee and our staff represented by the Illinois Nurses’ Association (INA) met for bargaining on January 23, 2023.

• The INA and Howard Brown exchanged proposals on the dress code policy
• Howard Brown provided the INA with a Memorandum of Understanding (MOU) on the restructuring of the Social Services, Public Health, and Youth Services departments into the Community and Social Health Department.

Howard Brown and the INA also reached tentative agreements on the Management Rights contract provision as well as the section on Employee Bereavement Leave.

The next bargaining session is scheduled for Thursday, February 2, 2023.

The Howard Brown bargaining committee and our staff represented by the Illinois Nurses’ Association (INA) met for bargaining on January 18, 2023.

• Howard Brown presented counter proposals on the following contractual provisions:
  • Dress Code Policy
  • Bereavement Leave
  • Disciplinary Process
• Howard Brown presented a proposal on Management Rights.
• The union did not present any proposals today.
• The union requested answers to additional questions, totaling 64 questions. Howard Brown provided some responses today with a commitment to provide additional responses as soon as possible.

Howard Brown and the INA also reached a tentative agreement on child bereavement leave.

The next bargaining session is scheduled for Monday, January 23, 2023.

The Howard Brown bargaining committee and our staff represented by the Illinois Nurses’ Association (INA) met for bargaining on January 12, 2023.

• Howard Brown made counter proposals on the following contractual provisions:
  • Bereavement leave
  • Child bereavement leave
  • Disciplinary process
• The union presented a counter proposal on the dress code policy

Howard Brown and the INA also reached an agreement on an interim Memorandum of Understanding related to worksite visits.

The next bargaining session is scheduled for Wednesday, January 18, 2023.

The Howard Brown bargaining committee and our staff represented by the Illinois Nurses’ Association (INA) met for bargaining on Saturday, January 7th.

• Howard Brown submitted proposals on the following topics to the INA:
  • Posting of positions
  • Inclement weather and emergency closings
  • Dress code
  • Worksite visits
• The union presented proposals on scheduling and the prohibition of mandatory overtime and presented a counterproposal on the holiday schedule, vacation, and other leave.
• Howard Brown and the INA came to a tentative agreement on Worksite Visits.

Howard Brown listened to and discussed over 50 questions from the union’s bargaining committee, which were mostly related to the recent layoffs. Questions that could not immediately be answered were compiled by Howard Brown and will be responded to at a later date.

Howard Brown and the INA are currently in the process of scheduling additional bargaining dates.

The Howard Brown bargaining committee and our staff represented by the INA met for bargaining on December 28, 2022.

This past December 20th, Howard Brown presented its last, best and final offer to the union for involuntary layoffs for union-represented employees with a request that the union let Howard Brown know as soon as possible if the offer would be accepted.

Yesterday afternoon, the INA offered a counter proposal to Howard Brown’s last, best and final offer. In response, we advised the union that unfortunately, the INA’s latest proposal again demonstrates that the parties remain in fundamental disagreement over the urgency of Howard Brown’s financial crisis and the need to act swiftly and decisively. We further advised the union that it is the opinion and belief of Howard Brown that after many negotiating sessions since November 19, (including two facilitated by a federal mediator) and the INA’s review of over 450 documents including extensive financial documents, this distance between proposals cannot be bridged through further negotiations. This is what is known as “impasse” in the bargaining process.

We have notified the union of the impasse and also of Howard Brown’s intent to implement its last, best and final offer presented to the union with an official lay off date of January 3, 2023. Communications about next steps for affected union employees will first be shared with the union. The next regularly scheduled bargaining session is Saturday, January 7, 2023, at which time Howard Brown plans to continue bargaining over a first contract for the new bargaining unit.

The Howard Brown bargaining committee and our staff represented by the INA met for mediation on December 19, 2022, with our appointed federal mediator who is a neutral third party. A federal mediator listens to each side to try to find common ground and facilitate communication. The parties did not meet jointly at the bargaining table. Instead, as part of mediation, a mediator often goes between each party, speaking with both parties in a confidential manner. Today in mediation the INA gave a counter proposal to Howard Brown’s proposal for layoffs;

• Howard Brown responded to part of the INA’s counter today, and a full response will be emailed to the INA for their consideration soon;
• Howard Brown worked on responding to the INA’s additional requests for information from December 16, 2022;
• Howard Brown received additional requests for information from the INA today, which the agency is addressing and hopes to respond to by tomorrow, December 20, 2022.

CEO David Ernesto Munar joined the bargaining committee members. Committee members shared their perspectives and asked David questions about topics, including:

• The agency’s investment on the South Side
• Accountability
• Behavioral Health
• Billing and coding
• Provider turnover
• Compliance
• Finances

Howard Brown and our staff represented by the INA met with our appointed federal mediator, who is a neutral third party. A federal mediator listens to each side to try to find common ground and facilitate communication. The union presented a counterproposal to Howard Brown regarding proposed layoffs. Chief Program Officer Paviella Foster joined the bargaining committee members and answered the committee’s questions and received their input. Howard Brown then presented another counter proposal at the end of the day regarding proposed layoffs.

Howard Brown made a proposal for involuntary layoffs with a date of January 3, 2023. Listened to the union committee, fielded questions about it, and the union called for a caucus to discuss. Union emailed additional requests for information to which we were able to respond to some and will address others soon. The union proposed engaging our assigned federal mediator. Howard Brown supports engaging a mediator immediately and convening additional bargaining sessions with the mediator’s assistance this week and next week and has reached out to the mediator for dates.

Howard Brown presented proposals on Holidays, Sick Time, Vacation, and other leaves of absence as well as a counterproposal to the union’s contract language about visits from the union to Howard Brown locations. The union also presented proposals including union location visits and job duties. The union also presented feedback on Howard Brown’s proposed changes to the CME/CE Reimbursement, Cold Weather Gear, and Work from Home Reimbursement policies, which Howard Brown is taking under advisement.

Howard Brown made proposals on the recognition clause, which clearly defines which positions are in the bargaining unit; attendance; and the following policies: continuing medical education; working from home expense reimbursement; and cold weather gear benefit. Howard Brown provided additional information on the FY23 budget, investment performance, bank statements, reductions to executive compensation, in total adding to over 325 documents shared with the union. The union made proposals on posting of positions; introductory period; labor management meetings; and worksite visits. Howard Brown and the union reached conceptual agreement on the first section of the Recognition clause as well as labor-management meetings (minimum of 8 each year).

The Union presented thirteen contract counter proposals. They did not offer a counter to Howard Brown’s proposed voluntary separation program. The bargaining teams came to an agreement on three contract provisions: Grievance and Arbitration process, Legal contract language provisions, and a Memorandum of Understanding on the scope of the bargaining unit. Howard Brown responded to all requests for information. Howard Brown proposed additional days of bargaining for 11/23 and 11/28. The union did not accept any.

The Union presented 23 non-economic proposals of which Howard Brown responded and also agreed to three proposals including: Dignity and respect, Non-discrimination, and Union Seniority. Howard Brown also proposed a Voluntary Separation Program for bargaining. Howard Brown engaged in discussion and responded to various questions and requests for information at the bargaining table from the union’s bargaining committee.