Howard Brown Health’s Workforce

Last week, the NLRB took the next step in its administrative process by issuing a complaint and setting a hearing date regarding unfair labor practice charges filed against Howard Brown by the INA. The purpose of the hearing is to have a judge determine if Howard Brown violated the National Labor Relations Act in its enactment of layoffs in January 2023.

We were surprised by the NLRB’s decision to schedule an evidentiary hearing for October, given that we are in ongoing settlement discussions with the NLRB and the INA. Howard Brown has not rejected the proposed settlement and continues to work with the INA to review proposed backpay for the laid-off employees, who were offered reinstatement in Aug 2023. In these discussions, we are working towards reaching a mutually agreeable settlement while also ensuring that we can continue to provide critical care to our patients.

Especially given the agency’s ongoing revenue shortfall, it is our responsibility to our patients to ensure that proper documentation is provided for any consequential expenses that we are being asked to reimburse. Maintaining the organization’s sound financial footing is vital to our ability to provide life-saving care to our community members.

Howard Brown plans to return to the bargaining table with our union-represented colleagues and a federal mediator in 2024.

Upcoming Bargaining Dates:

• January 29
• February 20
• February 28
• March 13

In late December, Howard Brown notified the INA that it had far exceeded the agreed-upon number of paid bargaining hours for staff and would no longer pay for staff bargaining hours going forward. After agreeing to pay for 800 hours of staff bargaining time in June, Howard Brown paid out over 2,400 hours from June to December.

With 83% of our union’s membership voting, 94% chose to vote no on the Last, Best, and Final on the recommendation of the union Bargaining Committee. Howard Brown recognizes the union’s decision and will continue to bargain in good faith for a first contract alongside a federal mediator, the first session of which was completed on November 21.

The contract proposal that Howard Brown put forth committed Howard Brown to invest an additional $5 million for its workforce over two years. With one year of negotiations complete – nearly 50 bargaining sessions – Howard Brown addressed its unions top six priorities to offer a new living wage for all staff, yearly wage increases that outpace inflation (5.4-19.7% raise in year one and 3.25% raise in year two; inflation at 3.2%), transparency of pay on a wage grid provided by its union, comprehensive insurance for part-time workers, a reworked disciplinary system, and much more.

As a non-profit serving more than 50% of people living in poverty, Howard Brown is stretching our organization for this contract offer while still ensuring we can meet our obligations to our patients and our non-union staff. We remain proud of our investment to build the agency’s future and look forward to continuing to work with our union and the federal mediator in upcoming bargaining dates on Dec 5^th and Dec 16^th.

Quick Contract Breakdown

Full Text – Last, Best, and Final Contract Offer

(PDF version of flyer)

(PDF version of flyer)

(PDF version of flyer)

(PDF version of flyer)

Negotiations Continue Between Howard Brown Health
and Union Workforce on a First Contract

(CHICAGO, October 10, 2023)— Negotiations continue to progress between Howard Brown Health and its workers represented by the Illinois Nurses Association (INA) on the terms of a first contract for nearly 400 clinical, administrative, and retail employees.

In negotiations, Howard Brown continues to listen openly to members of the bargaining committee on means to improve the workplace, ensure the organization’s sustainability, and strengthen the organization’s commitment to high-quality, affirming patient care.

To date, Howard Brown has proposed the following for full-time and regular part-time unionized workers:

• • An overall base-wage increase that averages 5.4% this year and 3% next year;
  • A $1,200 bonus for each employee payable 30 days after contract ratification;
  • A new minimum wage of $19.32, which is the living wage for Cook County (Data source: livingwage.mit.edu);
  • Expanded healthcare benefits, including group health insurance benefits for regular part-time employees;
  • Guaranteed 2 hours of overtime for shifts exceeding 10 hours;
  • Paid time off for gender-affirming care; and
  • Strengthened protections for union workers, mirroring the contract with our nurses.

“Thanks to the hard work and commitment of the bargaining committee, we are making meaningful progress toward a two-year labor agreement,” said David Ernesto Munar, President and CEO. “We will stay at the bargaining table as long as it takes to reach mutual agreement. Our system of care depends on the dedication of our caring workforce to deliver the Howard Brown mission at our 10 centers to nearly 40,000 patients each year.”

Approximately a half dozen proposals remain on wages, job duties, care providers’ administrative time, and changes to operational policy. Howard Brown will continue to prioritize bargaining to reach a mutually agreeable contract that protects care for its patients regardless of the INA’s push for a strike authorization vote. In the event of a strike or walkout, Howard Brown will continue to provide care and services for all patients.

“This first contract is inherently complex,” said Munar. “We’ve made important progress in the past 11 months. Howard Brown is committed to bargaining in good faith and collaborate with our union partners at the INA to reach the finish line.”

For more information on Howard Brown’s proposals, see its tracker here.

Bargaining continued in a small group with the assistance of the federal mediator.

Both sides continued discussions on economic issues. No proposals were passed.

Bargaining continued with the assistance of the federal mediator.

Discussions continued around economics items of the agreement.

Proposals Exchanged

The INA passed proposals on several non-economic items including:

• Union Rights
• Remote Work
• Administrative Time
• Appointment Times

Bargaining continued with the assistance of the federal mediator.

Proposals Exchanged

Howard Brown provided a response to INA on several non-economic items including union rights, remote work, administrative time, work schedule opportunities for Brown Elephant employees, holiday pay, and term of the agreement.

In addition, Howard Brown provided a review of the organization’s January financials. Discussions continued around economic items of the agreement.

Tentative Agreements

Tentative agreement was reached on three items:

• Schedules
• Job Duties
• Board attendance at labor management meetings

Bargaining continued with the assistance of the federal mediator.

Proposals Exchanged

The INA proposed a comprehensive contract proposal with adjusted wage increases and insurance and changes to several non-economic items including job duties, remote work, administrative time, board attendance at Labor Management meetings, and its layoff proposal.

Bargaining continued with the assistance of the federal mediator.

Proposals Exchanged

Howard Brown reasserted its past position on mandatory overtime, remote work, administrative time, and the ratification bonus.

INA did not present any proposals.

Bargaining continued with assistance provided by the federal mediator.

Proposals Exchanged

The INA passed counter proposals on:

• Prohibition on Mandatory Overtime
• Remote Work

Bargaining continued with the federal mediator who provided communication and updates between the two bargaining teams.

Proposals Exchanged

HBH passed counter proposals on:

• Prohibition on Mandatory Overtime
• Remote Work
• Administrative Time

Bargaining continued today with the federal mediator who provided communication and updates between the two bargaining teams.

Proposals Exchanged

INA passed proposals on:

• Remote Work
• Administrative Time
• Ratification Bonus

Both sides agreed to additional bargaining sessions December 6 and December 15.

Howard Brown Proposal

Howard Brown passed its Last, Best, and Final Offer. Highlights of the proposal, which will be effective date upon ratification, are:

• Bonus at $1,300 payable 30 days after ratification
• Minimum wage of $19.23 per hour
• Job titles currently above the minimum pay rate will receive a 4.5% raise plus placement on the grid for an average increase of 5.4%
• 3.25% raise in year two
• 2 weeks paid leave for gender affirming care
• 96% of single HMO premium will be paid for full-time employees (92% for regular part-time) earning less than $58,500 per year.
• Board member representation at union-management meetings semi-annually
• Acknowledgement of obligation to bargain over changes to terms and conditions of employment
• Negotiation over impact of material changes to job duties
• 45 day notice before any layoffs and up to 8-weeks severance pay

The full proposal is available here.

INA Proposal

The INA provided a comprehensive package proposal that includes the following reasserted proposals:

• Union Rights
• Prohibition on Mandatory Overtime
• Job Duties
• Administrative Time
• Workers’ Advocates at Board Meetings
• Appointment Times
• Observed Holidays
• Health Insurance
• Terms of Agreement

The following non-disputed proposals:

• Pay for Negotiations
• Schedules
• Technology Reimbursement
• Job Grades
• Overtime
• Vacation, Personal, and Sick Leave Benefits
• Personal Leave
• Sick Leave
• Paid Leave for Gender-Affirming Care
• Discipline

The following revised counter proposals:

• Remote Work
• Full-Time Opportunities (Brown Elephant)
• Social Media
• Lead Worker Positions (packaged with Preceptor/Training Duty and Pay)
• Wage Rates
• Cost of Living Adjustments
• Ratification Bous
• Evening Shift Differential (packaged with Weened and Float Differentials)
• Protection Against Hate Crimes
• Layoffs

On wages, the INA reasserted its wage grid, lower the minimum wage to $20/hour, and revised year 1 raises so that job titles 101 to 104 will receive no less than a 8% increase and placement to the next step; job titles 105 will receive no less than a 6% increase plus placement to the next step; job titles 106 will receive no less than a 4.5% increase and placement to the next step; and job titles 107 to 110 will receive no less than a 3% increase and placement to the next step.

Year 2 is a 2% step and 3% raise for a total of 5%. The ratification bonus is set at $1,900.

Tentative Agreements Reached

• 401K
• Sick Leave

Proposals Exchanged

Howard Brown provided its final proposals on the following topics:

• Union Rights
• Pay for Negotiations
• Schedules
• Job Duties
• Remote Work
• Administrative Time
• Technology Reimbursement
• Social Media
• Lead Worker Positions
• Evening Shift Differential
• Weekend Differential
• Float Differential
• Preceptor/Training Duty and Pay
• Observed Holidays
• Vacation, Personal and Sick Leave Benefits
• Vacation Accrual
• Personal Leaves
• Protections Against Hate Crimes
• Layoffs
• Discipline

Wages and Compensation

Howard Brown presented two alternative financial proposals to the INA today. The first proposal mirrored what was previously proposed, including a new minimum wage of $19.23 per hour, pay grades and a step schedule. This proposal includes a 4.5% pay raise for employees plus step placement, resulting in an average increase of 5.4%. Howard Brown offered a 3.25% increase for year 2 of the contract. Howard Brown also offered a $1200 ratification bonus.

The second proposal offered a guaranteed wage increase to all employees of 5%, in lieu of a step schedule, with the new minimum wage of $19.23 per hour. Howard Brown offered a 3.5% increase for year 2 of the contract. Howard Brown increased the ratification bonus to $1300 in this proposal.

Option 1:

• The first proposal includes a step schedule for employees
• 4.5% pay raise for employees plus step placement, resulting in an average increase of 5.4%
• $19.23 minimum wage
• A 3.25% increase in year 2 of the contract
• A $1200 ratification bonus

Option 2:

• 5% pay raise for all employees
• $19.23 minimum wage
• 3.5% pay raise in year 2 of the contract
• $1,300 ratification bonus

Friday, November 3

Howard Brown and the INA met in joint session and then separately with the assigned commissioner from the Federal Mediation and Conciliation Service (FMCS). Howard Brown and INA jointly requested the assistance of federal mediation to help negotiate the remaining contract proposals.
Howard Brown remains committed to reaching a resolution, which is why it proposed using an FMCS mediator. As a neutral third-party with an expertise in collective bargaining, FMCS mediators provide an outside perspective and help the parties to explore potential solutions to facilitate agreement.

Thursday, November 2

The INA acknowledged for the first time that Howard Brown is facing financial challenges. The INA also acknowledged Howard Brown’s financial reserves include restricted funds securing its loans and long-term investments. Howard Brown reiterated that having reserves is a best practice for an FQHC and a measure of financial health.

In response, the INA said they modified their economic request to slightly over $10 million for two years. Howard Brown reiterated that its current proposals are near the maximum the organization can afford and the proposal presented would not be sustainable for the organization.

Howard Brown made two proposals. The agency reduced the health insurance premium contribution for regular part-time employees from 10% to 8% and agreed to the process for requesting gender affirming care.

The INA’s reasserted proposals on union rights, job duties, appointment times, and layoffs.

The INA’s economic proposal is:

• Base wage increases of 6-8% in year one (with placement on the INA’s wage grid), except for those brought to a minimum wage which proposed at $21/hour.
• For the first 6-months of the contract, only 50% of wage increases would apply; 100% thereafter.
• Year two is a wage increase of 5%.
• All new hires placed on the wage scale based on experience.
• $2000 ratification bonus.
• New proposal seeking four non-voting INA advocates participating in Board meetings.

Howard Brown and the INA agreed to meet in federal mediation the following day. In the evening, following bargaining, the INA sent Howard Brown a strike notice for November 14-15.

Proposals Exchanged

Howard Brown provided counter proposals on the following non-economic issues:

• Schedules
• Job Duties
• Remote Work
• Administrative Time
• Technology Reimbursement

Proposals Exchanged

The INA provided counter proposals on:

• Administrative Time
• Full-time Opportunities (Brown Elephant)
• Observed Holidays
• Vacation, Personal, and Sick Leave Benefits
• Personal Leave
• Health Insurance
• Layoffs

INA reasserted its previously passed wage proposal.

Discussion

Howard Brown clarified that the purpose of the Brown Elephant resale stores is to generate unrestricted revenue for the charity net of its operating expenses. As a Federal Qualified Health Center (FQHC), healthcare-generated revenue may not be used for Brown Elephant operations, which fall outside of the FQHC scope.

Proposals Exchanged

Howard Brown proposed a 3.25% wage increase in the 2nd year of the contract and reproposed its previously shared economic proposal.

Howard Brown provided counter proposals on the following non-economic issues:

• Job Duties
• Technology Reimbursement
• Protection Against Hate Crimes
• Layoffs
• Discipline

Discussion

Howard Brown and the INA agreed to jointly request the assistance of a federal mediator to assist in reaching an agreement.

Discussion

In response to questions from the Bargaining Committee on October 7, Drs. Gibbons and Dorsey-Bornfreedom discussed agency policy on visit length for patients with complex needs. Steven Glass, COO, discussed the intent of DPI initiatives.

Proposals Exchanged

The INA provided counter proposals on:

• Administrative Time
• Full-time Opportunities (Brown Elephant)
• Observed Holidays
• Vacation, Personal, and Sick Leave Benefits
• Personal Leave
• Health Insurance
• 401K
• Layoffs

INA reasserted its previously passed economic and non-economic proposals.

Howard Brown provided a counter proposal on Administrative Time.

Proposals Exchanged

The INA provided counter proposals on:

• Job Duties
• Discipline
• Protections Against Hate Crimes
• Paid Leave for Gender Affirming Care

Howard Brown provided a counter proposal on layoffs:

• 45 days’ notice to the INA if there is a loss of grant funding or loss in revenue that could result in a reduction in force;
• INA and its consultant may inspect Howard Brown’s financial records if layoffs result from economic reasons;
• Affected employees must be given at least 30 days’ notice before a layoff;
• Laid-off staff would receive a minimum 4 weeks in severance pay, with an additional week for each year of completed service, up to 8 weeks total.
• Employer portion of health insurance will be paid through the end of the month after which severance ends.

Tentative Agreements

The INA and Howard Brown reached a tentative agreement on recall rights, which provide for 1 year of recall for any vacancies that occur within one year of their layoff for which they meet the minimum qualifications.

Proposals Exchanged

Howard Brown provided wage grid placement for new hires.

Howard Brown made counter proposals on the following non-economic contract provisions:

• Union Rights
• Job Duties
• Preceptor/Training Duty

The INA made counter proposals on the following non-economic provisions:

• Administrative Time
• Layoffs

Tentative Agreements

Howard Brown and the INA reached tentative agreement on:

• Successorship
• Bargaining Unit Work

Proposals Exchanged

Howard Brown made counter proposals on the following economic contract provisions:

• Paid Leave for Gender-Affirming Care

• • Howard Brown proposed bargaining unit members who have been employed for one year shall become eligible for up to two weeks paid leave annually for gender affirming surgeries.

• Health Insurance

• • Howard Brown proposed to offer a supplemental virtual behavioral health plan at no cost to the employee. In establishing the plan, Howard Brown will provide the Union with plan options, and final vendor selection will be made jointly with Howard Brown and the Union.

• Term of Agreement

• • Howard Brown agreed for the contract to be effective for two years from the date of ratification.

• • Vacation, Personal, and Sick Time Accrual

• • Howard Brown proposed prorated accruals for employees in roles that are less than full-time.

Howard Brown made counter proposals on the following and non-economic provisions:

• Administrative Time
• Layoffs
• Recall
• Discipline

General Information

Mike Mazzeo, Chair of the Howard Brown Health Board of Directors, addressed the bargaining committee to provide more context about Howard Brown’s current and future financial outlook. He commented on the organization’s financial reserves, which collateralize debt, assist with cashflow, and supplement in the event of an emergency.  He answered questions about the Board’s oversight of management decisions vis-à-vis labor relations and securing a contract.

Proposals Exchanged

The INA made a counter proposal on wage rates:

• 7% increase in addition to placement on a step schedule.
• Placement to the next step would guarantee increases of 7-9% in year 1 of the contract.
• Each step increases by 2%.
• Base pay for the highest paid employees would be capped at a $10,000 not including differentials (bilingual, AAHIVM accreditation, etc.).
• New minimum wage for all employees to $21.00.
• In the second year of the contract, wages would rise 6.5%, which consists of a 4% increase and a 2% step movement.

The INA made counter proposals on the following non-economic contract provisions:

• Successorship
• Pay for Negotiations
• Schedules
• Layoffs
• Recall
• Discipline

Proposals Exchanged

Howard Brown made a counter proposal on the following economic contract provisions:

• Wage Increases
  • INA has proposed that all bargaining unit employees be placed on a step schedule and Howard Brown has agreed to do so. Under Howard Brown’s proposal, employees will be placed on the schedule based on their job grade and current pay.
  • Effective on the ratification date of the contract, all employees will receive a 4.5% wage increase and then will be placed on the step schedule. Placement on the schedule will result in an additional increase for most employees, with an average increase of 5.4%.
  • The new minimum wage for all employees is $19.23 per hour.
  • Effective on the first anniversary date of ratification, all bargaining unit employees will receive a total 3% increase to their base wage, consisting of a 2% wage increase and horizontal step movement of 1%

Howard Brown made a counter proposal on the following non-economic contract provisions:

• Successorship
• Bargaining Unit Work
• Schedules
• Administrative Time
• Layoffs
• Recal

General Information

John McElwee, Chief Financial Officer, presented Howard Brown’s August 2023 financial statement showing that monthly operating expenses exceeded operating revenues by $238,446 for the month of August 2023. For the fiscal year to date, operating revenues have exceeded operating expenses by $75,486. August financials do not include costs associated with reinstatement (which will be reflected starting in September) or the NLRB settlement.

In response to questions at previous bargaining sessions, Howard Brown presented a summary of wage/salary adjustments made from 2021 to 2023:

• + 5% in August 2022
• + 2% in February 2022
• + 3% for exempt staff in August 2021
• + 3% or +$1.00/hour (whichever is greater) for non-exempt staff in July 2021

Howard Brown also paid against the patient satisfaction performance Incentive bonus program:

• + 3% (on Jan-June 2023 wages) in August 2023, which included 367 union employees
• + 3% (on July-Dec 2022 wages) in January 2023, which included 10 union employees

Howard Brown shared comments and questions on the INA’s proposed pay grades and grid.

Proposals Exchanged

In response to a request from the Bargaining Committee, Howard Brown restated its September 11, 2023 packaged economic proposal in a format similar to INA’s economic proposal.

McElwee shared Howard Brown’s cost estimate of the INA’s most recent two-year economic proposal, calculated at $15.3 million, down from $22.7 million.

Howard Brown shared proposed pay grades and a grid with steps and COLA in year 2. HBH’s proposal maintains a base wage increase of at least 4.5% upon ratification and a 3% increase in the second year, among other packaged proposals.

Proposals Exchanged

The INA passed counter proposals on the following economic contract provisions:

• Remote Work
• Technology Reimbursement
• Full-Time Opportunities (Brown Elephant)
• Wage Rates
  • Minimum 9% in year 1 (capped at $10,000 except for step one)
    • After receiving the 9% increase (capped at $10,000 except for step one), employees will be placed on a step on INA’s wage grid, which will include an additional increase for most employees. If placement on INA’s wage grid is between steps, the position is placed on the higher step
  • INA lowered the increase between annual steps from 3.5% to 3%
  • Year 2 increase of 4.5% plus a 3% annual step movement for an overall increase of 7.5%
• Evening Shift Differential
• Weekend Differential
• Prohibition on Mandatory Overtime
• Preceptor Duty and Pay

Howard Brown passed a counter proposal on the following non-economic contract provisions:

• Department-Specific Training Requirements

Tentative Agreements from the September 11 and 14 sessions:

• Union Factoring Representative
• Temporary Assignment
• Family and Medical Leave
• Family Military Leave Policy
• VESSA Leave
• Personal Leaves of Absence
• Court Leave
• Time off to Vote
• School Visitation Leave
• Union Dues and Fair Share

Proposals Exchanged

Howard Brown reasserts their previous proposal on the following non-economic contract provisions:

• Remote Work
• Family and Medical Leave
• Family Military Leave Policy
• Victims’ Economic Security and Safety Act (VESSA) Leave

Howard Brown presented a counterproposal as a package on the following economic contract provisions:

• Wages
  • Howard Brown proposed a 4.5% base wage increase upon ratification for year one of the contract with the minimum wage rate at $19.23 (living wage for Cook County as defined by MIT) and a 3% base wage increase for year two of the contract
• Ratification Bonus
  • Howard Brown agreed to the INA’s proposal of a ratification bonus of $1,200 payable within 30 days following ratification
• Overtime
  • Howard Brown proposed if an employee works more than 10 hours in a day, then they will receive overtime pay for all hours worked in excess of 8 hours on that day.
• Vacation Accrual
  • Howard Brown proposed an additional tier of vacation for both Full-time and Regular Part-time employees
• Health Insurance
  • Howard Brown agreed to the INA’s proposed premium rates for the HMO insurance benefits for full-time employees and reproposed the addition of health insurance benefits for regular part-time employees along with contribution levels
• Holidays
  • Howard Brown proposed one additional holiday per calendar year

The INA presented a counter proposal on the following non-economic contract provisions:

• Bargaining Unit Work
• Administrative Time
• Discipline

Proposals Exchanged

The INA made comprehensive economic counter proposals on the following contract provisions:

• Remote Work
• Full-Time Opportunities (Brown Elephant)
• Union Factoring Representative
• Temporary Assignment
• Preceptor Duty and Pay
• Wage Rates
• Cost of Living Adjustment
• Ratification Bonus
• Evening Shift Differential
• Weekend Differential
• Float Differential
• Observed Holidays
• Vacation Accrual
• Personal Leave
• Sick Leave
• Court Leave
• Health Insurance
• 401k
• Protection Against Hate Crimes
• Department-Specific Training Requirements

INA’s wage proposal includes a minimum wage increase of 9-12.5% in the first year and 8% in the second year. Placement on the INA’s proposed wage steps would result in an increase ranging from 9% to 36.4% for those brought to step one. It would cap increases to $10,000 for higher earners.

Howard Brown proposed to establish joint management and union committees to create a wage schedule and to participate in annual insurance renewal changes. INA rejected both proposals.

For certain disputed disciplinary actions, Howard Brown had proposed immediately initiating the Grievance and Arbitration Proceeding provision, which was tentatively agreed to on November 19, 2022. INA rejected this proposal.

Proposals Exchanged

Howard Brown presented an economic package proposal on the following contract provisions:

• Wage Increase
  • Howard Brown proposed a 4% base wage increase for all bargaining unit employees this year and a 3% wage increase for next year
  • Howard Brown proposed to increase the minimum wage rate to $19.23 per hour, which is the MIT Living Wage Rate for Cook County
• Ratification Bonus
  • Howard Brown proposed to pay all bargaining unit employees a one-time bonus of $1,000 within 30 days of ratification of the collective bargaining agreement
• Evening Shift Differential
• Weekend Differential
• Observed Holiday
  • Howard Brown proposed a floating holiday for Brown Elephant employees, in addition to granting Christmas Eve as a holiday for all employees
• Sick Leave
• Court Leave
• Health Insurance
  • Howard Brown proposed health insurance coverage for regular part time employees
• Wage Rates
  • Howard Brown proposed to establish a union/management joint committee that will create a recommended wage schedule
• Schedules

Howard Brown presented a counterproposal on non-economic contract provisions:

• Successorship
• Department-Specific Training Requirements

The INA proposed a reinterpretation of the following non-economic contract provision:

• Job Duties

The INA and Howard Brown discussed the agency FY24 budget.

Proposals Exchanged

Howard Brown presented counterproposals on the following non-economic contract provisions:

• Attendance
• Job Duties
• Job Grades
• Union Factoring Representative
• Temporary Assignment
• Family Medical Leave
• Family Military Leave Policy
• VESSA Leave
• Personal Leaves of Absence

The INA responded to Howard Brown’s request to specify training requirements under the Department-Specific Training Requirements contract provision.

The INA and Howard Brown discussed:

• The financial position of the agency, including reserves
• The parties’ proposals on first year contract wages
• The cost of HBHWU’s last economic pass, which HBH estimated would contribute to a $12 million annual deficit

Howard Brown and the INA’s bargaining committees reached two tentative agreements:

• Attendance
• Wage Information

Bargaining Committee Priorities

The Bargaining Committee shared their members’ contract priorities as determined via a recently completed members’ survey. Economic priorities:

1. Increased wages
2. Protections from layoffs
3. Health insurance for part-time and full-time employees
4. Lower employee contributions for health insurance premiums
5. Changes to overtime policy
6. Additional time-off and new holidays
7. Additional full-time positions at the Brown Elephant
8. Paid leave for gender-affirming care

Non-economic priorities:

1. Union rights
2. Protected job duties
3. Successorship
4. Remote work

HBH Priorities

Munar shared leadership’s vision for HBH as described in the Board-approved 2021-2024 Strategic Plan, which informs HBH’s bargaining priorities:

1. Offer affirming LGBTQ+ specialty healthcare services
2. Provide patients with comprehensive medical, dental, and behavioral healthcare
3. Develop the organization’s infrastructure, sustainability, and longevity
4. Deliver preventive healthcare services
5. Cultivate community relations/development in each neighborhood we serve

Munar shared that the 340B pharmacy program, which accounts for 83% of revenue, has been HBH’s primary source of revenue and is likely to continue to decline.

Cost of the INA’s proposal

McElwee shared a cost estimate for INA’s economic proposal:

• INA’s economic proposal includes a 32% pay and benefit increase, adding approximately $8 million per year in operating expenses. This would increase the agency’s operating losses to $13M annually.
• INA’s proposals include an additional 19 days of paid time off, which, when added to current time off, would sum to over two months of time away from job duties each year. This could remove 250 appointments per week from our schedules.

Proposals Exchanged

Howard Brown presented an economic counter proposal despite the INA not moving on most of their economic proposals, including their original wage proposal. HBH proposed a 3% wage increase at the date of contract ratification and a 3% increase next year (total wage increase of 6% over two years).

Howard Brown presented revised proposals on:

• Job Grades
• Wage Information
• Temporary Assignment
• Lead Worker Positions
• Wage Rates
• Wage Increase
• Evening Shift Differential
• Weekend Differential
• Observed Holidays
• Sick Leave
• Court Leave
• Health Insurance

Howard Brown presented counterproposals on non-economic contract provisions including:

• Administrative time
• Inclement Weather
• Onboarding and Training
• Department Specific Training

Howard Brown also made a non-economic proposal on Social Media.

The INA made counter proposals on the following contract provisions:

• Bargaining Unit Work
• Discipline
• Dues Checkoff/Fair Share
• Committees
• Union Leave
• Schedules

Proposals Exchanged

Howard Brown management presented an updated job grade/pay class and wage grid in a substantially similar format as was passed by the Union.

Howard Brown also presented counterproposals on non-economic contract provisions including:

1. Bargaining Unit Work
2. Schedules
3. Attendance
4. Discipline
5. Recall rights in the case of layoffs

Lastly, Howard Brown again proposed starting labor-management meetings to help promote collaboration and problem solving. This proposal was initially rejected by the Union last winter.

The INA shared a counter proposal on economics that was substantially similar to their first proposal.

Proposals Exchanged

Howard Brown presented counterproposals on economic contract provisions including:

1. Full-time opportunities at Brown Elephant
2. Technology Reimbursement
3. Wage Information (sending employee information to the Union)
4. Union Factoring Representative (working with the Union to set wages for new positions)
5. Lead Worker Positions
6. Wage Rates
7. Wage Increases
8. Evening Shift Differential
9. Weekend Shift Differential
10. Bilingual Differential
11. Float Differential
12. Overtime
13. Preceptor Duty and Pay
14. Term of Agreement

Discussion

The Bargaining Committee and Howard Brown management continued to discuss the process for reinstating laid off employees with the Bargaining Committee (which was proposed by management on July 27, 2023).

The Howard Brown Health and Illinois Nurses Association (INA) Bargaining Committees met on Friday, July 7, 2023. The parties convened twice to pass 9 different proposals.

Proposals Exchanged

Howard Brown presented proposals on:

1. Attendance
2. Schedules
3. Administrative Time
4. Inclement Weather
5. Health & Safety

The INA presented proposals on:

1. Attendance
2. Remote Work
3. Successorship
4. Union Rights
5. Prohibition on Mandatory Overtime (tabled to bargaining on economics)
6. Administrative Time
7. Inclement Weather

The Howard Brown Health and Illinois Nurses Association (INA) Bargaining Committees met on Friday, June 30, 2023. The parties convened three times to pass 14 different proposals and reached one tentative agreement.

Proposals Exchanged

Howard Brown presented proposals on:

1. Successorship
2. Union Rights
3. Job Duties
4. Schedules
5. Prohibition on Mandatory Overtime
6. Attendance
7. Prohibition on Non-Disparagement Agreements
8. Workers Advocates on Board Meetings
9. Inclement Weather
10. COVID-19 Policy
11. Administrative Time

The INA presented proposals on:

1. Schedules
2. Attendance
3. Onboarding and Training
4. Prohibition on Non-Disparagement Agreements
5. Inclement Weather
6. Department Specific Training
7. Health and Safety

The INA and Howard Brown reached a tentative agreement on the Prohibition on Non-Disparagement Agreements contract clause.

The Howard Brown Health Bargaining Committee advised the Illinois Nurses Association (INA) Bargaining Committee that management will have a counter to the Bargaining Committee’s economic proposal no later than July 31st, 2023.

Proposals Exchanged

Howard Brown presented counter proposals on:

1. Pay for Current Negotiations
2. Bargaining Unit Work
3. Schedules
4. Planned Vacation or Personal Time Requests
5. Union Dues and Fair Share
6. Successorship

The INA presented counter proposals on:

1. Planned Vacation or Personal Time Requests
2. Successorship
3. Union Rights
4. Discipline
5. COVID-19 Policy
6. Job Duties
7. Pay for Current Negotiations

The INA and Howard Brown reached tentative agreements on the vacation and personal time requests contract provision and bargaining committee pay for negotiating the current contract.

The Howard Brown and INA Bargaining Committees met today, Saturday, June 10, 2023. The parties convened three times to pass 15 different proposals and reach three tentative agreements.

Proposals Exchanged

Howard Brown presented counter proposals on:

1. Pay for Current Negoations
2. Successorship
3. Bargaining Unit Work
4. Pay for Negotiations
5. Vacation (Planned Time Off) Requests
6. Introductory Period
7. Inclement Weather
8. COVID-19 Policy
9. Health and Safety
10. Discipline
11. Dues and Union Security

The INA presented counter proposals on:

1. Attendance
2. No Strike/No Lockout
3. Union Rights
4. Union Representation
5. Bargaining Unit Work
6. Pay for Current Contract Negotiations

The INA and Howard Brown reached tentative agreements on the introductory period of employment, union representation in investigatory and disciplinary meetings, and no strike or lockout during the term of the agreement. The INA and Howard Brown signed a previously agreed to tentative agreement on Orientation.

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.

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.

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.

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

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.

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.

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.

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.

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 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 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 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 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.