Retaliation Against Union Organizers: Preventing NLRA Missteps In Healthcare Organizations

Written exclusively for ChubbWorks for Health Care Zone

In January 2026, the National Labor Relations Board's Region 27 approved an informal settlement totaling about $1.2 million in backpay and front pay for five physicians and advanced practice providers formerly employed by Peak Vista Community Health Centers in Colorado Springs, Colorado.

The payments resolved 18 unfair labor practice charges filed after the providers were discharged in 2024 while they were raising concerns about working conditions and supporting union representation through the Union of American Physicians and Dentists.

In December 2024, the Board found that Peak Vista unlawfully terminated the providers in violation of the National Labor Relations Act, and litigation regarding remedies followed. The settlement provided monetary relief in lieu of reinstatement and required the employer to post and electronically distribute a notice informing employees of their rights and the outcome of the case.
Source: https://www.jdsupra.com/legalnews/1-2m-nlrb-health-care-center-settlement-8606252/

Commentary

For healthcare employers, the above matter underscores how quickly employment decisions made in a tense organizing environment can be reframed as unlawful retaliation, with expensive consequences.

The National Labor Relations Act protects most non-supervisory employees -including many clinicians - from retaliation when they raise concerns about working conditions, discuss unions, or support organizing. When leaders respond to those activities with threats, discipline, or selective enforcement of rules, they create unfair labor practice risk and can fuel the very union support they fear.

Healthcare employers can reduce these risks by planning for organizing long before a petition is filed. Practical steps include:

· Train executives, HR, and frontline leaders on what they may and may not say or do regarding union activity under the NLRA.

· Centralize decisions on discipline, discharge, and major schedule changes affecting vocal employees during sensitive periods, with legal review where possible.

· Apply policies and performance standards consistently, documenting legitimate business reasons that are unrelated to protected activity.

· Create internal channels for staff to raise concerns about workload, safety, and compensation and show visible follow-through, so employees see problem-solving rather than punishment.

· Communicate your position on unions in a factual, non-threatening manner that focuses on information and listening instead of predictions of harm or job loss.

· Monitor climate and feedback in clinics and units so emerging issues are addressed early, not at the point of petition or walkout.

The final takeaway is that healthcare employers that pair lawful communication with genuine efforts to address workplace concerns are far less likely to face liability during organization efforts.

Additional Sources: https://www.nlrb.gov/news-outreach/news-story/12-million-settlement-achieved-in-peak-vista-community-health-centers-1; https://www.nlrb.gov/about-nlrb/what-we-do/investigate-charges; https://center-forward.org/basic/workforce-series-what-are-the-nlrb-and-unfair-labor-practices/

Finally, your opinion is important to us. Please complete the opinion survey:

What's New

Animated Deception: How Data Thieves Use Slick Visuals To Lure Targets

Cybercriminals are using polished animated graphics, fake legal notices, and spoofed software updates to deliver malware that often evades traditional detection tools. How should organizations respond?

Spoofed Sites And Password Vault Servers: What IT Teams Must Monitor Every Day

A single employee action led to ransomware affecting dozens of state agencies and services. We comment on ways to limit damage.

AI, Public Wi-Fi, And Shared Screens: Hidden Dangers Of Personal Use At Work

A survey shows workers use their work devices for personal tasks. We comment on how new tools and habits magnify old risks and what policies must now cover.

Latest Numbers

  • Unemployment Rate
    4.3% in Jan 2026
  • Payroll Employment
    +130,000(p) in Jan 2026
  • Average Hourly Earnings
    +$0.15(p) in Jan 2026
  • Employment Cost Index (ECI)
    +0.7% in 4th Qtr of 2025
  • Productivity
    +4.9% in 3rd Qtr of 2025

Source: Department of Labor