The National Labor Relations Board (NLRB) has ordered a new union election at Optum Medical Care, ruling that the employer’s actions during the initial vote undermined the fairness of the process. The election, which originally took place on April 12, 2023, resulted in a tie with 36 votes for and 36 votes against union representation, falling short of the required majority.
The union, 1199SEIU United Healthcare Workers East, represented by Jessica Harris of Gladstein, Reif & Meginniss LLP, filed objections after alleging that Optum had engaged in unlawful conduct during the pre-election period. The union claimed that Optum threatened to impose stricter work rules, withhold raises, and sever employees’ direct relationship with management if the workers voted to unionize. Additionally, the company allegedly banned union discussions during work hours and interrogated employees about their support for the union.
NLRB Hearing Officer Elise F. Oviedo found merit in the union’s objections, sustaining 13 out of 15 claims of improper interference. The findings were adopted by NLRB Regional Director John D. Doyle Jr., who ordered a new election to take place on November 29, 2023.
This decision follows ongoing efforts by 1199SEIU to secure union representation for workers at Optum’s Brewster, New York, facility.
Read the Decision and Direction of Election.