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Termination of Peak Vista doctors violated National Labor Relations Board laws: Ruling

By Debbie Kelley Debbie.Kelley

Termination of Peak Vista doctors violated National Labor Relations Board laws: Ruling

Dr. Emily Ptaszek will become president and CEO of Peak Vista Community Health Centers on March 28.

Five doctors who were fired from Peak Vista Community Health Centers in July and August were wrongly terminated, the National Labor Relations Board ruled in a letter issued Thursday.

Peak Vista Community Health Centers, the region's largest health care provider for low-income, uninsured and indigent clients, denies any wrongdoing and disputes the interpretation of the findings.

The labor board's decision comes after accusations of 18 labor law violations were filed against the health care employer, including claims of punitive and fearful retaliatory workplace practices.

The labor board found Peak Vista violated the National Labor Relations Act by illegally firing the five physicians for their support of the Union of American Physicians and Dentists, a California-based union that represents licensed doctors and advanced-practice clinicians.

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Dr. Emily Ptaszek, president and CEO of Peak Vista Community Health Centers, said in a statement to The Gazette that the decision "is not a determination of wrongdoing by Peak Vista but rather their announcement of a decision to take the case to trial," adding, "Peak Vista is confident that it will prevail once it is allowed to present the facts to a judge."

Andrew Guttman, a representative for the Union of American Physicians and Dentists, said Peak Vista will be given the opportunity to reach a settlement with the labor board's regional office.

"Otherwise the region will seek reinstatements and make-whole remedies in the form of monetary damages for each of the affected providers," he said, which includes backpay.

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The remaining charges of labor law violations against Peak Vista are still being investigated, according to the letter union attorneys received from Stephanie Stroup Scaffidi, field examiner for the National Labor Relations Board.

The labor board approved in late November a request for 91 Peak Vista medical providers to proceed with a vote to unionize. Mail-in voting began the first week of December, and results will be released Jan. 2.

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Some employees contacted the union after new mandates for patient counts and workloads were enacted at the beginning of this year, causing what was described as "assembly line medicine" and a "sweatshop atmosphere" at Peak Vista Community Health Centers.

The nonprofit organization operates 21 clinics around the region, which provide medical, dental and behavioral health services for children and adults who have Medicaid, Medicare or no health insurance.

"By unjustly firing five innocent providers, Peak Vista leaders have harmed those individuals, their livelihoods and their reputations," said Andrew Guttman, a representative of the Union of American Physicians and Dentists.

"They have harmed Peak Vista's ability to provide care, they have harmed the community with loss of access to outstanding caregivers and scheduling backlogs," he said. "They have harmed Peak Vista's reputation among patients and providers in an environment where recruitment and retention are necessary and already difficult."

Personnel matters, including situations of employee termination, are "extremely sensitive," Peak Vista's Ptaszek said.

"Peak Vista only takes workplace action when it is necessary and appropriate," she said. "Our decisions regarding the employment terminations were in full compliance with all laws and had absolutely nothing to do with employees' union activity."

Working conditions have deteriorated, employees have said, with many people quitting this year and more being let go.

"Morale is not great, but hopefully if the union goes through there can be some changes made for our patients and staff," a doctor who is employed by Peak Vista said Friday.

"If the providers do choose to come back, we'd welcome them. Their patients would be overjoyed; we still hear every day how they are missed by their patients."

The doctors who were terminated were "the first to speak out when patient care is affected and are dedicated hard-working and caring," said the unnamed doctor, who asked not to be identified over fear of retribution.

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