National Labor Relations Board rules Peak Vista Health may have violated federal employment laws in firing five providers
COLORADO SPRINGS, Colo. (KRDO) -- In a ruling from the National Labor Relations Board (NLRB), Peak Vista Community Health Centers "violated the Act," in discharging five medical providers in the summer of 2024 -- a decision that Peak Vista leaders vow to battle in front of the labor board.
"The Regional Director has determined that the Employer violated the Act, as alleged in the second amended charge. We will be seeking reinstatement and a make-whole remedy for each of the named discriminates, as well as all available remedies to include a notice posting and reading. A proposed Settlement Agreement and Notice to Employees will be forwarded to you as soon as possible. The remaining charges are still being investigated," wrote Stephanie Stroup Scafidi, Field Examiner for the National Labor Relations Board - Region 27 Denver.
The five now-former Peak Vista medical providers claimed they were terminated for discussing unionization. They are part of a federal labor filing made in August, previously covered by KRDO13.
Peak Vista Community Health Centers, while headquartered in Colorado Springs, has 28 clinics in the Pikes Peak Region, spanning from Teller County to the eastern plains. It provides care to approximately 90,000 non-insured and underinsured individuals, according to fax filings.
The labor board is seeking reinstatements and monetary damages to correct the illegal actions, according to Andrew Guttman, a representative with the Union of American Physicians and Dentists (UAPD).
"It has looked to me and to our legal team from the beginning, it's fairly obvious retaliation. And now the board, having collected evidence from both sides, agrees," said Guttman, in an interview with KRDO13.
Peak Vista contends the ruling from the NLRB, sending this statement to KRDO13:
“Unfortunately, the National Labor Relations Board notified us yesterday that they plan to move forward with a complaint regarding the termination of medical providers in our organization. This decision by the NLRB is not a determination of wrongdoing by Peak Vista but rather their announcement of a decision to take the case to trial. Peak Vista is confident that it will prevail once it is allowed to present the facts to a judge.
Situations of employee termination are extremely sensitive. Peak Vista only takes workplace action when it is necessary and appropriate. Our decisions regarding the employment terminations were in full compliance with all laws and had absolutely nothing to do with employees’ union activity.
We are confident in our position that there was no wrongdoing and look forward to the opportunity to present our evidence to an NLRB judge.”
Dr. Emily Ptaszek, Peak Vista Community Health Centers President & CEO
Should Peak Vista lose its appeal, it will be ordered to make back payments to the five fired providers, and offer them their old jobs back; however, it could take years before a ruling is made. Three of those providers have found other jobs, while two are still looking.
"The job market right now is hard in Colorado Springs. even for doctors," Guttman said.
Separately, a vote on whether current Peak Vista workers wish to unionize will be finalized on January 2, 2025.
