Introduction
Dialysis caregivers working at Fresenius, DaVita, and Satellite Healthcare in California are organizing with SEIU-United Healthcare Workers West to improve their jobs in an industry plagued by short staffing that too often puts profits over patient care.
But the companies have responded to workers’ efforts with illegal threats and retaliation, and some have even fired workers for supporting the union.
These companies, who collectively have received billions in Federal contracts, should be in step with the Biden Administration’s commitment to ensuring workers who provide services to the federal government have quality jobs, good wages, and the choice to join or form a union.
Allegations of Unlawful Conduct
Dialysis workers organizing with SEIU-UHW have faced a wave of unlawful conduct by their employers aimed at suppressing their organizing efforts.
Workers have charged Fresenius and Satellite with serious violations of the National Labor Relations Act [NLRA], including retaliatory firings, retaliatory discipline, threats aimed at suppressing legally protected activities, and bargaining in bad faith. National Labor Relations Board prosecutors are still investigating these charges, but have already agreed with workers that violations occurred and have issued complaints against Fresenius and Satellite.
DaVita workers have also leveled serious allegations at their employer. The National Labor Relations Board continues to investigate workers’ charge that DaVita threatened clinic closure in retaliation for workers’ protected organizing activity. DaVita has already carried out a threat to close one facility where organizing activity occurred.
Workers’ Experience of Union Busting
Adriana Tafito, a Patient Care Technician working at Fresenius’ clinic, describes her experience at her clinic. According to Adriana:
“Management told us we would never work in dialysis again if we voted to unionize, but we still fought on. After winning our election, we were denied staffing support in unionized clinics, annual raises were withheld, and we were barred from company events. When we eventually went on strike, Fresenius hired strikebreakers for more than $70 an hour while they were paying us as little as $17 […] Short staffing, low wages and denial of time off were and are a recipe for huge profits and unsafe working conditions.”
Cathy Mendoza, a Registered Nurse formerly working at a Satellite Healthcare clinic, was terminated on June 17, 2023 for union organizing activity; NLRB prosecutors agree that Satellite fired her illegally, and her case is scheduled for a hearing. Cathy states that:
“Throughout our organizing at Satellite Healthcare, we have been intimidated, threatened, discriminated against and wrongfully disciplined. Management told us that since there’s only a few different dialysis companies around, we would be blacklisted for unionizing to improve our working conditions. We were told our clinic could be shut down and we would lose our jobs if we formed our union. Even after we won our election in April, management continued to break the law and commit unfair labor practices against us. They began tracking our break times like never before and for the first time we couldn’t clock in more than 5 minutes early, or more than one minute late without being disciplined. In June, I was fired in retaliation for my union activities. After investigating, the NLRB found merit in my case for wrongful termination, and I will continue to fight for a settlement including back pay and reinstatement.”
These are just two examples of many accounts provided by workers in support of the various ULP filings.
Photo Evidence of Union-Busting Activity
Below are just a few examples of misleading or blatantly false anti-union signage posted at caregivers’ workplaces.
Anti-union materials at DaVita Clinics:
Misleading anti-union signs posted by management at DaVita clinics include false allegations of union bribes, as seen in Photo A: “In the past, they’ve paid team mates up to $50 per union card signature.” As evidenced by photos B and C, the same set of anti-union articles were posted in the same manner at multiple clinics.
Anti-union materials at Fresenius Clinics:
The two high-end posters below appeared at Fresenius clinics after continued delays in bargaining sessions with UHW.
Conclusion
While Fresenius, DaVita, and Satellite Healthcare might claim that they are not engaged in anti-union activities, there is ample evidence that they are actively union-busting at dialysis clinics where workers are organizing. These allegations are supported by worker statements , photo evidence, and ULP charges which are either currently under investigation, or scheduled for hearings.
Though the companies have benefited from lucrative contracts with the Federal government, as this report demonstrates, they are not complying with the Biden Administration’s commitment that taxpayer funded contracts should support good jobs. President Biden has made several strong public statements supporting workers’ rights to organize; as he said in February 2021, “the choice of forming a union is the worker’s choice, full stop…there should be no intimidation, no coercion, no threats, and no anti-union propaganda” when workers are deciding whether to organize a union. Fresenius, Satelite, and DaVita should live up to this powerful commitment.
Appendix A: List of Active ULP Cases
- 20-CA-330186
Fresenius Kidney Care
Charge(s) filed – under investigation. - 20-CA-329522
Fresenius Kidney Care Brentwood Park; Bio-Medical Applications of California
Charge(s) filed – under investigation. - 32-CA-329311
Fresenius Kidney Care Brentwood Park; Bio-Medical Applications of California
Charge(s) filed – under investigation.
- 32-CA-328155
Fresenius Kidney Care (Diablo West Antioch)
Charge(s) filed – under investigation. - 21-CA-327985
Fresenius Kidney Care (San Diego Acutes); San Diego Dialysis Services, Inc. Bio-Med Applications of California, Inc.
Charge(s) filed – under investigation. - 20-CA-328050
Renal Advantage Inc. / Fresenius Management Services, Inc. dba Fresenius Kidney Care Elk Grove Blvd.
Charge(s) filed – under investigation. - 20-CA-326183
Renal Advantage Inc. / Fresenius Management Services, Inc. dba Fresenius Kidney Care Elk Grove Blvd.
Open – NLRB issued complaint. - 31-CA-318006
Fresenius Kidney Care (Camarillo)
Charge(s) filed – under investigation. - 32-CA-316761
Fresenius Kidney Care
Open – NLRB issued complaint. - 20-CA-322476
Satellite Healthcare, Inc.
Open – NLRB issued complaint. - 20-CA-316334
Satellite Healthcare, Inc.
Open – NLRB issued complaint. - 20-CA-315531
Satellite Healthcare, Inc.
Open – NLRB issued complaint. - 31-CA-325337
DaVita Rancho San Bernardino Dialysis
Charge(s) filed – under investigation.
