We have answered your questions below from virtual and in-person Town Halls and online submissions.
Q. Did Clinica pay thousands in a bonus to Union members?
You may have heard claims that Clinica has paid “tens of thousands” of dollars or a “bonus” to Union-represented employees. This is not accurate –
Here’s what actually happened and why:
In June 2025, Clinica and the SEIU reached a settlement to resolve a legal complaint filed by the SEIU with the National Labor Relations Board (NLRB).
SEIU’s complaint was related to changes Clinica made to a variety of employee benefits—such as student loan repayment, retirement plan contributions (403(b) matches), and vacation pay—during the merger of our two organizations. At the time, Clinica believed these changes were allowed during the merger. However, under federal labor law, when employees are represented by a Union, the employer must typically first notify the Union and may need to bargain with the Union before making changes to working conditions.
As a result, the Union filed a charge with the NLRB, claiming Clinica had not followed the legal process required for notice and bargaining with Union-represented employees. To resolve the issue and move forward with contract negotiations, Clinica and the Union agreed to a one-time, non-precedent-setting settlement.
The settlement included two important parts:
- a one-time lump sum payment made to all represented employees to compensate them for our error and
- an agreement by the Union to accept many of our benefit changes going forward.
Accordingly, the Union received a one-time payout that was divided up amongst employees in exchange for the Union’s withdrawal of the ULP and for waiving their rights regarding bargaining of benefits changes going forward. Clinica made this lump sum payment to quickly resolve the legal issue, establish a clear starting point for contract negotiations, and streamline benefits across the merged organization. Now that we’ve built a stronger understanding of labor law, we don’t expect to have to make similar settlement payments in the future. This was a one-time situation that occurred several months ago and is highly unlikely going forward.
Sept 4, 2025 -Virtual Town Hall Q&A
During our first virtual Town Hall on Sept. 4th, we explained that due to the union organizing and the NLRA’s requirement for “laboratory election conditions”, we had to speak in a scripted way to you to ensure we did not violate the law. If we did, the Union may have brought an unfair labor practice charge (“ULP”) against us. We do not want to risk violating the law, particularly with this union that has brought ULPs against Clinica previously. We have made sure our answers are legally compliant so we do not violate the NLRA, yet also provide answers to your questions. Please head to ‘Facts v. Promises‘ for the case law which explains our responsibilities under federal law regarding our communications.
FAQs and Responses
Q: How can you say that collective bargaining is not a democratic process when a union is made up of the individuals doing the work, who are doing the boots on the ground work?
A: Bargaining is not the democratic process unions sometime say it is during a campaign. The union would have its representatives at the bargaining table. You probably wouldn't have much say in the process or the proposals the union brings to the table, even though the contract rules would apply to every employee. You can check out SEIU's own Constitution and By-Laws regarding the selection of the bargaining committee. Typically, if a union is elected, Clinica and the union would each select a bargaining committee. Employer committees typically include representatives from HR or employee relations, nursing, finance and/or operations and legal. Union bargaining committees typically include two or three representatives from the union – in this case, that would likely be the representatives from SEIU Local 105, a few employees to represent all sites included in the petition, and a lawyer. Currently, in negotiations, there are Union employees present along with bargaining committee employee representatives.
Q: Will all employees be a part of a bargaining unit? Or will unionization apply to all employees or exempt status only?
A: We will not know for sure what positions or sites will be included in the vote until the NLRB issues its decision on who may vote in the upcoming election. However, it is a possibility that all non-supervisory (as defined by the NLRA) employees at the Westminster, Thornton, Pecos, Lafayette, and Peoples’ clinics may be part of the bargaining unit. This includes the following roles: case managers, clinic operations specialist, clinic operation technician, pod support, medical assistants, enrollment specialists, medical records, referral case manager, behavioral health professional, behavioral health case manager, behavioral health care coordinator, dietician, nurses, nurse practitioner, physician assistant, physicians (family practice, OBGYN, psychiatrist). Depending on how the NLRB decides, the bargaining unit may also include office technicians and other roles connected to the clinic services. Per federal labor law, supervisors and managers are not included in a potential bargaining unit. The terms "exempt" and "non exempt" related to wage and hour laws and do not determine whether an employee is eligible to vote in an election or not. Voter eligibility is determined by a variety of factors, including if an employee supervises others and thus owes a duty of loyalty to their employer and cannot be included in a bargaining unit.
Q: I have heard the term "non-member." What does that mean? Do non-members have to pay? Will everyone be forced to pay into the union even if we don't vote for it?
A: Under federal law, you cannot be forced to join the union, but you can be forced to pay the union. Union contracts typically contain what is called a union security clause. Bargaining unit employees who do not want to join the union and pay union dues typically have to pay the union what is called an agency fee, which is close to the amount of union dues. In union security clauses, everyone has to pay the union one way or another, or else they will be fired. In fact, in the current negotiations, SEIU Local 105 did bargain for a union security clause.
Q: Do I have to pay the union if I don't want to be in the union.
A: Most likely. The union will likely insist on a union security clause that requires all employees in covered positions to either join the union or pay a service fee that is not much lower than regular union dues. Colorado is not a "right-to- work" state, so a union contract can require that employers deduct dues from your paycheck and even force them to fire employees who don't or can't pay. As a result, you could be required to pay union dues as a condition of keeping your job at Clinica - even if you did not want to be represented by the union. That means even if you do not want to be a union member, your paycheck will have union dues or fees taken out.
Q: In my opinion, unionized workers typically make more than nonunionized workers. Will we earn higher wages?
A: Every negotiation is different. What another employer may have agreed to with a union has nothing to do with Clinica. The law only requires that the employer and the union bargain in good faith. There is no requirement that either party agree to anything, and no one can predict the outcome of collective bargaining. You can see for yourself what SEIU and Clinica reached at Valmont by clicking here. Neither the union nor Clinica can guarantee what would be in a collective bargaining agreement. Even if a union is elected, your pay and benefits will not change automatically. The parties will first have to engage in bargaining and even then, there are no guarantees about what, if any, changes will be implemented. Further, everything must remain constant or “status quo” under the law unless and until an agreement is reached. Additionally, sometimes statistics on union wages do not account for the "waiting period" under the prior contract for wages - or when wages were held stagnant during the term of the contract. This may lead to seemingly bigger numbers than what is actually paid out - and can also vary based on the structure of the contract and the classifications. Each contract is different, and each employer has different revenue streams and constraints.
Q: What happens to wages and benefits during bargaining?
A: During negotiations with the union for a first contract, federal law prohibits the employer from making any unscheduled changes to wages and benefits for represented employees that have not been agreed upon by the employer and the union. In effect, your wages and benefits will be held at “status quo” while bargaining is ongoing. This is typically the same rule for negotiating successor contracts.
Q: How long does it take to reach a first contract?
A: It depends. The most recent statistics show that the average first contract takes 465 days to reach. So, no one knows how long collective bargaining negotiations will take. Some take less, and some take much longer. There is no time limit. Sometimes a first contract is not reached.
Q: A union contract does not mean the loss of workplace flexibility. This is not true!
A: With a union, scheduling and time-off decisions could change. Collective bargaining agreements (the contract) are designed to set rules that apply to everyone in the bargaining unit (union employees), rather than letting each employee have their own exceptions or flexibility. Collective bargaining is designed to treat employees as a group, not as individuals. The union speaks for the whole group, and the contract determines all things related to pay, benefits, and other terms and conditions of employment. Because of this, individual rules or processes that currently exist for your team might change to fit the contract terms.The process for scheduling shifts, swapping shifts, time off, and assignment of job duties would all be up for negotiations. Preference is usually given for seniority. Union contracts may have strict rules and processes that apply to all and negatively impact flexibility. Once a CBA is in place, your managers cannot violate the rules in the CBA. This means you (and your manager) could have less flexibility than you do now to work your schedule, to adjust your schedule, and to take time off around your class schedule, family obligations and other personal considerations.
Q: If a union is put into place after voting, who is responsible for approving PTO? Will it still be direct supervisors or would the Union be responsible for approving PTO?
A: The process for scheduling shifts, swapping shifts, time off, and assignment of job duties would all be up for negotiations. Preference is usually given for seniority. Union contracts may have strict rules and processes that apply to all and negatively impact flexibility. Once a CBA is in place, your managers cannot violate the rules in the CBA. This means you (and your manager) could have less flexibility than you do now to work your schedule, to adjust your schedule, and to take time off around your class schedule, family obligations and other personal considerations.
Q: Why would Clinica hire an outside law firm during this pre-election phase?
A: Clinica has retained the same labor and employment counsel for many years - as any responsible organization does (and as the Union does, as seen on its federal filings). In the past, at times when Clinica did not realize the labor law implications, there were potential unfair labor practices committed, which the Union filed against Clinica. To avoid litigation and potential violations of the law, Clinica sought legal advice on labor law issues. This is not unusual or uncommon, and to suggest otherwise is not truthful.