Local 5147 Update on NLRB Settlement with MHA

The Following is an update from the NLRB Attorney handling their settlement with MHA.

REMINDER: HPAE opposed the settlement for several reasons and therefore has no official role in the distribution of the money. MHA made monthly payments to the NLRB from October 2019 to May 2021 – and the money is in the NLRB’s possession.

The attorney apologized for the delay in distributing the money.

The NLRB staff have finally calculated the amounts owed to each individual – they now need to calculate interest for all recipients except those getting 401(k) money – the Board’s rules on interest don’t apply for pension money. It was calculated for the others (illegally laid off members, RN Interns, NA Interns, etc) through 2017 and now they have to do those calculations from 2018 to 2023. They expect to have “final” numbers by early summer.

Once they have those numbers – they will then figure out what percentage of those numbers there is sufficient money to distribute – when they reached the settlement, they estimated there was sufficient money to pay 71% — however, since they only did a back of the envelope calculation for the 401(k), which was about $200k short of the actual number, that would reduce the amount available to around 60-65% and once they add the new interest calculation, the initial distribution will be in the neighborhood of 50-55%.

When the calculations are final, they will begin asking the Finance Department to start issuing checks to anyone who returned an information sheet – we sent them out in summer 2020. If you submitted a form directly to the NLRB or through Carlton Levine, then you are in this initial group. If you did not submit the form or there has been a change to your contact information or banking information (if you elected direct deposit) you should complete the attached form and return it to clevine@hpae.org ASAP. We will then submit it to the NLRB through their electronic system for you and you should be added to the first group.

They usually spend about a year trying to track everyone down – once they have completed their good faith attempt to find everyone, the money designated for those they can’t find will be put back in the pool and members will likely get a supplemental distribution (they will again calculate what percentage there is sufficient money to fund an additional % of what is owed, everyone will get a supplemental check for that amount).

Frustratingly, we have been told that it takes their Finance department 6 to 9 months to issue checks following receipt of the Region’s request –the attorney had no idea what the current timeframe is. But at least the ball is rolling and members who have completed the forms should get their initial distribution in about a year – hopefully sooner.

As soon as we have more information, a further update will be sent out.

Click here for the Recipient Information Form if you need to fill one out and submit it.

In solidarity,

Carlton Levine
HPAE Staff Representative