LLUH Employee Claims Unfair Dismissal Following Labor Organizing Attempt

A registered dietitian with Loma Linda University’s Behavioral Medicine Center claims she was let go for attempting to organize workers for higher wages and fairer treatment. On December 28, Tholia Davila sent an email to approximately 700 administrators stating recent wage increases were inadequate.

An email on behalf of LLUH read, “Ms. Davila was a temporary employee working with our Loma Linda University Behavioral Medicine Center team. Her temporary employment ended, as scheduled, on January 22, 2022. We cannot provide additional comment due to the confidentiality of personnel matters.”

According to Davila, she was terminated for using the e-mail system for “personal” use. On her last day, Davila sent a copy of the original email to all LLUH employees. It was quickly removed from the server, and she was escorted from the building.

A former BMC Registered Dietetic Technician, who wished to remain anonymous, said the entire substance abuse recovery staff clapped for Davila before she left.

“Tholia is a hero,” she said. Everyone she knows at LLUH is talking about Davila’s email.

The technician left LLUH after six years, because it was “not feasible to be living in this area making as much as I made.”

Davila, who began working at the BMC in 2017, was one of the only dietitians there with training in mental health care. She left in 2020 due to burnout. In early 2021, her supervisor asked her to return because another dietitian was going on leave. Davila returned in April 2021.

In September, the employee returned, and Davila was offered a per diem rate. According to Davila, she asked for higher pay, but did not hear back and continued per diem. As of January 25, Davila’s former position, Dietition Specialist 1, was listed as open.

California Labor Code states, “An employment, having no specified term, may be terminated at the will of either party on notice to the other.”

An exception in the National Labor Relations Act protects employees who engage in “concerted activity,” including “bringing group complaints to the employer’s attention” or “trying to induce group action.”

Davila’s email claimed LLUH food service is inadequately staffed, and bemoaned cuts to the BMC. “The money did not disappear throughout this pandemic,” she said. “A few people have gained incredible amounts of money while most people are struggling and burning out.”

LLUH tax filings available on Propublica show the seven top LLUH executive salaries did increase between 2019 and 2020 from $3,747,433 to $4,179,945. The hospital system’s revenue also increased, and these top salaries dropped from 12.7% of total revenue to 11.49%.

Like top executives, total salaries increased, but decreased as a percentage of total revenues. Of the increased salaries and wages, the top seven executives received 25%.

Yaritza Lopez, former LLUH food service worker, said management there was “cold hearted.”

Lopez started at LLUH in 2019, and was furloughed in January 2021. At LLUH, Lopez said, she made under $14.50 an hour. At St. Bernardine’s, she said, she started at $16.07 and is already making $17.25.

Lopez appreciated Davila’s email. “In the middle of a pandemic…without food service, you can’t feed your patients. We’re still showing up. We have the same exposure. Our wages don’t reflect that.”

When food service jobs were cut, “those that stayed had to do that extra work without extra pay,” Lopez said. “They felt like they owned us because we worked for them.”

Davila’s email ended in a post script: “Did you know that it is legal to strike in California even if you don’t have a union. Just a fun fact I wanted to share with everyone.”

Davila plans to “organize in a safe space….The people fighting this pandemic are not being protected and literally left to die, while not being paid a living wage or even an ethical one, and then being cast out when we try to stand up for each other.”

A January 31 email from Lyndon Edwards, Chief Operating Officer expressed concern over " very recent organizing activity within the hospital” and informed LLUH managers of mandatory labor relations meetings and trainings.

Loma Linda did not respond to requests for further comment on claims regarding wages or time off. When asked about scheduled “morale-boosting programs,” they replied, “Loma Linda University Health is committed to employee engagement, and we currently have a variety of different initiatives.”