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A visitor in 2016 enters Infinity Dots Mirrored Room by artist Yayoi Kusama at The Mattress Factory, a contemporary art museum on the North Side.
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National Labor Relations Board closes Mattress Factory probe

Michael Henninger/Post-Gazette

National Labor Relations Board closes Mattress Factory probe

The Mattress Factory museum announced Thursday that the National Labor Relations Board has closed an investigation regarding complaints made against the museum by one current and three former staff members.

In September, four women alleged sexual harassment in the workplace and inadequate response by management to those complaints. Last week a settlement was reached between the museum and the complainants. The NLRB has now co-signed the agreement and closed the investigation.

Megan M. Block, the women’s attorney, confirmed that a new museum sexual harassment policy was part of the settlement which includes mandatory training for staff and guidelines to follow if there is a future incident. The policy is to reflect Equal Employment Opportunity Commission recommendations.

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These include a time limit of two to three weeks for a supervisor or manager who receives a sexual harassment complaint to investigate and respond to the employee.

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All employees must receive sexual harassment and other workplace training.

The museum must affirm that no retaliation may be made against an employee who makes a complaint or participates in any activity regarding a complaint.

The museum also will hire at least a part-time human resources director, Ms. Block said. “This is important for two reasons. Often the person on staff who a worker feels most comfortable to complain to is the HR person. And secondly that person will make sure policy is up to date and in line with the EEOC recommendations.”

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She said there are two settlements involved. The private settlement addresses such things as an HR hire and implementing sexual harassment policy.

The other is the settlement agreement with the NLRB. “Pursuant to the agreement the museum has to post a notice to employees affirming their rights under the NLRB.

Museum acting director Judith O’Toole said the museum has a 60-day period to roll out all of the changes, Among those are posting in a public space visible to all staff a notice that outlines rights that all staff members have. She said those are not unusual to an organization but slightly structured to their situation and they advise employees, for example, that they can’t be retaliated against, restricted from gathering with others to discuss complaints or prevented from discussing work situations.

A compliance officer will be assigned to the museum for that period to make sure it is following through.

Ms. Block said of the NLRB filing that it is “always empowering to have your rights affirmed. The women put in a lot of work to get to a place where they felt comfortable. The conversations were difficult. It’s personal and they experienced trauma. This was necessary for the healing process.”

Neither Ms. Block nor Ms. O’Toole would comment on whether there were monetary damages awarded saying that while some parts of the settlement are public some are confidential.

In response to the women’s complaint made in September to the NLRB, the museum board placed museum executive director Michael Olijnyk on temporary paid leave later that month. The board has not taken any further action on his status. He continues to live in an apartment on the sixth floor of the museum, which he had shared with museum founder Barbara Luderowski. She died in May at age 88.

M. Thomas: mthomas@post-gazette.com or 412-263-1925.

First Published: January 3, 2019, 11:19 p.m.

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A visitor in 2016 enters Infinity Dots Mirrored Room by artist Yayoi Kusama at The Mattress Factory, a contemporary art museum on the North Side.  (Michael Henninger/Post-Gazette)
Michael Henninger/Post-Gazette
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