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A US Department of Labor (DOL) spokesman added that the department is currently investigating the situation, but did not advise the clinic to stop serving the general public, according to the news source.
Kelley said that the fees collected from patients who are not represented by the union help to support the clinic financially.
"The CIU believes the DOL's position regarding the Clinic is not correct and is a catastrophe for those in the community who are totally dependent on the clinic," Kelley wrote in a statement.
ERISA was enacted on September 2, 1974.