Month: December 2020

CareOne at New Milford, a New Jersey nursing home, is asking the D.C. Circuit to overturn a National Labor Relations Board (NLRB) decision that found it unlawfully cut the work hours of unionized employees from 40 hours a week to 37.5 hours a week, arguing the NLRB misapplied the facts and failed to follow proper legal standards. The employees are represented by 1199SEIU United Healthcare Workers’ East, whose attorneys in the case are Jessica Harris and William Massey of Gladstein, Reif & Meginniss, LLP.

In its brief, CareOne claims the Board wrongly assumed that a 40-hour workweek was the status quo for full-time employees, when the company’s policy defined full-time work as 37.5 hours or more per week. The facility contends that the NLRB’s general counsel and the union failed to prove that a 40-hour schedule was standard, relying instead on what it called a “cherry-picked” set of payroll records.

The D.C. Circuit will now determine whether the NLRB properly evaluated the evidence and applied the law in concluding that the nursing home violated federal labor law.

Read Law360’s coverage.

1199SEIU United Healthcare Workers East, represented by Katy Hansen of Gladstein Reif & Meginniss, LLP, has petitioned a federal court in New Jersey to compel Manhattanview Healthcare Center to pay nearly $24,000 in overdue 401(k) contributions and accumulated interest, following an arbitration ruling from almost eight years ago.

The issue originated in 2012 when 1199SEIU filed a grievance claiming Manhattanview failed to make the required retirement contributions for several employees between 2008 and 2011, in violation of their collective bargaining agreement. Under the agreement, the employer is obligated to contribute one-half percent of gross wages for eligible workers.

An arbitrator ruled in favor of the union in May 2012, and the union subsequently submitted its calculation of the unpaid amounts. While Manhattanview did not dispute the numbers at the time, it did not fulfill its payment obligations despite repeated demands from the union.

In May 2020, after the continued delay, the arbitrator ordered Manhattanview to pay approximately $11,500 in outstanding contributions plus around $12,500 in interest accrued through August 2020. The nursing home contested the enforcement, arguing the union was attempting to alter the original award, but the arbitrator rejected this claim.

The union then sought judicial enforcement of the arbitration decision, pointing out that federal law mandates courts to uphold arbitration awards based on collective bargaining agreements. The union maintains that the arbitrator acted within his rights and that Manhattanview must comply with the payment directive.

Read the Union’s brief.

Read Law360’s coverage.