1199SEIU Seeks Court Order to Reinstate Fired Worker at NJ Health Facility

A major health care union is urging a federal judge to enforce an arbitrator’s ruling that mandates the reinstatement of a longtime worker fired for allegedly being “loud and disrespectful” during a meeting.

1199SEIU United Healthcare Workers East, represented by William S. Massey and Katherine H. Hansen of Gladstein, Reif & Meginniss, LLP, called on the court to confirm an arbitration award that found the worker, a certified nursing assistant with over 20 years of service, was terminated without just cause. The Union argued that his termination was in retaliation for his active participation in labor and pandemic-related protests.

The arbitration decision concluded that the worker had not engaged in the misconduct alleged by management, which claimed he created a hostile work environment and incited unrest among staff.

The Union now says the employer has failed to comply with the ruling, which also includes back pay, restored benefits, and compensation for legal fees and interest. In a strongly worded motion, the union stated that the worker’s dismissal has had a substantial impact on both his livelihood and the level of patient care at the facility.

Read the motion.

Coverage by Law360 can be found

Union Pushes for Court Approval of $30M Wage Fund for Underpaid Home Health Workers

1199SEIU United Healthcare Workers East, represented by James Reif of Gladstein, Reif & Meginniss, LLP, has asked a federal judge to uphold an arbitrator’s award establishing a $30 million wage fund with company contributions to compensate home health care workers underpaid in violation of their labor contract.

The powerful healthcare union urged the U.S. District Court for the Southern District of New York to confirm the arbitrator’s decision that found more than 40 home health agencies violated wage and hour provisions of a collective bargaining agreement. The arbitrator’s second award mandates company-funded contributions into a special pool to reimburse workers for unpaid hours dating back to January 2019.

The arbitrator rejected companies’ efforts to reduce their share of the payment based on individual compliance levels, opting instead for per capita contributions to ensure timely restitution for all affected employees. He cited the inefficiency and delay that individualized damage assessments would cause.

Read the brief.

Coverage by Law360 can be found