1199SEIU United Healthcare Workers East and two home health care providers have called on the Second Circuit to uphold a federal judge’s decision confirming an arbitrator’s authority in a large-scale wage and hour grievance—despite opposition from a handful of workers pursuing separate lawsuits.
The Union, represented by James Reif of Gladstein, Reif & Meginniss, LLP, argued the appeal risks disrupting a massive arbitration process and emphasized that labor law gives unions the right to act on behalf of members in such disputes.
At the heart of the case is an April 2020 arbitration decision in a class action grievance over alleged wage violations by more than 40 home health companies, affecting over 100,000 current and former union members.
The Union and the companies now urge the Second Circuit to find that the lower court ruling should stand, saying the workers lack standing and that the arbitrator acted within his authority.