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

Published on March 8, 2022

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