Category: News

A New York federal judge has confirmed a $30 million arbitration award benefiting more than 100,000 current and former union members, marking a major legal victory for 1199SEIU United Healthcare Workers East, represented by James Reif of Gladstein, Reif & Meginniss, LLP. The decision establishes a special wage fund to compensate underpaid workers.

The dispute stems from allegations by 1199SEIU that over 40 home care agencies violated collective bargaining agreements by underpaying home care workers. The Arbitrator ruled in favor of the Union and issued an award requiring the companies to contribute $30 million into a special wage fund to compensate underpaid workers. The U.S. District Court for the Southern District of New York found that the Union argued persuasively and confirmed that the Award was “reasonable and well founded,” giving it full legal effect under the Labor Management Relations Act.

Read the order.

Coverage by Law360 can be found.

A National Labor Relations Board (NLRB) judge has ruled that St. Anthony Community Hospital in Warwick, New York, violated federal labor law by firing radiology technician and union leader Andrea Roe. The hospital had claimed it dismissed Roe over a health privacy violation, but the NLRB found the firing was motivated by anti-union animus.

NLRB Judge Benjamin W. Green issued a detailed 26-page decision confirming that hospital management engaged in a campaign to identify and retaliate against union organizers, including Roe, who led the successful campaign to unionize the staff with 1199SEIU United Healthcare Workers East. 1199SEIU was represented at the hearing by Jessica E. Harris, of Gladstein, Reif & Meginniss, LLP.

The judge cited testimony and emails showing management’s hostility toward union activity, including efforts to single out organizers as “ringleaders” and viewing union supporters as disloyal.

As a remedy, the judge ordered St. Anthony to reinstate Roe with full back pay and restore her to her position, finding that the hospital’s conduct violated the National Labor Relations Act.

The case is St. Anthony Community Hospital v. 1199SEIU United Healthcare Workers East, Case No. 02-CA-278511, before the NLRB Division of Judges.

Read Law360’s coverage.

Gladstein, Reif & Meginniss LLP is proud to announce that several of its attorneys were selected for inclusion in the Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers guide for 2022. The GRM attorneys recognized are:

• Amy Gladstein* – Workers’ Rights; Unions
• Katherine H. Hansen – Unions; Employee Rights
• Kent Hirozawa – Unions; Employee Rights
• Beth Margolis – Unions; Employee Rights
• William S. Massey – Unions & Collective Bargaining
• Walter “Terry” Meginniss Jr. – Unions & Collective Bargaining
• James Reif* – Employee & Civil Rights
• Amelia Tuminaro – Unions; Employee Rights

* Denotes members of the Lawdragon Hall of Fame

This honor reflects GRM’s continued leadership in protecting workers and unions through litigation, advocacy, and collective bargaining.

View the full publication online: The 2022 Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers.

Partners Amy Gladstein, Bill Massey, and Jessica Harris were selected for the Super Lawyers 2022 New York Metro lists. Gladstein and Massey were recognized as Super Lawyers, while Harris was named to the Rising Stars list.

Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice, with only about 5% of attorneys in the state selected as Super Lawyers and no more than 2.5% of attorneys named Rising Stars.

Their recognition reflects GRM’s excellence in labor and employment law and its continued leadership in advocating for workers and unions.

A nearly decade-long wage dispute between 1199SEIU United Healthcare Workers East and two healthcare companies has culminated in a major legal victory for the union, with a federal judge confirming an arbitration award worth close to $800,000 in back pay, interest, and paid time off for underpaid workers. The union was represented by Katherine Hansen of Gladstein, Reif & Meginniss LLP, who helped guide the case through multiple rounds of arbitration and court proceedings since 2013.

The Arbitrator issued decisions in favor of the union, finding that the employers had not been adequately paying workers the minimum wage by failing to classify and compensate certain roles — including housekeeping, dietary, and maintenance staff — in accordance with the requirements under the CBA. The U.S. District Court for the Southern District of New York confirmed the Award, and approved the union’s request for attorney fees, litigation costs, and both pre- and post-judgment interest.

Read the order.

Coverage by Law360 can be found

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

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

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.

Read the brief.

Coverage by Law360

Gladstein, Reif & Meginniss LLP is proud to announce that attorneys Amy Gladstein, James Reif, Walter M. Meginniss Jr., and Beth Margolis continue to maintain the Martindale-Hubbell AV Preeminent® rating for 2022. This honor, based entirely on peer review, is awarded to attorneys who demonstrate the highest levels of legal skill and ethical integrity.

The AV Preeminent rating is Martindale-Hubbell’s oldest and most respected distinction, representing the pinnacle of professional achievement in the legal community. By consistently achieving this recognition, GRM’s attorneys continue to demonstrate their leadership in labor and employment law and their enduring commitment to the labor movement.

Four New York City EMTs and their union are urging a Manhattan federal judge to rule that the city violated their constitutional rights by restricting their work after they spoke publicly about the harsh conditions they faced during the COVID-19 pandemic. They are represented by Walter Meginniss Jr. and Amelia Tuminaro of Gladstein, Reif & Meginniss, LLP, who are leading the legal effort to affirm the workers’ due process rights and set a precedent for how public employees must be treated when speaking out on matters of public concern.

In their legal filing, the EMTs, along with their union, the Uniformed EMTs, Paramedics and Fire Inspectors Local 2507, argue that New York City deprived them of their Fourteenth Amendment right to pursue their profession without being given notice or a chance to respond to alleged violations. The EMTs were barred from performing patient care or field duties, driving FDNY vehicles, working overtime, or participating in 911 ambulance services — restrictions they say were never properly explained at the time.

The city allegedly justified the restrictions months later as related to supposed HIPAA violations during the media coverage. But according to the EMTs, the only opportunity any of them had to respond came after they sued in June 2020 — and just days after that, the restrictions were lifted.

Read the EMTs’ brief.

Coverage by Law360 can be found.