The D.C. Circuit largely upheld a National Labor Relations Board (NLRB) ruling against Northeast Center for Rehabilitation and Brain Injury, affirming the board’s December 2022 findings that the facility violated labor laws by firing two workers involved in a union drive and increasing surveillance of employees during the campaign.
The court agreed with the NLRB’s conclusion that the rehabilitation center had unlawfully monitored workers during off-hours to identify union supporters, a clear violation of employees’ rights under the National Labor Relations Act.
While the D.C. Circuit ruled that the distribution of informational flyers by the facility was not illegal, it emphasized that the center’s actions—such as the unlawful surveillance and firing of union supporters—were clearly in violation of labor laws.
This decision is a significant win for 1199SEIU United Healthcare Workers East, which had intervened in the case. The union was represented by Kent Hirozawa of Gladstein, Reif & Meginniss LLP.
This ruling reaffirms the NLRB’s authority to protect workers from unlawful employer interference during unionization efforts.