A National Labor Relations Board (NLRB) judge has ruled that a New York rehabilitation facility illegally fired two employees and a supervisor and engaged in unlawful surveillance during a 2019 union organizing campaign.
The decision stems from a case involving NCRNC LLC, which operates as the Northeast Center for Rehabilitation and Brain Injury in Lake Katrine, NY. The case was brought on behalf of union 1199SEIU United Healthcare Workers East, with legal representation by Amelia Tuminaro of Gladstein, Reif & Meginniss LLP.
In his ruling, Administrative Law Judge Ira Sandron found that the company terminated two union-supporting workers, Josh Endy and Cathy Todd, without valid cause. The judge also concluded that supervisor Tara Golden was fired after refusing to carry out management’s directive to monitor and report on employees’ union views—an action protected under federal labor law, despite her supervisory status.
According to the decision, NCRNC brought in an outside consultant to guide management in responding to the union campaign, instructing managers to engage with staff off the clock to subtly assess their views on unionization. Judge Sandron determined this practice constituted unlawful surveillance. The ruling also criticized the company for falsely attributing a wage freeze to the union’s filing of an unfair labor practice charge, another violation of federal labor law.
Judge Sandron rejected the company’s stated reasons for the firings. Todd, a 12-year employee with no prior discipline, was allegedly dismissed over patient complaints, which the judge found unsubstantiated. Endy’s firing was allegedly due to behavioral issues, but the judge found no credible evidence to support that claim. Golden’s dismissal followed her refusal to participate in what she called a “witch hunt” against pro-union staff, a comment made during a meeting with the consultant.
The judge recommended reinstatement for all three workers. The decision follows an earlier federal court ruling in 2020 that granted a preliminary injunction against the company related to the same allegations.