Sprain Brook Manor Rehab LLC (Sprain Brook) has taken action to reinstate two discharged employees and to rescind subcontracts, following a federal court injunction order. Judge Richard J. Sullivan, U.S. District Court for the Southern District of New York, issued a temporary injunction on March 9th in Fernbach v. Sprain Brook Manor Rehab, LLC. The Court found that there was reasonable cause to believe that the Scarsdale, New York nursing home was a successor employer, who utilized subcontractors and recognized a favored union, to avoid recognizing and bargaining with its employees’ representative, 1199 SEIU United Healthcare Workers East.
On March 23, 2015, Sprain Brook filed an affidavit with the Court announcing that the company had complied with the Order. Pursuant to the federal court’s injunction order, Sprain Brook has also restored work that had been performed by subcontractors to bargaining unit employees, with the wages and benefits they enjoyed prior to the subcontracting.
As required by the order, Sprain Brook has also agreed to recognize and bargain with 1199 SEIU, and has restored 1199 SEIU’s right to access the facility to meet with management and/or employees. The order also required Sprain Brook and its subcontractors to withdraw recognition from International Brotherhood of Trade Unions Local 713, which was enjoined from accepting recognition or union dues at the nursing facility.
Finally, in compliance with the order, Sprain Brook held mandatory on-site meetings where the court order was read to employees during each of three shifts at the facility.
There are limited issues related to compliance to the order still before Judge Sullivan. In addition, litigation of this matter is ongoing before an Administrative Law Judge of the National Labor Relations Board. The preliminary injunction will be in effect until a final order is issued by the National Labor Relations Board.