Los Angeles, California

In early August 2013, the Service Employees International Union-Long Term Care Workers (Union) launched an organizing campaign at Vista Del Sol Health Services (Employer) in Los Angeles, California. When a manager discovered that organizers were visiting employees at home, she called a meeting and informed staff that thieves claiming to be union organizers were visiting homes in order to steal documentation and other information, and stated that they should not open their doors to them.

In October, 2013, Union representatives held two meetings at a nearby fast food restaurant. Several employees signed a union petition, which was then presented to management. Managers began interrogating employees regarding their union activity and told some that they would be fired unless they signed a form indicating that they had signed the union petition against their will. The Employer also informed some employees that the facility would close if the Union was elected as their collective-bargaining representative.

In mid-to-late October, 2013, several employees, who were active in the union organizing campaign, were fired. The firings were widely regarded by other employees as a message sent by the Employer that if they did not stop their union activities, they also would be let go. 

From mid-October through early December, 2013, the Union filed fifteen charges against the Employer. Following an investigation, the NLRB issued two consolidated complaints so that the statutory violations could be litigated before an Administrative Law Judge.  Also, because of the Employer’s unlawful conduct noted above, the NLRB ‘s Regional Office in Los Angeles also asked a federal court to intercede in order to provide an immediate interim remedy to stop the Employer from continuing to discourage its employees from engaging in union activities and support and to force the Employer to bring back the fired workers and to bargain with the Union as the employees’ representative.  

On January 22, 2015, the court agreed with the NLRB, ordering the Employer to refrain from engaging in further unfair labor practices and ordering the immediate reinstatement of all employees fired because of their union activities. The court also ordered the Employer to recognize and bargain with the Union until the NLRB’s litigation proceedings are completed and a Board order issues.  This latter remedy was necessary because the Union enjoyed majority support from the employees to represent them until the Employer’s conduct eviscerated it.