Temporary injunction reinstates nine workers and orders Employer to bargain with the Union and cease and desist from committing unfair labor practices, until underlying NLRB case resolved

A United States District Court judge granted a petition for temporary injunction filed by Region 31 (Los Angeles) of the National Labor Relations Board (“NLRB”) against Vista Del Sol Health Services, Inc. d/b/a Vista Del Sol Healthcare (“Employer”).

The injunction ordered:

  • Interim reinstatement of two discharged and seven “laid off” employees,
  • A notice posting, and
  • A notice reading.

In addition, the court ordered the Employer to cease and desist from:

  • Making it appear to employees as though it is monitoring their Union activities;
  • Interrogating employees about their support for a Union;
  • Instructing employees to stop communicating with the Union;
  • Promising or granting employees new or better benefits to discourage Union support;
  • Implicitly threatening employees with unspecified reprisals if they choose to be represented by or support the Union;
  • Making coercive statements to employees;
  • Threatening to enforce more strictly the Employer’s tardiness and uniform policies;
  • Firing or laying off employees because of their Union membership or support;
  • Threatening employees with closure of the Employer’s facility and job loss for engaging in protected concerted and/or Union activities.

The judge further granted the extraordinary remedy of an interim Gissel bargaining order, finding that the Employer engaged in unfair labor practices that impeded holding a Union election.  The bargaining order requires the Employer to recognize and, upon request, bargain in good faith with the Union in question.

The underlying case arose from thirteen charges filed by Weinberg, Roger & Rosenfeld on behalf of its Union client.  Region 31 issued complaint and pursued the matter to a hearing that closed on January 28, 2015.  The temporary injunction issued by the judge will remain in effect until the underlying case is fully resolved by the NLRB.

In granting the injunction, the court found that the Region’s argument was likely to succeed, that irreparable harm would likely occur if the injunction was not granted, and that the balance of hardships and public interest weighed heavily in favor of granting the injunction.

For questions regarding this case, Unfair Labor Practice charges, or extraordinary remedial orders, contact your labor law counsel.

By Lisl Duncan | February 2, 2015

Legal Developments