VICTORY! NLRB Judge Says Fired Pro-Union Nurse Was Not a Supervisor—Awards Her Compensation and Reinstatement
A Nurse at Mt. Sinai was Wrongfully Fired for Engaging in Union Activities
BACKGROUND
Mary, a nurse at Mount Sinai South Nassau Hospital, became involved with the New York State Nurses Association (NYSNA) union organizing campaign underway there. Mount Sinai interrogated and threatened her with disciplinary action if she continued to support the union, and ultimately fired her because she would not comply with their demands. Mary believed she was wrongly fired and sought the expert legal counsel of Employment Attorney Raymond Nardo.
THE CASE
The hospital alleged that Mary’s position was supervisory, and she was therefore exempt from the protections of the National Labor Relations Act (NLRA), a 1935 Federal Law enacted to shield workers’ rights to union organizing. In response, Employment Attorney Nardo thoroughly and expertly presented materials that refuted Mount Sinai’s claim. After a hearing brought by the NLRB's General Counsel, a National Labor Relations Board (NLRB) Administrative Law Judge considered the evidence and found that Mary’s nursing responsibilities did not rise to the NLRA’s definition of supervisory status. Therefore, she was free to support the Union and join the organizing campaign. Consequently, the judge found Mary’s union activity was protected under the NLRA, and that the hospital illegally fired her. The judge ordered Mount Sinai to offer Mary reinstatement of her position or a similar position at Mount Sinai, and awarded her compensation for the financial harm she endured due to her being fired. Mary was understandably thrilled with the outcome of the legal proceedings, which the Hospital appealed.
CONCLUSION
This victory exemplifies the role of legal advocacy in upholding individuals' rights in the face of unjust termination. Employment Attorney Raymond Nardo helped Mary win reinstatement to her former job and to receive compensation for her financial losses. If you encounter obstacles to union organizing at your workplace, contact Employment Attorney Raymond Nardo for honest, professional, results-focused legal advice that can help you understand your rights and options.
