Kreisberg v. Healthbridge Management, LLC et al

Filing 111

ORDER: Re 58 First MOTION for Contempt filed by Jonathan B. Kreisberg. Please see attached Ruling and Order for details. Signed by Judge Robert N. Chatigny on 12/23/2013.(Rickevicius, L.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JONATHON B.KREISBERG,
Regional Director of Region 34
of the National Labor Relations
Board, for and on behalf of the
NATIONAL LABOR RELATIONS BOARD,
Petitioner,

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V.

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HEALTHBRIDGE MANAGEMENT, LLC,
ET AL.,

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Respondents.

3:12-CV-1299(RNC)

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RULING AND ORDER ON MOTION FOR CONTEMPT
Petitioner Jonathon B. Kreisberg, acting on behalf of the
National Labor Relations Board (“the Board”), brings this motion
for contempt (ECF No. 58) against HealthBridge Management, LLC
(“HealthBridge”) and Lisa Crutchfield, HealthBridge's Senior Vice
President of Labor Relations, alleging that they have failed to
comply with the injunction issued in this case on December 11,
2012 (ECF No. 46), pursuant to Section 10(j) of the National
Labor Relations Act, 2 U.S.C. § 160(j), enjoining temporarily,
pending a final adjudication by the Board, alleged unfair labor
practices relating to a dispute between HealthBridge and New
England Heath Care Employees Union 1199, SEIU.

See Kreisberg v.

HealthBridge Mgmt., LLC, 2012 WL 6553103 (D. Conn. Dec. 14,
2012), aff’d, 732 F.3d 131 (2d Cir. 2013)((“the 10(j)
Injunction”).

The intent of the 10(j) Injunction was to restore the status
quo as it existed prior to the alleged unfair labor practices by
requiring the respondents to reinstate Union employees to their
employment at nursing facilities operated by HealthBridge in
Connecticut ("the Centers") with the same wages and benefits that
were in effect on June 16, 2012.

Although the employees have

been reinstated, it is undisputed that the wages and benefits
have not been restored as required by the 10(j) Injunction.1
On May 30, 2013, petitioner filed the present motion for
contempt pursuant to Fed. R. Civ. P. 70(e).

After careful

consideration, the Court finds that HealthBridge has failed to
restore the employees’ wages and benefits in violation of the
10(j) Injunction, and that HealthBridge is in civil contempt.
Accordingly, it is hereby ordered as follows:
1. The motion for contempt (ECF No. 58) is granted as to
HealthBridge.
2. HealthBridge shall comply with all the provisions of the
10(j) Injunction and this Order;

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Petitioner has shown that HealthBridge has failed to: (a)
provide employees with a paid lunch break; (b) pay employees
daily overtime for hours worked in excess of eight hours per day;
(c) allow employees to accrue sick leave at the pre-June 16
accrual rates; (d) provide employees with health insurance at no
monthly cost; (e) contribute to the Union pension fund; (f)
contribute to the Union training fund; (g) pay a yearly uniform
allowance; (h) allow employees to accrue paid personal days; and
(i) pay employees their wages on a weekly, rather than biweekly,
basis.
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3.

HealthBridge shall reinstate and maintain the previous

wages, benefits, and other terms and conditions of employment for
the employees of the Centers that were in place on June 16, 2012;
4.

HealthBridge shall compensate and make whole all

employees of the Centers for wages, benefits, and other terms and
conditions of employment, since February 1, 2013, plus normal
interest as computed in Board proceedings, lost because of
HealthBridge’s failure to reinstate and maintain the terms and
conditions of employment in effect on June 16, 2012, as required
by the 10(j) Injunction;
5.

HealthBridge shall make available to Petitioner for

inspection and copying all business records necessary to
determine the amount of pay and benefits the employees are
entitled to receive pursuant to the 10(j) Injunction and this
Order;
6.

Within seven days of the date of this Order,

HealthBridge shall post copies of this Order at each of the
Centers in all places where the 10(j) Injunction is posted;
maintain such postings free from all obstructions and defacements
for the duration of the 10(j) Injunction; allow all bargaining
unit employees to have free and unrestricted access to said
postings; and grant reasonable access to agents of Region 1 of
the Board to all such locations to monitor compliance with this
posting requirement;

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7.

Within fourteen days of the date of this Order,

HealthBridge shall serve copies of this Order on each owner,
officer, and management employee of each of the Centers, as well
as each owner, officer and management employee of HealthBridge,
and obtain signed acceptances of such copies from each of them,
and provide the signed acceptances to the Regional Director of
Region 1 of the Board;
8.

Within twenty days of the entry of this Order,

HealthBridge shall file and serve an affidavit by a responsible
corporate official of HealthBridge setting forth with specificity
the manner in which HealthBridge has complied with the terms of
the 10(j) Injunction and this Order;
9.

Upon the failure of HealthBridge to comply with each of

the paragraphs of this Order, HealthBridge shall pay the Board
$10,000, and a daily compliance fine of $500.

For any subsequent

violation of any provision of the 10(j) Injunction, HealthBridge
shall pay the Board a fine of $5,000.
10.

Within twenty days of the entry of this Order, the

Board may file and serve a motion for attorneys’ fees and costs
incurred in connection with the motion for contempt.

Within

twenty-one days thereafter, HealthBridge may file a memorandum in
opposition to the motion for fees and costs.
So ordered this 23rd day of December 2013.

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_____/s/ RNC______________
Robert N. Chatigny
United States District Judge

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