Kreisberg v. Healthbridge Management, LLC et al

Filing 46

ORDER granting 1 Petition For Injunction Under Section 10(j). Signed by Judge Robert N. Chatigny on 12/11/2012. (Gillenwater, J)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JONATHAN B. KREISBERG,
Petitioner,
V.

:
:
:

Case No. 3:12-CV-1299(RNC)

HEALTHBRIDGE MANAGMENT, LLC, :
et al.,
:
Respondents.

:

RULING AND ORDER CONTAINING INJUNCTION
UNDER SECTION 10(J) OF THE NATIONAL LABOR RELATIONS ACT
Jonathan B. Kreisberg, Regional Director of Region 34
of the National Labor Relations Board, acting for and on
behalf of the Board, instituted this proceeding seeking a
temporary injunction pursuant to section 10(j) of the
National Labor Relations Act, as amended, 29 U.S.C. §
160(j), pending the final disposition of charges of unfair
labor practices now pending before the Board.

The charges

allege that HealthBridge Management, LLC, together with
health care facilities it operates in Connecticut
("Respondents"), have engaged in, and are engaging in, acts
and conduct in violation of sections 8(a)(1)(3) and (5) of
the Act, 29 U.S.C. §§ 158(a)(1)(3) and (5).

The charges

arise from Respondents' dealings with New England Health
Care Employees Union, District 1199, SEIU ("the Union"),

which has been the exclusive collective bargaining
representative of Respondents' employees under separate
collective bargaining agreements effective from December 31,
2004, to March 16, 2011.
The petition alleges the following.

Since January

2011, Respondents and the Union have met for purposes of
negotiating successor collective bargaining agreements.

On

June 17, 2012, Respondents unilaterally implemented
proposals relating to wages, hours and other terms and
conditions of employment that constitute mandatory subjects
for purposes of collective bargaining.

Respondents did so

without first bargaining with the Union to a good faith
impasse and at a time when no good faith impasse was
possible because of unremedied unfair labor practices.
Since July 3, 2012, certain employees of Respondent
represented by the Union have engaged in a strike caused, in
part, by Respondents' unfair labor practices.

On July 19,

2012, the Union, on behalf of the employees engaged in the
strike, made an unconditional offer to return to work.
Respondents refused to reinstate the employees.

Based on

the foregoing, the petition alleges that Respondents have
failed and refused to bargain in good faith with the Union

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and that it is necessary, just and proper to enjoin
Respondents' unfair labor practices.
In considering the petition, the Court is required to
determine whether there is reasonable cause to believe that
an unfair labor practice has been committed and, if so,
whether the requested injunctive relief is just and proper.
The reasonable cause standard is satisfied when the Board
provides evidence showing a likelihood of a violation.
Injunctive relief is just and proper when it is necessary to
prevent irreparable harm and preserve the status quo as it
existed before the unfair labor practices at issue occurred.
See Hoffman ex rel. N.L.R.B. v. Inn Credible Caterers, Ltd.,
247 F.3d 360, 364–70 (2d Cir. 2001).
After careful review, the Court finds that there is
reasonable cause to believe that Respondents have failed and
refused to bargain with the Union in good faith as alleged
in the petition.

The Court further finds that the requested

injunctive relief is just and proper because there is a
pressing need to restore the status quo as it existed prior
to Respondents' unilateral implementation of its proposals
as alleged in the Petition.

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Accordingly, the petition for injunctive relief is
hereby granted and it is further ordered:
(1) on or before December 17, 2011, Respondents shall
offer every striker reinstatement to his or her former
position, without prejudice to their seniority, rights and
privileges previously enjoyed, displacing, if necessary,
any other employees hired, transferred or reassigned to
replace them;
(2) Respondents shall reinstate the previous wages,
benefits and other terms and conditions of employment for
the employees that were in place on June 16, 2012, and
rescind any or all unilateral changes implemented by
Respondents;
(3) Respondents shall bargain in good faith with the Union
as the exclusive collective bargaining representative of
the employees;
(4) Respondent shall post copies of this Order at all of
its facilities where notices to employees are customarily
posted, including electronic posting if respondent
customarily communicates with employees by such means;
said postings shall be maintained free from all
obstructions and defacements; and agents of the Board
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shall be granted reasonable access to the facilities to
monitor compliance with this posting requirement; and
(5) on or before December 30, 2012, Respondent shall file
with this Court, and submit a copy to the Regional Director
of Region 34 of the Board, a sworn affidavit from a
responsible official, stating with specificity the manner
in which respondent has complied with this Order,
including the exact locations where respondent has posted
the required documents.

So ordered this 11th day of December 2012.

/s/RNC
Robert N. Chatigny
United Stated District Judge

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