Labor Board Judge Finds Employer Committed Unfair Labor Practice By Ceasing To Pay Pension Contributions After Labor Contract Expired

On May 21, 2015, a National Labor Relations Board Administrative Law Judge issued a decision and recommended order finding that StaffCo of Brooklyn, LLC, the employer of a unit of registered nurses and nurse practitioners represented by the New York State Nurses Association (NYSNA), committed an unfair labor practice by ceasing to pay pension contributions for the unit employees after its last collective bargaining agreement with NYSNA had expired.  The judge found that StaffCo violated its statutory duty to maintain the status quo with respect to terms of employment when it stopped making the pension contributions, even though there was no longer a contract in effect between the parties.  The judge’s decision, which is subject to appeal to the Board, orders StaffCo to make the contributions, with interest, to NYSNA’s pension plan or, if the plan does not accept the contributions, to an escrow account negotiated with NYSNA.  See StaffCo of Brooklyn LLC and New York State Nurses Association, Case No. 29-CA-134148 (May 21, 2015).

Cohen, Weiss and Simon LLP attorney Kate Swearengen litigated the case for NYSNA.

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