Region 7-Detroit Obtains Settlement with Backpay, Frontpay, Consequential Damages and Training Remedies

On March 25, 2022, Elizabeth Kerwin, the Regional Director for Region 7-Detroit of the National Labor Relations Board, approved a settlement agreement requiring that Dearborn Speech and Sensory Center, Inc. d/b/a Metro EHS Pediatric Therapy:

• Pay $67,335 in backpay, frontpay, and consequential damages to a former employee;
• Expunge any reference to her unlawful discharge in her employment record and provide her with neutral job references;
• Post and email a remedial notice to employees;
• Provide a training session about employee rights under the National Labor Relations Act for its managers and supervisors to be conducted by an agent of the NLRB; and,
• Provide a training session to its employees about the National Labor Relations Act, to be conducted by an agent of the NLRB.

The settlement agreement resolves a complaint issued against Dearborn Speech and Sensory Center that began with a charge filed by a former employee on August 13, 2021. The former employee alleged that Dearborn Speech and Sensory Center acted unlawfully by discharging her because she engaged in protected concerted activities by protesting terms and conditions of employment  in order to discourage other employees from engaging in such conduct. 

“This settlement achieves the General Counsel’s vision for robust remedies for violations of the Act, including both monetary and non-monetary relief,” said Region 7 Regional Director Elizabeth Kerwin. “I commend the Regional office staff who investigated the matter and reached this settlement that brings justice to the individual in the case and that individual’s workplace. We will continue to vigorously defend all workers’ rights to engage in activities protected by Section 7 of the Act.”  

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. Region 7 serves areas in Michigan from its Regional Office in Detroit and its Resident Office in Grand Rapids.