NLRB Region-22 Wins Injunction Requiring HSA Cleaning to Rehire Two Unlawfully Fired Workers, Read and Post the Court’s Order, and Cease and Desist from Unlawful Activities
On July 6, 2023, U.S. District Judge Kevin McNulty of the District Court of New Jersey issued an injunction requiring HSA Cleaning, Inc. to reinstate two unlawfully fired workers, read and post the Court’s Order in English and Spanish, expunge the employees’ records, and cease and desist from unlawful activities.
The injunction was issued based on a petition for temporary injunctive relief filed by Region 22 Regional Director Suzanne Sullivan in June 2023. Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek injunctions against employers and unions in federal district courts to stop unfair labor practices and ensure that employees' rights will be adequately protected from remedial failure due to the passage of time.
The Region’s petition explained that HSA Cleaning illegally fired two workers after they spoke to their colleagues about their wages and working conditions, assisted in union organizing efforts with the Service Employees International Union Local 32BU, and engaged in protected concerted activities.
In his decision, Judge McNulty stated that the Board has satisfied its burden of establishing that there is reasonable cause to believe that HSA engaged in unfair labor practices and that the Board has also put forward evidence of the chilling effect that these alleged actions appear to have had on other employees’ support for the union. Judge McNulty also noted that the Board’s application for an injunction was “made in the public interest to remove an employer-created impediment to organization.”
“This injunction ordering HSA Cleaning to reinstate the two unlawfully fired workers in New Jersey is a crucial step in ensuring these workers can freely exercise their right to join together to improve their working conditions,” said NLRB General Counsel Jennifer Abruzzo. “HSA Cleaning, and other employers should take note that the NLRB will continue to vigorously protect workers’ rights to organize.”
“I’m extremely proud of our Regional employees for their hard work on this case,” said Region 22-Newark Regional Director Suzanne Sullivan. “Region 22’s staff is dedicated to effectuating the National Labor Relations Act so that all workers can fully and freely exercise their Section 7 rights.”
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 22 serves areas in New Jersey from its Regional Office in Newark.