Albany, New York — A New York nursing home that blocked union representatives from entering its facility and called the police on labor organizers has been ordered to reverse course — and the ruling came from a National Labor Relations Board now dominated by Republican appointees.
The NLRB’s decision against Rosewood Rehabilitation and Nursing, issued Wednesday, requires the facility to allow union access, reinstate a fired employee, cover his back wages, and return to the bargaining table with 1199 SEIU United Healthcare Workers East.
The ruling surprised some industry observers, given that the reconstituted board — now operating with three members after a nine-month quorum gap — was widely expected to tilt toward employers under its new majority.
What Led to the Ruling
The dispute stretches back to the early days of the pandemic. Before New York’s 2020 visitation ban, union representatives had been allowed to meet with workers throughout the facility. When restrictions lifted, Rosewood confined them to the basement break room only.
The union filed a complaint. An administrative law judge sided with 1199 SEIU in 2024, and Rosewood appealed, arguing the order would give unions “almost unfettered access” to a residential nursing facility.
The board rejected that framing. It clarified that the order simply requires the facility to restore access it had previously allowed under its collective-bargaining agreement and past practice — nothing more.
A Worker Fired Hours After Being Elected Delegate
The case also involved certified nursing assistant Nicolas Parker, who was fired the same day he was elected as a union delegate. The nursing home said his termination was due to a medical leave issue. The NLRB didn’t buy it.
Wednesday’s ruling again ordered Rosewood to rehire Parker, pay back wages, and cover any taxes he owes on that income. The facility must also roll back unilateral changes to employment terms it made in 2022 for SEIU-represented employees — changes it implemented without bargaining.
Industry reports indicate Rosewood did not respond to requests for comment by Thursday.
Why It Matters
This ruling is one of the first nursing home decisions since the NLRB restored its ability to issue rulings after months of paralysis. It signals that even under a more employer-friendly board, facilities that block union access or fire workers for organizing activity won’t automatically get a pass.
For nursing home operators navigating labor relations right now, the message is clear: procedural violations and retaliatory firings still carry real legal exposure, regardless of the political makeup of the board. As research on union activity in nursing homes has consistently shown, how facilities handle labor relations can have lasting consequences — both legally and operationally.
Rosewood must also address a backlog of grievances filed by the union, including some that were scheduled for discussion in 2022 and never processed.
