Philly RNs Laid Off After Union Vote – NLRB Orders Reinstatement

In a recent National Labor Relations Board (NLRB) decision, an administrative law judge found that New Vitae, Inc., doing business as New Vitae Wellness and Recovery, violated federal labor law by retaliating against nurses for union activity and failing to meet its collective bargaining obligations. 

The decision, issued on December 2, 2025, highlights important rights nurses have regarding union representation and workplace protections under the National Labor Relations Act (NLRA). 

What Happened?

RNs at three Philadelphia residential treatment facilities, including full time, part time, and per diem nurses, voted on March 16, 2023 to be represented by District 1199C, National Union of Hospital and Health Care Employees, AFSCME, AFL CIO. Before the election, eight RNs had signed a September 2022 letter about pay, staffing, and respect, and internal notes identified “Myra, Danita, and Paula” as key union supporters while directing that RNs Myra Heard and Danita Alexander be excluded from a management forum about the vote.

After the union was certified, the union asked to begin bargaining, but contract negotiations did not start until October 10, 2024, about 17 months later. During this period, RN Danita Alexander became a focal point in the case after speaking up about workplace issues and later challenging how management treated her. Less than a month after bargaining began, New Vitae told the union it was laying off all bargaining unit nurses and subcontracting their work to staffing agencies effective November 1, 2024.

In April 2023 Alexander took part in a voluntary “stay interview,” put her name on it, and raised concerns about nepotism, favoritism, retaliatory scheduling, and problems with how non RN “mentors” did their jobs. Within days, HR treated her comments as an investigation, suspended her when she initially declined a follow up meeting, refused to pay her for the suspension days or mandatory meetings, and ordered her not to talk with coworkers about issues like nepotism and retaliation under threat of discipline.

After she returned, her approved shifts dropped compared with prior months while a per diem nurse who opposed the union picked up many available shifts, and Alexander complained about the cutbacks. Months later, after she challenged a downgraded “accountability” rating tied to the suspension, the new HR director moved to terminate her and did so on October 25, 2023 without prior written discipline, reasons, or paperwork, relying on coworker “bullying” allegations that the judge later found not credible and harsher than how others were treated.

Violations of Federal Labor Law

In the detailed decision, the judge found that the employer committed numerous unfair labor practices under the NLRA:

1. Restrictions on Employee Communication: The judge found that the company unlawfully “directed Alexander not to discuss working conditions with other employees and threatened that employees would be disciplined if they did so.” 
2. Discrimination Against a Nurse for Union Activity: The employer suspended a nurse, withheld her pay, reduced her hours, gave a negative performance appraisal, and terminated her employment. All of these actions were found to be discriminatory and in retaliation for protected concerted activity and union support. 
3. Failure to Bargain: The judge concluded that New Vitae violated Section 8(a)(5) and (1) of the Act by failing to give the Union notice and an opportunity to bargain before taking unilateral actions impacting terms and conditions of employment, such as layoffs and discipline. 
4. Unlawful Layoff and Subcontracting: The judge found that laying off the entire bargaining unit and subcontracting the work to outside agencies was discriminatory because it was done because employees engaged in union and protected concerted activity. 

Remedy Ordered

Because of these violations, the judge ordered New Vitae to take several actions designed to restore the nurses to their positions and make them whole for losses suffered due to unlawful actions. Key remedies include:

• Reinstatement of the affected nurses (including the nurse who was fired). 
• Backpay and benefits compensation for lost earnings and other harms. 
• Restoration of all bargaining unit work to its pre-November 1, 2024, status. 
• Posting a notice informing employees of their rights under federal labor law. 

The decision makes clear that employers must respect nurses’ rights to organize and bargain collectively. Employers cannot lawfully retaliate against employees for union activity or unilaterally change terms and conditions of employment without meaningful notice and bargaining.

Why This Matters to Nurses

Nurses and other healthcare workers should understand that:

• Union activity and protected concerted activity are federally protected rights under the NLRA. 
• Employers cannot retaliate against nurses for organizing or supporting a union. 
• Employers must bargain in good faith with a certified union on mandatory subjects, such as layoffs and pay, once a union is recognized. 

For nurses who are considering union representation or who believe their rights have been violated, this decision shows that employers can be held accountable when they punish staff for organizing or speaking up about working conditions. It also illustrates how detailed documentation, union support, and federal labor law enforcement can lead to reinstatement, back pay, and restoration of jobs.

Nurses can learn more about their rights or file a charge directly with the NLRB by visiting https://www.nlrb.gov.

 

🤔Nurses, what do you think about this lawsuit? Share your thoughts below.