Attorney Jillian Ryan Wins Reinstatement of Human Services Worker Represented by SEIU Local 509

In 2013, workers of NuPath, a residential care agency for people with developmental disabilities, elected to form a union in order to improve their working conditions, with the aid of SEIU Local 509. A collective bargaining agreement negotiated by workers and Local 509 guaranteed that they would be protected from discharge unless NuPath proved it had “just cause.” Attorney Jillian Ryan persuaded a respected arbitrator that NuPath lacked just cause for termination of a respected direct care specialist with no history of discipline or performance problems.

NuPath terminated the worker for accidentally falling asleep, claiming it had to terminate the worker because his behavior was harmful to the health, welfare and safety of residents and other staff. The Arbitrator rejected this argument. He found the worker accidentally fell asleep on an afternoon shift, that he was sick that day, that other staff members were present to address patient needs, that no residents were actually harmed or at risk of harm by the worker, and nothing suggested the worker's momentary sleep was intentional (he did not, for instance, make a nesting place with a pillow). Plus, the worker admitted to falling asleep at the arbitration.

He ordered NuPath to reinstate the worker and pay him the wages and benefits he lost as a result of the termination. But because the worker initially denied sleeping, the Arbitrator determined that the employer had a right to impose a Final Warning.