RENSSELAER, NY — The National Labor Relations Board ruled this week that Rosewood Rehabilitation and Nursing, a skilled nursing facility in upstate New York, violated federal labor law by restricting union representatives' access to the facility, retaliating against a newly elected union delegate, and refusing to process worker grievances, according to a decision issued March 4, 2026.
The ruling, identified as case 374 NLRB No. 53, orders the Rensselaer facility to reinstate certified nursing assistant Nicolas Parker, who was terminated approximately three hours after learning he had been elected as a union delegate for 1199 SEIU United Healthcare Workers East, as reported by McKnight's Long-Term Care News. The facility must also pay Parker back wages, cover any associated taxes, and restore union access that had been in place prior to the COVID-19 pandemic.
According to the NLRB's decision, Rosewood had permitted union representatives to meet with workers throughout the facility before New York imposed a visitation ban during the pandemic in 2020. However, after those restrictions were lifted, management confined union representatives to a basement breakroom, as found by Administrative Law Judge Andrew Gollin in a 2024 ruling that the board has now upheld.
The case escalated further when the facility called police on union representatives and issued criminal trespass threats against at least two SEIU agents, according to NLRB Edge's summary of the decision. The board's order requires Rosewood to immediately withdraw those trespass notices and any criminal charges filed against union representatives.
A Pattern of Worker Concerns
The NLRB ruling arrives amid broader concerns about conditions at the facility. In July 2024, CBS6 Albany reported that Rosewood employees publicly raised alarms about staffing levels at the nursing home, with workers telling the station, "We just want better."
Parker's termination became a central issue in the federal case. The union filed a complaint alleging the firing was retaliatory, given its timing just hours after Parker's election as a delegate, as reported by Law360. Rosewood countered that Parker was dismissed for failing to properly request medical leave, according to McKnight's. The NLRB rejected that explanation, affirming the administrative law judge's finding that the termination violated Sections 8(a)(1), (3), and (5) of the National Labor Relations Act.
The facility also must roll back changes to employment terms and conditions that were unilaterally imposed on SEIU-represented employees on multiple dates in 2022, according to the ruling. Additionally, Rosewood is required to resume processing union grievances — including those that had been scheduled for discussion in 2022 — and negotiate with the union going forward.
The decision is notable in part because it is among the first nursing home cases decided since the board regained its quorum after a nine-month period without enough members to issue rulings. The board is currently operating with three members instead of the typical five and holds a Republican majority, a composition that many labor observers had expected would favor employers, as McKnight's noted. Rosewood had appealed the administrative law judge's findings, arguing that the original order would grant "almost unfettered access to the Union to its residential nursing facility," but the board disagreed, clarifying that access need only match what was established in the prior collective-bargaining agreement or historical practice.
Rosewood did not respond to a request for comment, according to McKnight's.
CMS Inspection History
Federal inspection records provide additional context about oversight at skilled nursing facilities in the region. While Rosewood Rehabilitation and Nursing's specific CMS profile was not available for this report, inspection data from comparable facilities in the New York area illustrates the regulatory environment these homes operate within.
The New Jewish Home in Manhattan, one of New York's larger skilled nursing facilities with 514 beds, holds an overall CMS rating of 3 out of 5 stars, according to Medicare's Care Compare database. That facility carries a health inspection rating of just 2 out of 5 stars despite stronger marks in staffing (4 stars) and quality measures (5 stars). Federal inspectors have documented 52 deficiencies across 12 inspections on record, with the most recent survey conducted in October 2023.
Among deficiencies cited at that inspection were failures to honor residents' rights to self-determination, failure to maintain a safe and homelike environment, and delays in reporting suspected abuse or neglect to proper authorities, according to CMS records.
Federal regulations require nursing homes to protect residents' rights under 42 CFR Part 483, including the right to organize and participate in resident and family groups. Labor law protections under the NLRA separately guarantee workers the right to organize and bargain collectively without employer interference — protections that the NLRB found Rosewood violated.
Ownership & Operations
Rosewood Rehabilitation and Nursing operates as a skilled nursing facility in Rensselaer, New York, in the Capital District region near Albany. The NLRB case identifies the facility's operating entity as Rosewood Care, LLC. The board's decision references facility ownership directly, noting that one of the facility's owners joined in requesting the board review the administrative law judge's findings.
The nursing home industry in New York has faced significant scrutiny in recent years over staffing levels, working conditions, and labor relations. New York enacted the nation's first clinical staffing mandate for nursing homes, which took effect in 2022, requiring facilities to provide minimum hours of nursing care per resident per day. The NLRB case timeline overlaps with the implementation of these staffing requirements, and the union's broader campaign at Rosewood has centered on staffing adequacy, as reflected in the 2024 CBS6 Albany report featuring employees' concerns.
Resources for Families
Families with concerns about care at any New York nursing home can contact the New York State Long-Term Care Ombudsman program at 1-855-582-6769. Ombudsman advocates work to resolve complaints related to care quality, resident rights, and facility conditions at no cost to residents or families.
The national Eldercare Locator hotline, reachable at 1-800-677-1116, can connect callers with local ombudsman programs and aging services in any state. Additional information about long-term care rights and how to file complaints is available through the National Long-Term Care Ombudsman Resource Center at ltcombudsman.org.
Anyone who suspects abuse, neglect, or retaliation against nursing home residents or staff should report concerns to their state health department and the facility's ombudsman. Federal law protects individuals who report concerns in good faith from retaliation.
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