National Labor Relations Board v. Southern Bakeries, LLC

Filing 41

ORDER granting 1 MOTION for Preliminary Injunction filed by National Labor Relations Board. See Order for specifics. Signed by Honorable Susan O. Hickey on August 14, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

M. KATHLEEN MCKINNEY, Regional
Director of Region 15 of the National
Labor Relations Board and on behalf
of the NATIONAL LABOR RELATIONS
BOARD
V.

PETITIONER

CIVIL NO. 4:14-cv-4037

SOUTHERN BAKERIES, LLC

DEFENDANT

ORDER
Before the Court is Petition for 10(j) Injunctive Relief filed by M. Kathleen McKinney
(“McKinney”), the Regional Director of Region 15 of the National Labor Relations Board. (ECF
No. 1). Defendant Southern Bakeries, LLC has responded. (ECF No. 20). McKinney has
replied. (ECF No. 23)
reply. (ECF No. 29).

Defendant Southern Bakeries (“Southern Bakeries”) has filed a surUpon consideration, for the reasons discussed in the Memorandum

Opinion of even date, the Court finds that the motion should be and hereby is GRANTED.
Pending final disposition of the matters currently before the Board in Cases 26-CA077268, 26-CA-077536, 15-CA-101311, 15-CA-103186, 15-CA-104063, 15-CA-106033, 15CA-107597, 15-CA-108613, 15-CA-109746, 15-CA-109753, 15-CA-109755 and 15-CA115945, an injunction shall issue enjoining, restraining, ordering, and directing Southern
Bakeries, LLC, its officers, agents, servants, employees, attorneys, and all persons acting in
concert or participation with it or them, as follows:
A. Enjoining and restraining Respondent Southern Bakeries, LLC to immediately cease and
desist from:

1. failing and refusing to recognize and bargain in good faith with the Bakery,
Confectionary, Tobacco Workers and Grain Millers International Union, Local 111 as
the exclusive bargaining representative of the unit employees at Southern Bakeries,
LLC;
2. making unilateral changes in the employees’ wages, hours or other terms and
conditions of employment;
3. refusing to allow representatives of the Union access to Southern Bakeries, LLC’s
facility in a manner consistent with the historical past practice;
4. interrogating employees about their union or other protected activity;
5. threatening employees with discharge, job loss, plant closure, futility, or other reprisals
because of their union or other protected activity;
6. making comments disparaging the Union;
7. creating the impression that the employees' union or other protected activity is under
surveillance; and
8. in any like or related manner, interfering with, restraining or coercing employees in the
exercise of their Section 7 rights.
B. Ordering and directing Southern Bakeries, LLC, pending final Board adjudication, to:
1. recognize and, upon request, bargain in good faith with the Union as the exclusive
collective-bargaining representative of the employees in the appropriate unit,
concerning their terms or conditions of employment and, if an understanding is
reached, embody the understanding in a signed collective-bargaining agreement;
2. allow representatives of the Union access to Southern Bakeries LLC’s facility in a
manner consistent with the historical past practice;

3. remove the video cameras from the employee break rooms;
4. post copies of the District Court’s Order in English and Spanish, with the Spanish
translation to be paid for by Southern Bakeries, LLC and approved by the Regional
Director of Region 15, at all locations where Southern Bakeries, LLC notices to unit
employees are customarily posted; maintain these postings free from all obstructions
and defacements pending the Board’s final adjudication of the administrative case; and
grant to agents of the Board reasonable access to the facility to monitor compliance
with this posting provision;
5. within ten (10) days of the date of this Order, hold a meeting or meetings at the
Southern Bakeries, LLC’s facility scheduled to ensure the widest possible audience at
which a responsible management official, in the presence of a Board Agent, will read
the District Court’s Order to employees in both English and Spanish, or at Southern
Bakeries, LLC’s option, have a Board Agent read the Order in that official’s presence;
Southern Bakeries, LLC shall notify the Union in advance of the time and date of such
meeting(s) and an official of the Union may be present at such meeting(s) to monitor
the reading of the District Court’s Order; and
6. within twenty (20) days of the issuance of this Order, file with the Court, with a copy
submitted to the Regional Director for Region 15 of the Board, a sworn affidavit from
a responsible official setting forth with specificity the manner in which Southern
Bakeries, LLC has complied with the terms of this decree, including the identification
of those locations where the Court’s order has been posted.
This case shall remain on the docket of this Court and on compliance by Southern Bakeries, LCC
with its obligations undertaken hereto, and upon disposition of the matters pending before the

Board, the Petitioner shall cause this proceeding to be dismissed within thirty (30) days of the
Board’s decision.
IT IS SO ORDERED, this 14th day of August, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge