Baudler v. American Baptist Homes of the West

Filing 66

ORDER by Judge Claudia Wilken GRANTING PETITIONERS 59 MOTION TO MODIFY SECTION 10(j) INJUNCTION. (ndr, COURT STAFF) (Filed on 11/1/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM A. BAUDLER, Regional
Director of the Thirty-Second
Region of the National Labor
Relations Board, for and on
behalf of the National Labor
Relations Board,
Petitioner,

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United States District Court
For the Northern District of California

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ORDER GRANTING
PETITIONER’S
MOTION TO MODIFY
SECTION 10(j)
INJUNCTION
(Docket No. 59)

v.
AMERICAN BAPTIST HOMES OF THE
WEST, doing business as PIEDMONT
GARDENS,
Respondent.

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No. C 11-2480 CW

________________________________/
Petitioner Regional Director of the Thirty-Second Region of
the National Labor Relations Board (NRLB) William A. Baudler, for

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and on behalf of the NRLB, moves for modification of the
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injunction previously issued by the Court at his request against

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Respondent American Baptist Homes of the West pursuant to section

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10(j) of the National Labor Relations Act (NLRA), 29 U.S.C.

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§ 160(j).

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Amicus Curiae Service Employees International Union, United

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Healthcare Workers–-West opposes the motion.

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Respondent has not filed a response to this motion.

Having considered

the papers filed by the parties, the Court GRANTS Petitioner’s

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request.
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On July 19, 2011, the Court issued an injunction pursuant to
section 10(j) of the NLRA, ordering, inter alia, that Respondent

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reinstate to their former positions and previous wage and working

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conditions twenty-five former employees who were permanently

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replaced after a strike, pending resolution of the underlying case

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before the NRLB.

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appeal of the injunction to the United States Court of Appeals for

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On July 20, 2011, Respondent filed a notice of

the Ninth Circuit.

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Subsequently, on August 9, 2011, the Administrative Law Judge
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(ALJ) issued a Decision and Recommended Order, in which he found

United States District Court
For the Northern District of California

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that Respondent’s motivation for permanently replacing these

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striking employees did not render the permanent replacement

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unlawful, and that Respondent was not obliged to reinstate those

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employees to their former positions of employment.

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On August 22, 2011, because of the ALJ’s adverse ruling,

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Petitioner moved the Court for an order removing from the Section
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10(j) Injunction those terms related to the reinstatement of these
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employees.

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for the Ninth Circuit remanded the appeal to this Court for the

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limited purpose of enabling this Court to amend the Section 10(j)

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Injunction.

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On October 6, 2011, the United States Court of Appeals

In light of the ALJ’s ruling and Petitioner’s request and
based upon the entire record before the Court, the Court finds

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that the Section 10(j) Injunction shall be modified as follows:
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Respondent is no longer enjoined and restrained from refusing

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to reinstate employees to their former positions of employment

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because the employees joined or assisted the Union by, among other
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things, participating in a strike, or because they engaged in

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other protected concerted activities for the purpose of collective

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bargaining or other mutual aid or protection; and

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Respondent is no longer ordered to offer interim
reinstatement to Sherwin S. Amorsolo, Zegenech Bayou, Maggie
Bellinger, Yohanes Beraki, Pacita Bumatay, Marieth Romero Carmona,

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Calvin Christian, Bonnie Conley, Judith Coston, Besima Ferhatovic,
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Sanjanette Fowler, Elisa Haile, Keiyana Kemp, Johnny Lee, Salvador

United States District Court
For the Northern District of California

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Miranda, Michael Morrow, Sheila Nelson, Janie Ragsdale, Michelle

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Reynolds, Yordanos Sega, Paramjit Sekhon, Palwinder Singh, Denesha

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Singleton, Carmen Smith, Pierre Williams, and Rosa Zelaya to their

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former positions and previous wages and working conditions.

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All other terms and provisions of the Section 10(j)

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injunction remain in full force and effect.
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IT IS SO ORDERED.
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Dated: 11/1/2011

CLAUDIA WILKEN
United States District Judge

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