Walsh v. W.B. Mason Co., Inc.

Filing 37

Judge Nathaniel M. Gorton: ORDER OF TEMPORARY INJUNCTION entered. re 36 Memorandum & ORDER. See Attached Order. (Caruso, Stephanie)

United States District Court
District of Massachusetts
)
)
John J. Walsh, Jr. ex rel.
National Labor Relations Board, )
)
)
Petitioner,
)
)
v.
)
)
W.B. Mason Co. Inc.,
)
)
Respondent.
)

Civil Action No.
16-11934-NMG

ORDER
GORTON, J.
For the reasons set forth in the Memorandum and Order
entered herewith, respondent W.B. Mason Co., Inc. is hereby
temporarily enjoined, pursuant to § 10(j) of the National Labor
Relations Act (“NLRA”), pending a final determination of the
administrative proceedings before the National Labor Relations
Board (“the Board”), as follows:
1)

respondent shall offer immediate reinstatement to the
former employees who would have been employed but for
the unlawful discrimination, in their former or in
substantially equivalent positions, without prejudice
to their seniority or any other rights or privileges
previously enjoyed;

2)

respondent shall, upon request, meet and bargain in
good faith with International Brotherhood of
Teamsters, Local Union No. 25 as the exclusive
collective-bargaining representative of its driver and
driver helper employees at the facility in Boston,
Massachusetts;

3)

respondent shall immediately cease from interfering
with, restraining or coercing employees in any other
manner in the exercise of their rights under Section 7
of the NLRA;

4)

respondent shall post copies of this Memorandum and
Order at its Boston facility where notices to
employees are customarily posted; the posting shall be
maintained during the pendency of the administrative
proceedings before the Board, free from all
obstructions and defacements; all employees shall have
free and unrestricted access to such notices, and
agents of the Regional Director of Region 1 of the
Board shall have reasonable access to defendant’s
facilities at the Boston facility to monitor
compliance with this posting requirement; and

5)

respondent shall, within 20 days of the issuance of
this Order, serve upon the Regional Director and this
Court a sworn affidavit from a responsible officer
describing with specificity the manner in which
defendant has complied with the terms of this Order,
including how it has posted the documents required by
this Order.

So ordered.

/s/ Nathaniel M. Gorton_____
Nathaniel M. Gorton
United States District Judge
Dated November 28, 2016