National Labor Relations Board, Regional Director of the Seventh Region v. Holy Cross Youth and Family Services, Inc.

Filing 17

ORDER re 1 Petition for Preliminary Injunction filed by National Labor Relations Board, Regional Director of the Seventh Region. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Terry Morgan, Regional Director of
Region Seven of the National Labor Relations
Board, on behalf of the National Labor Relations
Board,
Petitioner,
v.

Case No.: 13-14686
Honorable Sean F. Cox

Holy Cross Youth and Family Services, Inc.,
d/b/a Kairos Healthcare,
Respondent.
_________________________________________/
ORDER ON PETITION FOR PRELIMINARY INJUNCTION
For the reasons set forth in today’s Opinion Granting Petition for Preliminary Injunction
under Section 10(j) of the National Labor Relations Act, the Court GRANTS Petitioner Terry
Morgan’s request for a temporary preliminary injunction, to last until August 20, 2014 or until the
National Labor Relations Board issues a final determination on the merits1, whichever is earlier.
Until the expiration of the temporary preliminary injunction, the Court ORDERS Respondent
Holy Cross Youth and Family Services, Inc., d/b/a Kairos Healthcare, to:
1)

Bargain with the Union in good faith;

2)

Provide the Union with the average number of hours worked by TOC employees
over the previous six month period;

3)

If requested by the Union, rescind any changes to the bargaining unit’s terms and
conditions of employment that were unilaterally made by Respondent; and

1

On February 20, 2014, Petitioner filed a Motion to Supplement the Record with ALJ
Mark Carissimi’s interim decision. (Doc. #15). That motion was filed after this Court’s Opinion
was prepared, but before the Order issued.

4)

Post copies of this Order in a conspicuous location at its facility, or wherever notices
to employees are typically posted.

Nearing the expiration of the preliminary injunction, Petitioner may file a renewed petition
for injunctive relief if the Board has not reached a resolution on Petitioner’s Complaint.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: February 21, 2014
I hereby certify that a copy of the foregoing document was served upon counsel of record on
February 21, 2014, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager