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McKinney v. Southern Bakeries, LLC

United States Court of Appeals, Eighth Circuit

May 27, 2015

M. Kathleen McKinney, Regional Director of Region 15 of the National Labor Relations Board and on behalf of the National Labor Relations Board, Petitioner - Appellee
v.
Southern Bakeries, LLC, Respondent - Appellant; John Hankins, Amicus on Behalf of Appellant

Submitted: April 16, 2015.

Appeal from United States District Court for the Western District of Arkansas - Texarkana.

For M. Kathleen McKinney, Regional Director of Region 15 of the National Labor Relations Board and on behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner - Appellee: John Andrew Mantz, Elinor L. Merberg, Assistant General Counsel, National Labor Relations Board, Washington, DC; Linda M. Mohns, National Labor Relations Board, Memphis, TN; Laura T. Vazquez, Deputy Assistant General Counsel, National Labor Relations Board, Division of Advice, Injunction Litigation Branch, Washington, DC.

For Southern Bakeries, LLC, Respondent - Appellant: Sandra Perry, David Lee Swider, Philip R. Zimmerly, Bose & Mckinney, Indianapolis, IN; Matthew J. Shepherd, Matthew J. Shepherd, P.A., El Dorado, AR.

For John Hankins, Amicus on Behalf of Appellant(s): Glenn Matthew Taubman, National Right to Work Legal Defense Foundation, Springfield, VA.

Before WOLLMAN and GRUENDER, Circuit Judges, and GRITZNER,[1] District Judge.

OPINION

Page 1120

GRITZNER, District Judge.

M. Kathleen McKinney, the Regional Director of the Fifteenth Region of the National Labor Relations Board (respectively, the Director and the Board) sought a preliminary injunction from the district court under § 10(j) of the National Labor Relations Act of 1935 (the Act) as amended by the Labor Management Relations Act of 1947, 29 U.S.C. § 160(j). The district court granted the injunction pending the Board's final disposition of the unfair labor practices allegations. McKinney ex rel. NLRB v. S. Bakeries, LLC, 38 F.Supp.3d 1019, 1036 (W.D. Ark. 2014). Southern Bakeries, LLC (Southern Bakeries or the Company) appeals. Having jurisdiction under 28 U.S.C. § 1292(a)(1), we vacate the injunction.

I. Background

Southern Bakeries is a commercial bakery in Hope, Arkansas. In 2005, Southern Bakeries purchased the Hope facility from the now defunct Meyer's Bakeries and hired most of Meyer's Bakeries' former employees. Southern Bakeries recognized the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, Local 111 (the Union), as the collective bargaining agent for Southern Bakeries' production and sanitation employees. Southern Bakeries' Hope facility employs approximately 200 production and sanitation workers. Southern Bakeries and the Union entered several collective bargaining agreements, the most recent of which expired on February 8, 2012.

In 2009, a Southern Bakeries' employee filed a decertification petition seeking to oust the Union. The Board held an election, and a majority of the employees voted to keep the Union. On December 7,

Page 1121

2011, an employee filed another decertification petition with the Board. The Union filed allegations of unfair labor practices. Following the Board's investigation, the Director concluded that Southern Bakeries improperly assisted the petition drive, and the Director did not conduct another election. Southern Bakeries ...


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