Gottfried ex rel. National Labor Relations Board v. Purity Systems, Inc.

707 F. Supp. 296, 129 L.R.R.M. (BNA) 2836, 1988 U.S. Dist. LEXIS 15365
CourtDistrict Court, W.D. Michigan
DecidedOctober 28, 1988
DocketNo. G 88-726 CA7
StatusPublished
Cited by2 cases

This text of 707 F. Supp. 296 (Gottfried ex rel. National Labor Relations Board v. Purity Systems, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gottfried ex rel. National Labor Relations Board v. Purity Systems, Inc., 707 F. Supp. 296, 129 L.R.R.M. (BNA) 2836, 1988 U.S. Dist. LEXIS 15365 (W.D. Mich. 1988).

Opinion

[298]*298OPINION

ENSLEN, District Judge.

I. Background

This proceeding is before the Court on a petition for a preliminary injunction filed by the Regional Director of Region Seven of the National Labor Relations Board (“Board”). Section 10(j) of the National Labor Relations Act (“Act”) authorizes the United States District Court to issue a preliminary injunction pending disposition of an unfair labor practice charge by the Board. 29 U.S.C. § 160(j) (1983).

The unfair labor charge which is the subject of the instant petition was filed on July 21, 1988 and was amended on August 4, 1988 by the United Steelworkers of America, AFL-CIO-CLC (“Charging Party”). The charge alleges that the respondent, Purity Systems, Inc., has violated Sections 8(a)(1) and (3) of the Act by, among other things, threatening employees with plant closure if they unionized and by discharging three employees, half its production force, because of their union activities.

An unfair labor practice complaint has been issued and a hearing is scheduled before an administrative law judge on November 14, 1988.

The Court has before it affidavits and other documents to supplement the evidence heard at the hearings of October 20 and 26, 1988.

II. Law

Section 10(j) of the Act provides that after a complaint has been issued by the Board alleging violations of the Act, the Board may seek preliminary injunctive relief in the appropriate United States District Court in order to prevent a respondent from engaging in any conduct which would completely frustrate the purpose and policies under the Act and from accomplishing an illegal objective before being placed under future legal restraint. 29 U.S.C. § 160(j) (1983). See generally Sheeran v. American Commercial Lines, Inc., 683 F.2d 970 (6th Cir.1982); Levine v. C & W Mining Co., 610 F.2d 432 (6th Cir.1979).

While the board has been empowered by Congress to issue complaints, conduct hearings, and ultimately decide whether an unfair labor practice has occurred, a decision and order of the Board is not self-enforcing and no sanctions attach unless the Board’s [299]*299order is enforced after review of a Court of Appeals.

Congress sought to remedy the situation where unfair labor practices are unchecked for long periods of time by adding § 10(j) to the Act in 1947. The district court is therefore empowered to grant interim in-junctive relief pending final disposition of any unfair labor practices by the Board. Such relief is appropriate under the Act where the Court finds reasonable cause to believe that the Act has been violated and that the relief sought is just and proper.

It is well-settled that the ultimate determination of whether the Act has been violated is reserved exclusively to the Board, subject to review by the Court of Appeals. As the Sixth Circuit recently clarified, to issue a temporary injunction, a district court must make two findings. First, the court must find there is “reasonable cause” to believe that unfair labor practices have occurred. (This is a finding of fact that may only be set aside if clearly erroneous). Gottfried v. Frankel, 818 F.2d 485, 493 (6th Cir.1987). To establish reasonable cause does not require the evidence needed for enforcement of a Board order after a full hearing on the merits, indeed, the Sixth Circuit noted that the burden on the Regional Director in a 10(j) proceeding is “relatively insubstantial.” Gottfried v. Frankel, 818 F.2d at 493. See also Levine v. C & W Mining Co., 610 F.2d at 435. A district court must only produce “some evidence” in support of the petition. Gottfried v. Frankel, 818 F.2d at 493.

Moreover, the district court is not required to resolve disputed issues of facts or credibility in a 10(j) proceeding; the court’s function is limited to a determination of whether such issues could ultimately be resolved by the Board in favor of the petitioner. Levine v. C & W Mining Co., 610 F.2d at 435.

Petitioner’s legal propositions “need only demonstrate ... that the legal theory upon which he proceeds is ‘substantial and not frivolous.’ ” Hirsch v. Building & Construction Trades Council, 530 F.2d 298, 302 (3rd Cir.1976). See also Gottfried v. Frankel, 818 F.2d at 493; Kennedy v. Los Angeles Typographical Union, 418 F.2d 6, 8 (9th Cir.1969); Boire v. International Brotherhood of Teamsters, 479 F.2d 778, 789-92 (5th Cir.1973).

Second, the court must find that the requested relief is “just and proper.” Gottfried v. Frankel, 818 F.2d at 494; Sheeran v. American Commercial Lines, Inc., 683 F.2d at 978; Levine v. C & W Mining Co., 610 F.2d at 435. The granting of injunctive relief under this just and proper standard “is a matter committed to judicial discretion.” Gottfried v. Frankel, 818 F.2d at 494. The district court making this determination should bear in mind that “section 10(j) was added to give the Board a means of preserving the status quo pending the completion of its regular procedures.... By the same token, the relief to be granted is only that reasonably necessary to preserve the ultimate remedial power of the Board and is not to be a substitute for the exercise of that power.” Id. at 495.

Finally, where necessary, the district court may grant injunctive relief without a full evidentiary hearing. See, e.g., id. at 493 (reasonable cause finding was proper based on evidence from NLRB transcript, affidavits, and documents).

III. Analysis

To determine whether the petitioners are entitled to injunctive relief, I must first decide whether there is reasonable cause to believe that respondent violated Section 8(a)(1) and (3) of the Act. To begin with, section 8(a)(1) prohibits employers from threatening employees with reprisals because of the employee’s support for a union. See, e.g., Justak Bros. v. NLRB, 664 F.2d 1074, 1082 (7th Cir.1981).

There is reasonable cause to believe that Purity Systems, Inc. (“Employer”) made threats of reprisals as a result of its employees’ support for the union in violation of 8(a)(1) of the Act. One employee received a direct threat on July 14, 1988 from the company’s president, John Mro-zinski: “[I] would move our whole plant to Bay City in twelve hours if we got a union in at Purity.” Rex Conklin Affidavit, at 3. [300]*300In such a small plant, it is not unreasonable to believe that such an inflammatory remark might be the subject of discussion among other employees as well.

Also there is reasonable cause to believe that the immediate firing of three out of four employees who had signed union authorization cards precipitated a less direct, but still potent and lingering threat to the remaining employees.

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707 F. Supp. 296, 129 L.R.R.M. (BNA) 2836, 1988 U.S. Dist. LEXIS 15365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottfried-ex-rel-national-labor-relations-board-v-purity-systems-inc-miwd-1988.