Magistrate Judge James Francis
A regional National Labor Relations Board (NLRB) director sued Raz Dairy Inc. and Metro Dairy Corp. (collectively Raz)as a single employerfor unfair practices violating §§8(a)(1) and (3) of the National Labor Relations Act. In addition to firing a workerapparently under pretextfor engaging in union activities, Raz’s owner and supervisors allegedly interrogated employees about union sympathies, warned workers of plant closure if a union were brought in, and threatened to fire workers unless they refrained from union activities. Finding reasonable cause to believe that Raz engaged in unfair labor practices, the court granted injunctive relief under NLRA §10(j) reinstating the discharged worker during proceedings before the NLRB, and barring Raz from complained of conduct. In addition to evidence of anti-union animus rendering the discharge and other conduct unfair labor practices violating NLRA §8(a)(3), the court noted that a supervisor’s threat that Raz might close if its employees were to unionize alone breached §8(a)(1). The worker’s reinstatement was necessary to reestablish the status quo as it existed prior to the unfair labor practices, and to reassure Raz’s employees that their rights under NLRA §7 were not illusory.
