00-1860 Bloedorn v. Francisco Foods, Inc.

Listen to this article

“Given the nature of the unfair labor practices charged in this case and the evidence supporting the Director’s allegations, interim relief would serve the public interest. If, as the Director alleges, FFI deliberately displaced the Union by refusing to hire RSI employees it otherwise would have hired, it committed violations that strike at the heart of the collective bargaining process. As we have discussed, while the parties await the final resolution of the Director’s complaint, the likelihood of the Board being able to effectuate complete relief on that complaint is decreasing: RSI employees that FFI did not hire are scattering to other jobs, the RSI employees who were hired are left without the benefits of representation, and support for the Union is no doubt eroding. By halting this progression away from the status quo ante, interim relief will help to preserve the Board’s remedial authority and in that way serve the collective bargaining process.”

Reversed and remanded.

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Rovner, J.