Region 2 Obtains Injunction Against Largest Meat Distributor in New York

New York, New York — On May 14, 2021, Region 2 of the National Labor Relations Board obtained a 10(j) injunction against Nebraskaland Inc., 02-CA-266022 et al). The Employer, the largest meat distributor in the New York City metropolitan area operating out of the Hunts Point Produce Market, employs about 70 drivers who are unrepresented by a union. During the COVID-19 pandemic, the drivers drafted and all signed a petition enumerating complaints about their terms and conditions of employment, and they planned a strike if their demands were not redressed. On the morning of the scheduled strike, the drivers presented the petition to their manager who summarily refused it. The drivers immediately commenced a strike. The manager shortly returned to the striking drivers, warning they did not have the right to strike because they did not have a union, then issued threats, including the summoning of the police. One of the lead drivers replied to the manager, “We are the union.” The Employer later promised to redress the complaints, but instead, discharged the three strike leaders.

The Acting General Counsel sought and a Board majority authorized Region 2 to institute 10(j) temporary injunctive relief. Following the filing of the motion, the Region engaged in intense multi-faceted negotiations that culminated in a resolution on May 14, 2021 when the District Court  approved the 10(j) Consent Injunction. The Consent Injunction requires the Employer to promptly offer reinstatement to the three discharged drivers who led the strike and to post the consent order to remedy the threats of reprisals, summoning of the police, and unlawful surveillance. The parties also reached an Informal Settlement Agreement that resolved the underlying unfair labor practice allegations. The Informal Settlement Agreement required essentially the same remedies as the consent injunction, plus 100% backpay for the discharged drivers.

“The National Labor Relations Act protects workers’ right to engage in concerted activity, whether or not they are represented by a union,” said Region 2 Director John J. Walsh, Jr. “When workers join together to improve their working conditions, they are exercising their Section 7 rights. I’m glad all parties were able to quickly reach an amicable resolution and that the District Court approved the Consent Injunction safeguarding these workers’ rights.”