Region 31 files for an injunction against Grill Concepts Services, Inc. for failing to bargain in good faith with the union

Los Angeles, California — On November 29, 2021, Director of Region 31 Mori Rubin filed a Section 10(j) petition for injunctive relief against Grill Concepts Services, Inc. dba The Daily Grill.  Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek temporary injunctions against employers and unions in Federal District Courts to avoid irreparable harm caused by unfair labor practices while cases are being litigated before administrative law judges and the Board.  As General Counsel Abruzzo recently noted in General Counsel Memo 21-05, “Section 10(j) provides the tool to ensure that employees' rights will be adequately protected from remedial failure due to the passage of time.”

The injunction in this case was sought because, after a thorough investigation, Region 31 of the NLRB found merit to the allegation that Grill Concepts failed and refused to bargain collectively and in good faith with Union, UNITE HERE Local 11, as the exclusive collective-bargaining representative of a unit of employees at the restaurant. 

In the petition, the Regional Director is seeking an interim order requiring Grill Concepts to meet and bargain with the Union for a minimum of 24 hours each month, for at least six hours per session, until an agreement or lawful impasse is reached or until the parties agree to a respite in bargaining; submit written bargaining progress reports every 30 days to the Regional Director and serve copies of those reports on the Union; post and read a Notice to Employees; and grant Board agent access to monitor compliance with the posting requirement. 

“The duty to bargain in good faith is one of the core principles of the National Labor Relations Act, and is especially important during the delicate time when parties seek to negotiate an initial collective bargaining agreement,” said Regional Director Mori Rubin.  “We hope to obtain this temporary injunction so that the parties can get the bargaining process back on track while the administrative case makes its way before an Administrative Law Judge and possibly the Board. Section 10(j) injunctions are a crucial tool to protect the integrity of the collective-bargaining process.” 

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. Region 31 serves areas in California from its Regional Office in Los Angeles.