Region 31-Los Angeles Wins Injunction in District Court, Ordering Daily Grill to Bargain with the Union on a Schedule and with Progress Reports

Los Angeles, California — On May 27, 2022, U.S. District Judge Stephen V. Wilson of the Central District of California granted Region 31’s petition for Section 10(j) injunctive relief against Grill Concepts Services, Inc. dba The Daily Grill. Although Judge Wilson initially declined to issue the petition, he granted the NLRB’s motion for reconsideration and issued the temporary injunction after the Region obtained a favorable decision from Administrative Law Judge (ALJ) Dickie Montemayor, who determined that Daily Grill failed and refused to bargain collectively and in good faith with UNITE HERE Local 11, the union that represents the workers.

In granting the injunction, Judge Wilson noted the ALJ’s determination that “even the unusual circumstances of the pandemic did not give license for [Daily Grill’s] conduct” and that Daily Grill “has continued to refuse to engage with the Union’s efforts at bargaining, even after the business disruptions caused by pandemic-related health restrictions had ended.” Judge Wilson explained that “a refusal to bargain in good faith creates irreparable harm by denying employees the economic and non-economic benefits of collective bargaining, threatening ‘‘industrial peace,’ and weakening support for the union.” 

Judge Wilson’s order requires that Daily Grill meet and bargain with the Union for a minimum of 24 hours a 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. The Judge’s order also requires Daily Grill to submit written bargaining progress reports every 30 days to the Regional Director of Region 31, with service to the Union. In addition, the Order requires that Daily Grill post copies of the Court’s order at Daily Grill’s facility, granting the Region access to monitor compliance with the posting requirement and that it cease interfering with the rights of employees under the National Labor Relations Act.

“I’m proud of my staff for successfully pursuing this Section 10(j) injunction and hopeful that Judge Wilson’s order to bargain on a schedule, with progress reports, will get the bargaining process back on track while the matter is pending a final determination by the Board,” said Region 31 Regional Director Mori Rubin. “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.” 

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.