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Case 2:14-cv-02272-SHM-dkvCIVIL
Document
1 Filed
04/15/14 Page 1 of 35
COVER
SHEET
JS 44 (Rev 12/12)
PageID 1
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
17ONS ON NI;X7 PAIL OF 7l-US 101M 4 )
purpose of initiating the civil docket sheet (VI; INSI
DEFENDANTS
Kellogg Company
I. (a) PLAINTIFFS
M. Kathleen McKinney, Regional Director
National Labor Relations Board, Region •15 (New Orleans, LA)
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
Orleans Parish, LA
Shelby County, TN
(IN (IS PLAIN 17I,P ('ASI;S ONLY)
('ASI:S)
(1:XCLP1 IN S PLAIN
NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED
(C) Attorneys
Attorneys (If Known)
Name, Address, and 7 elephone Numho)
David M. Buday, Esq.
Miller Johnson Attorneys and Counselors
100W. Michigan Ave., Ste. 200, Kalamazoo, MI 49007
Christopher J. Roy, Esq.
National Labor Relations Board, Subregion 26
80. Monroe Ave., Ste. 350, Memphis, TN 38103; (901) 544-0056
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plumb,
11. BASIS OF JURISDICTION (Place an "X - in One Box Only)
XI
0 4 Diversity
(-Indicate Citizenship of Parties in Item III)
0 2 U S Government
Defendant
—
'
.
TORTS
CONTRACT
I
and One Box fin Defendant)
(For Diversity Cases Only)
VIE DEE
PTF DEF
04
0 4
0 1 Incorporated or Principal Place
0 1
Citizen of This State
of Business In This State
0 3 Federal Question
(II S Government Not a Party)
US Government
Plaintiff
PERSONAL INJURY
0 110 Insurance
0 310 Airplane
0 120 Marine
0 315 Airplane Product
0 130 Miller Act
Liability
0 140 Negotiable Instniment
0 150 Recovery of Overpayment 0 320 Assault, Libel &
Slander
& Enforcement of Judgment
0 330 Federal Employers'
0 151 Medicare Act
Liability
0 152 Recovery of Defaulted
0 340 Marine
Student Loans
0 345 Marine Product
(Excludes Veterans)
Liability
0 153 Recovery of Overpayment
0 350 Motor Vehicle
of Veteran's Benefits
0 355 Motor Vehicle
0 160 Stockholders" Suits
Product Liability
0 190 Other Contract
0 360 Other Personal
0 195 Contract Product Liability
Injury
0 196 Franchise
0 362 Personal Injury Medical Malpractice
CIVIL RIGHTS
REAL PROPERTY
I
0 440 Other Civil Rights
0 210 Land Condemnation
0 441 Voting
0 220 Foreclosure
0 442 Employment
0 230 Rent Lease & Ejectment
0 443 Housing/
0 240 Torts to Land
Accommodations
0 245 Tort Product Liability
0 445 Amer w/Disabilities 0 290 All Other Real Property
Employment
0 446 Amer w/Disabilities Other
0 448 Education
Citizen of Another State
0 2
0 2 Incorporated and Principal Place
of Business In Another State
0 5 0 5
Citizen or Subject of a
Foreign Country
0 3
0 3 Foreign Nation
0 6 0 6
FORFEITURE/PENALTY
PERSONAL INJURY
0 365 Personal Injury Product Liability
0 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
0 463 Alien Detainee
0 510 Motions to Vacate
Sentence
0 530 General
0 535 Death Penalty
Other:
0 540 Mandamus & Other
0 550 Civil Rights
0 555 Prison Condition
0 560 Civil Detainee Conditions of
Confinement
0 625 Drug Related Seizure
of Propert) 21 USC 881
0 690 Other
PROPERTY RIGHTS
0 820 Copyrights
0 830 Patent
0 840 Trademark
LABOR
0 710 Fair Labor Standards
Act
rg 720 Labor/Management
Relations
0 740 Railway Labor Act
0 751 Family and Medical
Leave Act
0 790 Other Labor Litigation
0 791 Employee Retirement
Income Security Act
OTHER STATUTES
BANKRUPTCY
0 422 Appeal 28 USC 158
0 423 Withdrawal
28 USC 157
IC AL SECURITY
0 861 HIA (1395ff)
0 862 Black Lung (923)
0 863 DIWC/DIWW (405(g))
0 864 SSID Title XVI
0 865 RSI (405(g))
FEDERAL TAX SUITS
0 870 Taxes (U S Plaintiff
or Defendant)
0 871 IRS—Third Party
26 USC 7609
0 375 False Claims Act
0 400 State Reapportionment
0 410 Antitrust
0 430 Banks and Banking
0 450 Commerce
0 460 Deportation
0 470 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer Credit
0 490 Cable/Sat TV
0 850 Securities/Commodities/
Exchange
0 890 Other Statutory Actions
0 891 Agricultural Acts
0 893 Environmental Matters
0 895 Freedom of Information
Act
0 896 Arbitration
0 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
0 950 Constitutionality of
State Statutes
IMMIGRATION
0 462 Naturalization Application
0 465 Other Immigration
Actions
V. ORIGIN (Place an "X - in One Box Only)
1 Original
Proceeding
0 2 Removed from
State Court
0 3 Remanded from
Appellate Court
0 4 Reinstated or 0 5 Transferred from
Another District
Reopened
(specify)
0 6 Multidistrict
Litigation
Cite the U S Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity)
III. CAUSE OF ACTION
Section 10(j) of the National Labor Relations Act, 29 U.S.0 Sec. 160 (j)
Brief description of cause
Petition for temporary injunction
I.
II.
REQUESTED IN
COMPLAINT:
RELATED CASE(S)
IF ANY
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F R Cv P
CHECK YES only if demanded in complaint
DEMAND $
JURY DEMAND:
(See instructions)
DOCKET NUMBER
JUDGE
SIGNATURE S TTO • Y OF RECORD
DATE
04/15/2014
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPL YIN
JUDGE
MAG JUDGE
0 Yes 0 No
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 2 of 35
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
M. KATHLEEN McKINNEY, Regional
Director of Region 15 of the National Labor
Relations Board, for and on behalf of the
NATIONAL LABOR RELATIONS BOARD,
No.
-CV-
Petitioner,
V.
KELLOGG COMPANY,
Respondent.
PETITION FOR TEMPORARY INJUNCTION UNDER SECTION 10(J) OF THE
NATIONAL LABOR RELATIONS ACT
To the) Honorable, the Judges of the United States District Court for the Western District of
Tennessee:
Comes now M. Kathleen McKinney, Regional Director of Region 15 of the National Labor
Relations Board (Board), and petitions this Court, for and on behalf of the Board, pursuant to Section
10(j) of the National Labor Relations Act, as amended (Act) [61 Stat. 149; 73 Stat. 544; 29 U.S.C. §
160(j)], for appropriate injunctive relief pending the final disposition of the matters involved herein
pending before the Board, based upon an administrative complaint of the General Counsel for the Board,
alleging that Kellogg Company (Respondent), has engaged in, and is engaging in, acts and conduct in
violation of Section 8(a)(1), (3) and (5) of the Act, [29 U.S.C.§§ 158(a)(1), (3) and (5)]. In support
thereof, Petitioner respectfully shows as follows:
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 3 of 35
1.
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Petitioner is the Regional Director of the Fifteenth Region (Region 15) of the Board, an
agency of the United States Government, and files this Petition for and on behalf of the Board, which
has authorized the filing of this Petition.
2.
Jurisdiction of this Court is invoked pursuant to Section 10(j) of the Act, which provides,
inter alia, that the Board shall have power, upon issuance of a complaint charging that any person has
engaged in or is engaging in an unfair labor practice, to petition any United States district court, within
any district wherein the unfair labor practice in question is alleged to have occurred or wherein such
person resides or transacts business, for appropriate temporary relief or restraining order.
3.
On or about the dates set forth below in subparagraphs (a) through (e), Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union and its Local 252-G (Union),
pursuant to the provisions of the Act, filed with the Board a charge and amended charges as follows:
(a)
The charge in this proceeding, Case 15-CA-115259, was filed by the Union on
October 21, 2013, alleging that Respondent has engaged in, and is engaging in, unfair labor practices
within the meaning of Section 8(a)(1) and (5) of the Act. (A copy of the charge is attached hereto as Exh.
A).
(b)
The first amended charge was filed by the Union on November 20, 2013, alleging
that Respondent has engaged in, and is engaging in, unfair labor practices within the meaning of Section
8(a)(1) and (5) of the Act. (A copy of the first amended charge is attached hereto as Exh. B).
(c)
The second amended charge was filed by the Union on December 27, 2013,
alleging that Respondent has engaged in, and is engaging in, unfair labor practices within the meaning of
Section 8(a)(1) and (5) of the Act. (A copy of the second amended charge is attached hereto as Exh. C).
2
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(d)
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The third amended charge was filed by the Union on February 3, 2014, alleging
that Respondent has engaged in, and is engaging in, unfair labor practices within the meaning of Section
8(a)(1) and (5) of the Act. (A copy of the third amended charge is attached hereto as Exh. D).
(e)
The fourth amended charge was filed by the Union on February 10, 2014, alleging
that Respondent has engaged in, and is engaging in, unfair labor practices within the meaning of Section
8(a)(1), (3) and (5) of the Act. (A copy of the fourth amended charge is attached hereto as Exh. E).
4.
The charge in this proceeding, Case 15-CA-115259, was referred to Petitioner as
Regional Director of Region 15 of the Board.
5.
Following a full investigation, during which Respondent was given an opportunity to
submit evidence and legal arguments, Petitioner determined there is reasonable cause to believe, as
alleged in the charge, that Respondent is engaging in unfair labor practices in violation of Section 8(a)
(1), (3) and (5) of the Act, and affecting commerce within the meaning of Section 2(6) and (7) of the Act.
6.
On March 27, 2014, based upon the Board charge filed in this proceeding, and pursuant
to Section 10(b) of the Act [29 U.S.C. § 160(b)], the General Counsel of the Board, on behalf of the
Board, by Petitioner, issued a Complaint and Notice of Hearing (Complaint) against Respondent
alleging that Respondent has been engaging in unfair labor practices within the meaning of Section
8(a)(1), (3) and (5) of the Act. (A copy of the Complaint is attached hereto as Exh. F). The Complaint
contains the following:
(a)
At all material times, Respondent has been a corporation with an office
and place of business in Memphis, Tennessee (Respondent's facility), and has been engaged in
the processing, packaging, and nonretail sale of ready-to-eat cereal products.
3
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(b)
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In conducting its operations annually, Respondent sold and shipped from
its Memphis, Tennessee facility goods valued in excess of $50,000 directly to points outside the
State of Tennessee.
(c)
Annually, Respondent, in conducting its operations described above in
paragraph 6(a), purchased and received at its Memphis, Tennessee facility goods valued in
excess of $50,000 directly from points outside the State of Tennessee.
(d)
At all material times, Respondent has been an employer engaged in
commerce within the meaning of Section 2(2), (6) and (7) of the Act.
(e)
At all material times, the Union has been a labor organization within the
meaning of Section 2(5) of the Act.
(f)
At all material times, the following individuals held the positions set forth
opposite their respective names and have been supervisors of Respondent within the meaning of
Section 2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the
Act:
(g)
Darin Aldrich
Human Resources Manager
Kristy Chorny
Senior Director Labor Relations
Lacey Ivy
Employee Relations Manager
Rachel McConnell
Operations Manager
Chris Rook
Plant Director
Bob Solt
V.P. RTEC Manufacturing
About October 16, 2013, Respondent, by letter to employees from Plant
Director Chris Rook, and in furtherance of the unlawful bargaining objective described below in
paragraphs 6(n) and 6(o), threatened to lock out employees in support of its bargaining demands
4
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if the Union did not ratify Respondent's last contract offer before October 22, 2013.
(h)
Since October 22, 2013, Respondent has locked out all bargaining-unit
employees at its Memphis, Tennessee facility.
(i)
Respondent engaged in the conduct described above in paragraph 6(h) in
furtherance of an unlawful bargaining objective as described below in paragraphs 6(n) and 6(o).
(j)
The following employees of Respondent (the Unit) constitute a unit
appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the
Act:
All regular hourly rate employees of the Company, including
production, maintenance, warehouse, boiler house and all other
departments of the Memphis, Tennessee plant, but excluding
salaried employees.
(k)
Since about 1958 and at all material times, Respondent has recognized the
Union as the exclusive collective-bargaining representative of the Unit. This recognition has
been embodied in successive master and local supplemental collective-bargaining agreements,
with the most recent master agreement effective from September 30, 2012 to October 3, 2015,
and the most recent local supplemental agreement effective from October 22, 2010 to October
20, 2013.
(1)
At all times since about 1958, based on Section 9(a) of the Act, the Union
has been the exclusive collective-bargaining representative of the Unit.
(m)
At various times from about September 17, 2013 through October 16,
2013, Respondent and the Union met for the purposes of negotiating a successor local
supplemental collective-bargaining agreement to the local supplemental agreement described
above in paragraph 6(k).
(n)
During the period described above in paragraph 6(m), Respondent insisted
5
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to impasse, as a condition of reaching any collective-bargaining agreement, that the Union agree
to bargaining proposals that would constitute midterm modifications to the wage and benefit
provisions of the master agreement described above in paragraph 6(k).
(o)
The condition described above in paragraph 6(n) is not a mandatory
subject for the purposes of collective bargaining
(p)
Petitioner has reasonable cause to believe, by the conduct described above
in paragraph 6(g), Respondent has been interfering with, restraining, and coercing employees in
the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the
Act.
(q)
Petitioner has reasonable cause to believe, by the conduct described above
in paragraphs 6(h) and 6(i), Respondent has been discriminating in regard to the hire or tenure or
terms or conditions of employment of its employees, thereby discouraging membership in a labor
organization in violation of Section 8(a)(1) and (3) of the Act.
(r)
Petitioner has reasonable cause to believe, by the conduct described above
in paragraphs 6(h), 6(i), 6(n), and 6(o), Respondent has been failing and refusing to bargain
collectively and in good faith with the exclusive collective-bargaining representative of its
employees within the meaning of Section 8(d) of the Act in violation of Section 8(a) (1) and (5)
of the Act.'
(s)
The unfair labor practices of Respondent described above affect
commerce within the meaning of Section 2(6) and (7) of the Act.
1
An Amendment to the Complaint was issued on April 8, 2014 to replace Paragraph 13. (A copy of the
Amendment is attached hereto as Exh. G).
6
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7.
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Upon information and belief, it may be fairly anticipated that, unless enjoined,
Respondent will continue to engage in the conduct set forth in paragraphs 6(g), 6(h), 6(i), 6(n) and 6(o),
or similar acts in violation of Section 8(a)(1), (3) and (5) of the Act.
It is therefore necessary, just and proper that the effects of Respondent's acts and conduct be
dissipated by remedial action on the part of Respondent so that its employees can freely exercise the
rights guaranteed them by the Act and their rights not be impeded, impaired or hindered.
8.
There is imminent danger that substantial and irreparable injury will result to
Respondent's employees and the Union's ability to represent the bargaining unit unless the continuation
of the above mentioned unfair labor practices is immediately restrained. A serious flouting of the Act
and of public policies involved in the Act will continue, with the result that enforcement of important
provisions of the Act and of public policy will be impaired before Respondent can be placed under legal
restraint through the regular procedures of a Board order. Unless injunctive relief is immediately
obtained, it may fairly be anticipated that Respondent will continue its unlawful conduct during the
proceedings before the Board with the result that employees will continue to be deprived of their
fundamental right to be represented for purposes of collective bargaining as provided for in the Act.
9.
Upon information and belief, to avoid the serious consequences set forth above, it is
essential, appropriate and just and proper, for the purposes of effectuating the policies of the Act and
avoiding substantial, irreparable, and immediate injury to such policies, to the public interest, and to
employees of Respondent, and in accordance with the purposes of Section 10(j) of the Act, that, pending
the final disposition of the matters involved herein by the Board, Respondent be enjoined and restrained
from the commission of the acts and conduct alleged above, similar acts and conduct or repetitions
thereof.
10.
No previous application has been made by Petitioner for the relief requested herein.
7
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WHEREFORE, Petitioner prays:
1.
That this Court issue an Order directing Respondent appear before this Court, at a time
and place fixed by the Court, and show cause, if any there be, why an injunction should not issue
enjoining and restraining Respondent, its officers, representatives, supervisors, agents, employees,
attorneys and all persons acting on its behalf or in participation with it, from engaging in the acts and
conduct described above, similar or like acts, or other conduct in violation of Section 8(a)(1), (3) and (5)
of the Act, or repetitions thereof, and that the instant Petition be disposed of on the basis of the briefs
and affidavits, without oral testimony, absent further order of the Court.
2.
That the Court issue an Order directing Respondent, its officers, representatives,
supervisors, agents, employees, attorneys, and all persons acting on its behalf or in participation with it,
to cease and desist from the following acts and conduct, pending the final disposition of the matters
involved herein by the Board:
(a)
Refusing to bargain in good faith with the Union as the exclusive
collective-bargaining representative of the unit employees by insisting to impasse on bargaining
proposals that are nonmandatory subjects of bargaining;
(b)
Locking out the bargaining unit employees in furtherance of unlawful
conduct calculated to frustrate its employees' bargaining rights;
(c)
Threatening to lock out the bargaining unit employees in furtherance of
unlawful conduct calculated to frustrate its employees' bargaining rights; and
(d)
In any other manner interfering with, restraining, or coercing its
employees in the exercise of their Section 7 rights.
3.
That the Court further order Respondent, its officers, representatives, supervisors,
agents, employees, attorneys, and all persons acting on its behalf or in participation with it, to
8
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 10 of 35
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take the following affirmative action necessary to effectuate the policies of the Act pending the
final disposition of the matters involved herein by the Board:
(a)
Recognize and, upon request, bargain in good faith with the Union as its
employees' exclusive collective-bargaining representative concerning their wages, hours, and
other terms and conditions of employment;
(b)
Within five (5) days of the district court's order, offer each and every
bargaining unit employee locked out on October 22, 2013, full and immediate interim
reinstatement to his or her former position at the terms and conditions of employment in effect
on that date, or, if those positions no longer exist, to substantially equivalent positions, without
prejudice to their seniority or other rights and privileges, displacing, if necessary, any newly
hired or reassigned workers;
(c)
Post copies of the district court's order at Respondent's facility in all
locations where notices to employees are customarily posted, including the website
www.kelloggnegotiations.com; said postings shall be maintained during the pendency of the
Board proceeding free from all obstructions and defacements; and grant agents of the Regional
Director of Region 15 of the Board reasonable access to Respondent's facility to monitor
compliance with this posting requirement; and
(d)
Within twenty (20) days of the issuance of this Order, serve upon the
District Court, and submit a copy to the Regional Director of Region 15 of the Board, a sworn
affidavit from a responsible Respondent official describing with specificity the manner in which
Respondent has complied with the terms of the Court's order, including the locations of the
documents to be posted under the terms of the order.
9
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 11 of 35
4.
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That, upon return of the Order to Show Cause, the Court issue an order enjoining
and restraining Respondent in the manner set forth above and in the manner set forth in
Petitioner's Order Granting Temporary Injunction.
5.
That the Court grant such other and further relief as may be just and proper.
6.
That the Court grant expedited consideration to this petition, consistent with 28
U.S.C. § 1657(a) and the remedial purposes of Section 10(j) of the Act.
th
Dated at Memphis, Tennessee, this 15 day of April, 2014
M. Kathleen McKinney, Regional Director
National Labor Relations Board — Region 15
600 South Maestri Place, 7th Floor
New Orleans, LA 70130-3408
By:
/s/ Christopher J. Roy
COUNSEL FOR PETITIONER
National Labor Relations Board
Region 15, Subregion 26
80 Monroe Avenue, Suite 350
Memphis, TN 38103
Telephone: (901) 544-0056
Facsimile: (901) 544-0008
E-Mail: [email protected]
California Bar No. 188872
10
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 12 of 35
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dt
'
10/71 /201
r iA
NUB I.41:
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 13 of 35
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FORM EXEMPT UNDER 44 %MC 3512
UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
INTERNET
FORM NLRB-501
12-081
DO NOT WRITE IN THIS SPACE
Dale Filed
Case
CHARGE AGAINST EMPLOYER
15—CA - 115259
10/21/2013
INSTRUCTIONS:
le on otlulnal with NLRB Reolonsi Dimetor for Use raglan In which the ahisged unfair labor practice OCCUMIti ar Is inesnis .
1, EMPLOYER AGAINST WHOM 'CHARGE IS BROUGHT
b. Tel No
'
. 269-981-9482
a. Name of Employer
Kellogg Company
c. Cell No
f. Fax No.
•
269-961-2155
e Employer Representative
d. Address (Street, city, state, and ZIP code)
g. e-Mail
Kristie Chomy
VP of Labor Relations
One Kellogg's Square
Battle Creek, MI 49017
h. Number of workers employed
226
i Type of Establishment (factor)., mine. wholesaler, eta)
j. Identify principal product or service
Factory
Cereal & other Baked Goods
Ii. The above-named employer has engaged in and Is engaging in unfair labor practices within the meaning of section 8(a), subsections (1) and (list
subsections) 5
of the National Labor Relations Act, and these unfair labor
practices are practices affecting commerce within the meaning of the Act, or these unfair labor practices are unfair practices affecting commerce
within the meaning of the Ad and the Postal Reorganization Act
2. Basis of the Charge (set forth a clear and concise statement of die kids constituting the alleged unfair labor practices)
Since on or about October 1,2013. the Employer, by its officers, agents, and representatives, has refused to bargain in
good faith with BCTGM and Local 2520, labor organizations chosen by a majority of employees in a unit appropriate for
bargaining, by insisting on closed subjects of bargaining, and bypassing the Union to threaten its employees with a lockout
for an illegal purpose.
The Union demands injunctive relief.
3. Full name of pally filing charge
re labor organization, glv_e full nrI le, including local name and numbed
Bakery, Confectionery, Tobacco Workers and Grain
'Hers International Union, and Local 252-G
4e. Address (Street and number, city state, and ZIP code)
4b. Tel. No.
.
3035 Directors
Row
Building A #1310
Memphis, TN 38131
901-396-1499
4c. Cell No.
4d. Fax No.
901-396-1419
ae. e-Mat
5 Full name of national or International labor organization of which it is an affiliate or constituent unit (to be tilled in when charge is tiled bye labor
orgemzetion)
Bakery, Confectionery, Tobacco Workers & Grain Millers International Union, AFL-CIO, CLC
Tel. No.
6. DECLARATION
I declare that I have read he above charge and
.........„-- --- of
(sgnatua-oPF‘Fesenfet6vo orI4R
making
I the statements are true to the best of my knowledge and belief.
Office, if any, Cell No.
Samuel Morris, Attorney
901-949-1144/901-483-0838
(13:Wayne name and We or office. It any)
50 North Front Street, Ste 800, Memphis, TN 38103
901-528-1702
Oct. 21, 2013
A4dress
(dale)
Fax No.
901-528-0246
e•mail
[email protected]
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)
PRIVACY ACT STATEMENT
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. 5 151 et seq. The principal use of the information is to assist
the National Labor Relations Board (NLRB) in processing unfair labor practice and telated proceedings or litigation. The routine uses for the Information are fully set forth in
the Federal Register, 71 Fed. Reg. 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the NLRB is
voluntary; however, failure to supply the information will cause the NLRB to decline to invoke its processes.
Exhibit A
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 14 of 35
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Form NLRB - 501 2-08
DO NOT WRITE IN THIS SPACE
UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
Case
Date Filed
FIRST AMENDED CHARGE AGAINST EMPLOYER
INSTRUCTIONS:
15-CA-115259
11-20-13
File an original of this charge with NLRB Regional Director in which the alleged unfair labor practice occurred or is occurring.
1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT
a. Name of Employer
b. Tel. No.
(269) 961-9482
Kellogg Company
d. Address (street, city, state ZIP code)
c. Cell No.
f. Fax No.
e. Employer Representative
One Kellogg's Square
Battle Creek, MI 49017
Kristie Chorny
VP of Labor Relations
(269) 961-2155
g. e-Mail
h. Dispute Location (City and State)
Memphis, TN
I. Type of Establishment (factory, nursing home,
hotel)
j. Principal Product or Service
Factory
Ready-to-eat cereal
k. Number of workers at dispute location
226
I. The above-named employer has engaged in and is engaging unfair labor practices within the meaning of section 8(a), subsections (1) and (5) of the
National Labor Relations Act, and these unfair labor practices are practices affecting commerce within he meaning of the Act, or these unfair labor
practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.
2. Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)
SEE ATTACHMENT TO FIRST AMENDED CHARGE
3 Full name of party filing charge (if labor organization, give full name, including local name and number)
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and Local 252-G
4a Address (street and number, city, state, and ZIP code)
4b. Tel. No.
3035 Directors Row
Building A #310
Memphis, TN 38131
.
(901) 396-1499
4c. Cell No.
4d. Fax No.
-
-
-
-
.
(901)396-1419
4e. e-Mail
5. Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge is filed by a labor
organization)
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, AFL-CIO, CLC
6 DECLARATION
I declare that I have read the abov
my knowledge and belief.
Tel. No.
e and that the statemen •ire true to the best of
(901) 528-1702
Office, If any, Cell No.
By
Samuel Morris, Attorney
(901) 949-1144/(901) 483-0838
(signature of representative or person making charge)
Print Name and Title
Fax No.
North Front St., Ste. 800,
Memphis, TN 38103
Date,
e-Mail
(901) 528-0246
Address:50
1 iPM]
[email protected]
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE IS, SECTION 1001)
PRIVACY ACT STATEMENT
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S C § 151 et seq The principal use of the information is to
assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigation. The routine uses for the information are fully
set forth in the Federal Register, 71 Fed. Reg 74942-43 (Dec. 13, 2006). The NLRB will further explain these us-es upon request. Disclosure of this information to the
NLRB is voluntary, however, failure to supply the information will cause the NLRB to decline to invoke its processes
Exhibit B
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 15 of 35
PageID 15
ATTACHMENT TO FIRST AMENDED CHARGE
KELLOGG COMPANY
CASE 15-CA-115259
Since about September 17, 2013, the above-named Employer, by its officers, agents
and representatives, has failed or refused to bargain in good faith with the Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union and Local 252-G
("the Union"), a labor organization chosen by a majority of its employees in a unit
appropriate for bargaining, by insisting on closed subjects of bargaining, threatening to
lockout employees and locking out employees for illegal purposes and reasons.
Since about October 4, 2013, the above-named Employer, by its officers, agents and
representatives, has bypassed the Union and engaged in direct dealing with employees
by communicating directly with employees via mail and an Internet website concerning
bargaining proposals and by providing unit employees with bargaining proposals prior to
or contemporaneously with communication of the proposals to the Union.
Since about October 9, 2013, the above-named Employer, by its officers, agents and
representatives, has failed or refused to bargain in good faith with the Union by failing or
refusing to provide the Union with information concerning job bidding where the
information is relevant and necessary to the Union's duties as collective bargaining
representative.
The Charging Party requests injunctive relief pursuant to Section 10(j) of the National Labor
Relations Act.
Exhibit B
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 16 of 35
PageID 16
Form NLRB - 501 2-08
DO NOT WRITE IN THIS SPACE
UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
Date Filed
Case
SECOND AMENDED CHARGE AGAINST EMPLOYER
INSTRUCTIONS:
15-CA-115259
'
12/27/2013
File an original of this charge with NLRB Regional Director in which the alleged unfair labor practice occurred or is occurring
1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT
b. Tel. No.
a. Name of Employer
(269) 961-9482
Kellogg Company
c. Cell No.
f. Fax No.
e. Employer Representative
d. Address (street, city, state ZIP code)
(269) 961-2155
Kristie Chorny
VP of Labor Relations
One Kellogg's Square
Battle Creek, MI 49017
g e-Mail
h. Dispute Location (City and State)
Memphis, TN
i. Type of Establishment (factory, nursing home, hotel)
j. Principal Product or Service
Factory
Ready-to-eat cereal
k. Number of workers at dispute location
226
I. The above-named employer has engaged in and is engaging unfair labor practices within the meaning of section 8(a), subsections (1) and (5) of the
National Labor Relations Act, and these unfair labor practices are practices affecting commerce within he meaning of the Act, or these unfair labor
practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.
2. Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)
SEE ATTACHMENT TO FIRST AMENDED CHARGE
i
-
3. Full name of party filing charge (if labor organization, give full name, including local name and number)
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and Local 252-G
4b. Tel. NO.
4a Address (Street and number, city, slate, and ZIP code)
(901) 396-1499
3035 Directors Row
Building A #310
Memphis, TN 38131
4c. Cell No.
I
4d. Fax NO.
'
-
"
-
(901) 396z1419 4e. e-Mail
5. Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge is filed by a labor
organization)
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, AFL-CIO, CLC
6. DECLARATION
I declare that I have read the ..
my knowledge and bell-
Tel No.
charge and that the statements are true to the best of
-
(901) 528-1702
Office, if any, Cell No.
Samuel Morris, Attorney •
(901) 949-1144/(901) 483-0838
(signat '1.11:Til?''sresentati ,ir'person m7ing charge
Print Name and Title
Fax No.
Address:50 North Front St., Ste. 800,
Memphis, TN 38103
Date.
)
1 IL 7
(901) 528-0246
/ I ---p
1 -".
e-Mail
[email protected]
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1091)
PRIVACY ACT STATEMENT
Soholimon of the information on this form is authorized by the National Labor Relaticris Act (NLFtA), 29 U.S C § 151 et seq. The principal use of the information is to
assist the National Labor Relations Board (NUB) in processing unfair labor practice and related proceedings or litigation The routine uses for the information are fully
set forth in the Federal Register, 71 Fed Reg. 74942-43 (Dec 13, 2006). The NLRB will further explain these uses upon request. Disclosure o f this information to the
NLRB is voluntary, however, failure to supply the information will cause the NLRB to decline to invoke its processes.
Exhibit C
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 17 of 35
PageID 17
ATTACHMENT TO FIRST AMENDED CHARGE
KELLOGG COMPANY
CASE 15-CA-115259
Since about September 17, 2013, the above-named Employer, by its officers, agents
and representatives, has failed or refused to bargain in 'good faith with the Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union and Local 252-G
("the Union"), a labor organization chosen by a majority of its employees in a unit
appropriate for bargaining by:
1. Insisting on closed subjects of bargaining;
2. Insisting on contract terms, including weekend premium pay and alternative
crewing schedules, which are contrary to the terms of a controlling Master
Agreement;
3. Threatening to lockout employees,and
4. Locking out employees for illegal purposes and reasons.
Since about October 4, 2013, the above-named Employer, by its officers, agents and
representatives, has bypassed the Union and engaged in direct dealing with employees
by communicating directly with employees via mail and an internet website concerning
bargaining proposals and by providing unit employees With bargaining proposals prior to
or contemporaneously with communication of the proposals to the Union.
Since about October 9, 2013, the above-named Employer, by its officers, agents and
representatives, has failed or refused to bargain in good faith with the Union by failing or
refusing to provide the Union with information concerning job bidding where the
information is relevant and necessary to the Union's duties as collective bargaining
representative.
The Charging-Party requests injunctive-relief-pursuant-to-Section 10(j)-of-the-Nationat LaborRelations Act.
Exhibit C
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 18 of 35
PageID 18
Form NLRB • 501 12-08
DO NOT WRITE IN THIS SPACE
UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
Date Filed
Case
THIRD AMENDED CHARGE AGAINST EMPLOYER
INSTRUCTIONS:
15-CA-115259
File an original of this charge with NLRB Regional Director in which the alleged unfair labor practice occurred or is oCcurrita
1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT
b. Tel No,
a. Name of Employer
(269) 961-9482
Kellogg Company
d. Address (street, city, state ZIP code)
e. Employer Representative
One Kellogg's Square
Battle Creek, MI 49017
Kristie Chomy
VP of Labor Relations
c. Cell No.
f. Fax No.
(269) 961-2155
g. e-Mail
•
h. Dispute Location (City and State)
Memphis, TN
i. Type of Establishment (factory, nursing home,
hotel)
j. Principal Product or Service
Factory
Ready-to-eat cereal
k Number of workers at dispute location
226
I The above-named employer has engaged in and is engaging unfair labor practices within the meaning of section 8(a). subsections (1) and (5) of the
National Labor Relations Act, and these unfair labor practices are practices affecting commerce within he meaning of the Act, or these unfair labor
practices are unfair practices affecting commerce within the Meaning of the Act and the Postal Reoganization Act.
2 Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)
SEE ATTACHMENT TOTHIRD AMENDED CHARGE
3 Full name of party filing charge (if labor organization, give full name, including local name and number)
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and Local 252-G
40. Address (street and number, city, state, and ZIP code)
4b. Tel. No.
3035 Directors Row
Building A #310
Memphis, TN 38131
(901) 396-1499
4c. Cell No.
4d Fax No.
-
(901) 396-1419
.
4e. e-Marl
5 Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge is filed by a labor
organization)
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, AFL-CIO, CLC
6 DECLARATION
I declare that I have read the above charge and that the statements are true to the best of •
my knowledge . - • .: ef.
Tel No.
(901) 528-1702
Office, if any, Cell No.
By.
(si. ature of representative or person making charge)
-
Samuel Morris, Attorney
Print Name and Title
(901) 949-1144/(901) 483-0838
Fax No
(901) 528-0246
Address.50 North Front St., Ste. 800,
Memphis, TN 38103
Date:
-T--fTh ( () 1W 144
e-Mail
[email protected]
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)
PRIVACY ACT STATEMENT
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U S.C. § 151 el seq. The principal use of the information is to
assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigation The routine uses for the information are fully
set forth in the Federal Register, 71 Fed. Reg 74942-43 (Dec 13, 2006) The NLRB will further explain these uses upon request. Disclosure of this information to the
NLRB is voluntary, however, failure to supply the information will cause the NLRB to decline to invoke its processes.
Exhibit D
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 19 of 35
PageID 19
ATTACHMENT TO THR1D AMENDED CHARGE
KELLOGG COMPANY
CASE 15-CA-115259
Since about September 17, 2013, the above-named Employer, by its officers, agents and
representatives, has failed or refused to bargain in good faith with the Bakery, Confectionery,
Tobacco Workers and Grain Millers International Union and Local 252-G ("the Union"), a labor
organization chosen by a majority of its employees in a unit appropriate for bargaining, by
insisting on proposals which are inherently destructive of employee rights and making and
insisting on contract proposals during the negotiation of a local agreement that are contrary to
and would make a controlling, master agreement meaningless, including proposals to, among
other things: convert casual employees into full-time permanent employees who would be paid
$6.00 per hour less than the contract rate and who would not receive any health insurance or
other benefits; remove the cap on the number of casuals and all restrictions on their use,
make all future hires casuals; and use alternative crewing schedules which would allow the
facility to shift from a 5-day to a 7 day-a-week operation through the use of the casual
employees who would be hired after the new contract went into effect.
Since about October 9, 2013, the above-named Employer, by its officers, agents and
representatives, has failed or refused to bargain in good faith with the Union by failing or
refusing to provide the Union with information concerning job bidding where the
information is relevant and necessary to the Union's duties as collective bargaining
representative.
On about October 16, 2013, the above-named Employer, by its officers, agents and
representatives, threatened to lockout employees.
On about October 22, 2013, the above-named Employer unlawfully locked out the entire unit of
production and maintenance employees at its Memphis facility for illegal purposes and
-- -reasons. The Charging Party requests injunctive relief pursuant to Section 10(j) of the National Labor
Relations Act.
Initials
Exhibit D
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 20 of 35
PageID 20
Form NLRB - 501 (2-08)
UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
DO NOT WRITE IN THIS SPACE
Date Filed
Case
FOURTH AMENDED CHARGE AGAINST EMPLOYER
INSTRUCTIONS:
15-CA-115259
,ViNV/41
File an ori inal of this char e with NLRB Reciional Director in which the alle ed unfair labor practice occurred or is occurring.
1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT
b. Tel. No.
a Name of Employer
(269) 961-9482
Kellogg Company
c. Cell No.
f. Fax No.
e. Employer Representative
d. Address (street, city, state ZIP code)
(269) 961-2155
Kristie Chorny
One Kellogg's Square
e-Mail
g.
VP
of
Labor
Relations
Battle Creek, MI 49017
i. Type of Establishment (factory, nursing home,
hotel)
Factory
j. Principal Product or Service
Ready-to-eat cereal
h Dispute Location (City and State)
Memphis, TN
k. Number of workers at dispute location
226
I. The above-named employer has engaged in and is engaging unfair labor practices within the meaning of section 8(a), subsections (1), (3) and (5) of
the National Labor Relations Act, and these unfair labor practices are practices affecting commerce within the meaning of the Act, or these unfair
labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act
2. Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)
SEE ATTACHMENT TO FOURTH AMENDED CHARGE
3.Full name of party filing charge (if labor organization, give full name, including local name and number)
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union and Local 252-G
4b Tel. No.
4a. Address (street and number, city, state, and ZIP code)
(901) 396-1499
3035 Directors Row
4c Cell No.
.Building A #310
Memphis, TN 38131
4d. Fax No.
(901) 396-1419
4e. e-Mail
5.Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge is filed by a labor
organization)
Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, AFL-CIO, CLC
Tel. No.
6. DECLARATION
I declare that I have read the above charge and that the statements are true to the best of
(901) 528-1702
my knowledge d belief.
Office, if any, Cell No
By.
Samuel Morris, Attorney
(901) 949-1144/(901) 483-0838
Print Name and Title
Fax No.
(sig Thre of representative or person making charge)
.(901)
528-0246
e-Mail
Date: L.,/ /1)
1 iL.J.
Address.50 North Front St.,'Ste. 800,
[email protected]
Memphis, TN 38103
'
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)
PRIVACY ACT STATEMENT
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. § 151 el seq. The principal use of the information is to
assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigation. The routine uses for the information are fully
set forth in the Federal Register, 71 Fed. Reg 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the
NLRB is voluntary; however, failure to supply the information will cause the NLRB to decline to invoke its processes
Exhibit E
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 21 of 35
PageID 21
ATTACHMENT TO FOURTH AMENDED CHARGE
KELLOGG COMPANY
CASE 15-CA-115259
Since about September 17, 2013, the above-named Employer, by its officers, agents and
representatives, has failed or refused to bargain in good faith with the Bakery, Confectionery,
Tobacco Workers and Grain Millers International Union and Local 252-G ("the Union"), a labor
organization chosen by a majority of its employees in a unit appropriate for bargaining, by
insisting on proposals which are inherently destructive of employee rights and making and
insisting on contract proposals during the negotiation of a local agreement that are contrary to
and would make a controlling, master agreement meaningless, including proposals to, among
other things: convert casual employees into full-time permanent employees who would be paid
$6.00 per hour less than the contract rate and who would not receive any health insurance or
other benefits; remove the cap on the number of casuals and all restrictions on their use;
make all future hires casuals; and use alternative crewing schedules which would allow the
facility to shift from a 5-day to a 7 day-a-week operation through the use of the casual
employees who would be hired after the new contract went into effect.
Since about October 9, 2013, the above-named Employer, by its officers, agents and
representatives, has failed or refused to bargain in good faith with the Union by failing or
refusing to provide the Union with information concerning job bidding where the
information is relevant and necessary to the Union's duties as collective bargaining
representative.
On about October 16, 2013, the above-named Employer, by its officers, agents and
representatives, threatened to lockout employees.
On about October 22, 2013, the above-named Employer unlawfully locked out the entire unit of
production and maintenance employees at its Memphis facility for illegal purposes and
reasons.
The Charging Party requests injunctive relief pursuant to Section 10(j) of the National Labor
Relations Act.
-v
Initials
Exhibit E
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 22 of 35
PageID 22
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 15
*********
*
*
KELLOGG COMPANY
*
*
and
*
*
BAKERY, CONFECTIONERY,
*
TOBACCO WORKERS AND GRAIN
MILLERS INTERNATIONAL UNION AND *
*
ITS LOCAL UNION 252-G
*
**********************
* * * * * * * * * * * * *
Case 15-CA-115259
COMPLAINT AND NOTICE OF HEARING
This Complaint and Notice of Hearing is based on a charge filed by Bakery,
Confectionery, Tobacco Workers and Grain Millers International Union and its Local 252-G
(Union). It is issued pursuant to Section 10(b) of the National Labor Relations Act, 29 U.S.C. §
151 et seq. (the Act), and Section 102.15 of the Rules and Regulations of the National Labor
Relations Board (the Board) and alleges that Kellogg Company (Respondent) has violated the
Act as described below:
1(a) The charge in this proceeding was filed by the Union on October 21, 2013, and a
copy was served by regular mail on Respondent on October 22, 2013.
(b)
The first amended charge in this proceeding was filed by the Union on November
20, 2013, and a copy was served by regular mail on Respondent on November 21, 2013.
(c)
The second amended charge in this proceeding was filed by the Union on
December 27, 2013, and a copy was served by regular mail on Respondent on December 30,
2013.
1
Exhibit F
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 23 of 35
(d)
PageID 23
The third amended charge in this proceeding was filed by the Union on February
3, 2014, and a copy was served by regular mail on Respondent on February 4, 2014.
(e)
The fourth amended charge in this proceeding was filed by the Union on February
10, 2014, and a copy was served by regular mail on Respondent on February 10, 2014.
2(a) At all material times, Respondent has been a corporation with an office and place
of business in Memphis, Tennessee (Respondent's facility), and has been engaged in the
processing, packaging, and nonretail sale of ready-to-eat cereal products.
(b)
In conducting its operations annually, Respondent sold and shipped from its
Memphis, Tennessee facility goods valued in excess of $50,000 directly to points outside the
State of Tennessee.
(c)
Annually, Respondent, in conducting its operations described above in paragraph
2(a), purchased and received at its Memphis, Tennessee facility goods valued in excess of
$50,000 directly from points outside the State of Tennessee.
3.
At all material times, Respondent has been an employer engaged in commerce
within the meaning of Section 2(2), (6) and (7) of the Act.
4.
At all material times, the Union has been a labor organization within the meaning
of Section 2(5) of the Act.
5.
At all material times, the following individuals held the positions set forth
opposite their respective names and have been supervisors of Respondent within the meaning of
Section 2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the
Act:
Darin Aldrich
-
Human Resources Manager
Kristy Chorny
-
Senior Director Labor Relations
2
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 24 of 35
Lacey Ivy
Employee Relations Manager
Rachel McConnell -
Operations Manager
Chris Rook
Plant Director
Bob Solt
6.
-
PageID 24
V.P. RTEC Manufacturing
About October 16, 2013, Respondent, by letter to employees from Plant Director
Chris Rook, and in furtherance of the unlawful bargaining objective described below in
paragraphs 9(b) and 9(c), threatened to lock out employees in support of its bargaining demands
if the Union did not ratify Respondent's last contract offer before October 22, 2013.
7(a) Since October 22, 2013, Respondent has locked out all bargaining-unit employees
at its Memphis, Tennessee facility.
(b) Respondent engaged in the conduct described above in paragraph 7(a) in
furtherance of an unlawful bargaining objective as described below in paragraphs 9(b) and 9(c).
8(a) The following employees of Respondent (the Unit) constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section 9(b) of the Act:
All regular hourly rate employees of the Company, including production,
maintenance, warehouse, boiler house and all other departments of the
Memphis, Tennessee plant, but excluding salaried employees.
(b)
Since about 1958 and at all material times, Respondent has recognized the Union
as the exclusive collective-bargaining representative of the Unit. This recognition has been
embodied in successive master and local supplemental collective-bargaining agreements, with
the most recent master agreement effective from September 30, 2012 to October 3, 2015, and the
most recent local supplemental agreement effective from October 22, 2010 to October 20, 2013.
(c)
At all times since about 1958, based on Section 9(a) of the Act, the Union has
been the exclusive collective-bargaining representative of the Unit.
9(a) At various times from about September 17, 2013 through October 16, 2013,
3
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 25 of 35
PageID 25
Respondent and the Union met for the purposes of negotiating a successor local supplemental
collective-bargaining agreement to the local supplemental agreement described above in
paragraph 8(b).
(b)
During the period described above in paragraph 9(a), Respondent insisted to
impasse, as a condition of reaching any collective-bargaining agreement, that the Union agree to
bargaining proposals that would constitute midterm modifications to the wage and benefit
provisions of the master agreement described above in paragraph 8(b).
-
(c)
The condition described above in paragraph 9(b) is not a mandatory subject for
the purposes of collective bargaining.
10(a) Since about October 10, 2013, the Union has requested orally that Respondent
furnish the Union with the following information:
(i) The total number of jobs bid in the plant in the previous three years;
(ii) The total number of employees who were awarded a job in the past 12 months
and a copy of the bids;
(iii) The total number of employees awarded more than one new job bid in the last
three years and a copy of the bids; and .
(iv) The identity of the person who would make the final decision on who is awarded
the job bid.
(b)
The information requested by the Union, as described above in paragraph 10(a) is
necessary for, and relevant to, the Union's performance of its duties as the exclusive collectivebargaining representative of the Unit.
4
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 26 of 35
(c)
PageID 26
Since about October 10, 2013, Respondent has failed and refused to furnish the
Union with the information requested by it as described above in paragraph 10(a).
11.
By the conduct described above in paragraph 6, Respondent has been interfering
with, restraining, and coercing employees in the exercise of the rights guaranteed in Section 7 of
the Act in violation of Section 8(a)(1) of the Act.
12.
By the conduct described above in paragraph 7, Respondent has been
discriminating in regard to the hire or tenure or terms or conditions of employment of its
employees, thereby discouraging membership in a labor organization in violation of Section
8(a)(1) and (3) of the Act.
13.
By the conduct described above in paragraphs 9(b), 9(c), and 10(c), Respondent
has been failing and refusing to bargain collectively and in good faith with the exclusive
collective-bargaining representative of its employees within the meaning of Section 8(d) of the
Act in violation of Section 8(a)(1) and (5) of the Act.
14.
The unfair labor practices of Respondent described above affect commerce within
the meaning of Section 2(6) and (7) of the Act.
ANSWER REQUIREMENT
Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board's Rules
and Regulations, it must file an answer to the complaint. The answer must be received by this
office on or before April 10, 2014, or postmarked on or before April 9, 2014. Respondent
should file an original and four copies of the answer with this office and serve a copy of the
answer on each of the other parties.
An answer may also be filed electronically through the Agency's website. To file
electronically, go to www.nlrb.gov, click on File Case Documents, enter the NLRB Case
5
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 27 of 35
PageID 27
Number, and follow the detailed instructions. he responsibility for the receipt and usability of
the answer rests exclusively upon the sender. Unless notification on the Agency's website
informs users that the Agency's E-Filing system is officially determined to be in technical failure
because it is unable to receive documents for a continuous period of more than 2 hours after
12:00 noon (Eastern Time) on the due date for filing, a failure to timely file the answer will not
be excused on the basis that the transmission could not be accomplished because the Agency's
website was off-line or unavailable for some other reason. The Board's Rules and Regulations
require that an answer be signed by counsel or non-attorney representative for represented parties
or by the party if not represented. See Section 102.21. If the answer being filed electronically is a
pdf document containing the required signature, no paper copies of the answer need to be
transmitted to the Regional Office. However, if the electronic version of an answer to a
complaint is not a pdf file containing the required signature, then the E-filing rules require that
such answer containing the required signature continue to be submitted to the Regional Office by
traditional means within three (3) business days after the date of electronic filing. Service of the
answer on each of the other parties must still be accomplished by means allowed under the
Board's Rules and Regulations. The answer may not be filed by facsimile transmission. If no
answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for
Default Judgment, that the allegations in the complaint are true.
NOTICE OF HEARING
PLEASE TAKE NOTICE THAT on May 5, 2014, at 9:00 a.m. (CDT), in the hearing
room, National Labor Relations Board, 80 Monroe Avenue, Suite 350, Memphis,
Tennessee, and on consecutive days thereafter until concluded, a hearing will be conducted
before an administrative law judge of the National Labor Relations Board. At the hearing,
Respondent and any other party to this proceeding have the right to appear and present testimony
6
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 28 of 35
PageID 28
regarding the allegations in this consolidated complaint. The procedures to be followed at the
hearing are described in the attached Form NLRB-4668. The procedure to request a
postponement of the hearing is described in the attached Form NLRB-4338.
Dated: March 27, 2014
/s/
M. KATHLEEN MCKINNEY
REGIONAL DIRECTOR
NATIONAL LABOR RELATIONS BOARD
REGION 15
600 S MAESTRI PL
FL 7
NEW ORLEANS, LA 70130-3414
Attachments
7
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 29 of 35
PageID 29
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 15
KELLOGG COMPANY
Case 15-CA-115259
and
BAKERY, CONFECTIONERY, TOBACCO
WORKERS AND GRAIN MILLERS
INTERNATIONAL UNION AND ITS
LOCAL 252-G
AFFIDAVIT OF SERVICE OF: Complaint and Notice of Hearing (with forms NLRB4338, Important Notice, and NLRB-4668 attached) dated March 27, 2014
I, the undersigned employee of the National Labor Relations Board, being duly sworn, say that
on March 27, 2014, I served the above-entitled document(s) by certified or regular mail, as
noted below, upon the following persons, addressed to them at the following addresses:
CERTIFIED MAIL
7012 2210 0001 4451 9959
RETURN RECEIPT REQUESTED
KRISTIE CHORNY, VP OF LABOR RELATIONS
KELLOGG COMPANY
ONE KELLOGG'S SQUARE
BATTLE CREEK, MI 49017
DAVID M. BUDAY, ESQ.
MILLER JOHNSON ATTORNEYS AND COUNSELORS
100 W MICHIGAN AVE
SUITE 200
KALAMAZOO, MI 49007-3960
REGULAR MAIL
SAMUEL MORRIS, ESQ.
GOD WIN MORRIS LAURENZI & BLOOMFIELD PC
50 N FRONT STREET
SUITE 800
MEMPHIS, TN 38103
REGULAR MAIL
BAKERY, CONFECTIONERY, TOBACCO WORKERS AND
GRAIN MILLERS INTERNATIONAL UNION AND ITS
LOCAL 252-G
3035 DIRECTORS ROW, BUILDING A-1310
MEMPHIS, TN 38131
March 27, 2014
Date
CERTIFIED MAIL
7012 2210 0001 4451 9966
Ann Ralph, Designated Agent of NLRB
Name
/s/
Signature
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 30 of 35
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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 15
* * * * * * * * * * * * *
*********
*
*
*
*
*
KELLOGG COMPANY'
and
Case 15-CA-115259
*
*
*
*
*
**********************
BAKERY, CONFECTIONERY,
TOBACCO WORKERS AND GRAIN •
MILLERS INTERNATIONAL UNION AND
ITS LOCAL UNION 252-G
AMENDMENT TO COMPLAINT
Pursuant to Section 102.17 of the Rules and Regulations of the National Labor
Relations Board (the Board), replace Paragraph 13 of the Complaint and Notice of
Hearing issued on March 27, 2014, with the below Paragraph 13:
13.
By the conduct described above in paragraphs 7, 9(b), 9(c), and 10(c), Respondent
has been failing and refusing to bargain collectively and in good faith with the exclusive
collective-bargaining representative of its employees within the meaning of Section 8(d) of the
Act in violation of Section 8(a)(1) and (5) of the Act.
Respondent is further notified that, pursuant to Sections 102.20 and 102.21 of the
Board's Rules and Regulations, Respondent must file an answer to the above amendment
to complaint. The answer must be received by this office on or before April 22, 2014,
or postmarked on or before April 21, 2014. Respondent should file an original and four
copies of the answer with this office and serve a copy of the answer on each of the other
parties.
An answer may also be filed electronically through the Agency's website. To file
electronically, go to www.nlrb.gov, click on File Case Documents, enter the NLRB Case
1
Exhibit G
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 31 of 35
PageID 31
Number, and follow the detailed instructions. The responsibility for the receipt and
usability of the answer rests exclusively upon the sender. Unless notification on the
Agency's website informs users that the Agency's E-Filing system is officially determined to
be in technical failure because it is unable to receive documents for a continuous period of
more than 2 hours after 12:00 noon (Eastern Time) on the due date for filing, a failure to
timely file the answer will not be excused on the basis that the transmission could not be
accomplished because the Agency's website was off-line or unavailable for some other
reason. The Board's Rules and Regulations require that an answer be signed by counsel or
non-attorney representative for represented parties or by the party if not represented. See
Section 102.21. If the answer being filed electronically is a pdf document containing the
required signature, no paper copies of the answer need to be transmitted to the Regional
Office. However, if the electronic version of an answer to a complaint is not a pdf file
containing the required signature, then the E-filing rules require that such answer containing
the required signature continue to be submitted to the Regional Office by traditional
means within three (3) business days after the date of electronic filing. Service of the answer
on each of the other parties must still be accomplished by means allowed under the Board's
Rules and Regulations. The answer may not be filed by facsimile transmission. If no answer is
filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for Default
Judgment, that the allegations in the amendment to complaint are true.
Dated: April 8, 2014
/s/
M. KATHLEEN MCKINNEY
REGIONAL DIRECTOR, REGION 15
NATIONAL LABOR RELATIONS BOARD
600 S MAESTRI PLACE, 7TH FLOOR
NEW ORLEANS, LA 70130-3408
2
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 32 of 35
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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 15
KELLOGG COMPANY
Case 15-CA-115259
and
BAKERY, CONFECTIONERY, TOBACCO
WORKERS AND GRAIN MILLERS
INTERNATIONAL UNION AND ITS
LOCAL 252-G
AFFIDAVIT OF SERVICE OF: Copy of Amendment to Complaint dated April 8,2014
I, the undersigned employee of the National Labor Relations Board, being duly sworn, say that
on April 8, 2014, I served the above-entitled document(s) by certified or regular mail, as noted
below, upon the following persons, addressed to them at the following addresses:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
KRISTIE CHORNY, VP OF LABOR RELATIONS
KELLOGG COMPANY
ONE KELLOGG'S SQUARE
BATTLE CREEK, MI 49017
DAVID M BUDAY, ESQ.
MILLER JOHNSON ATTORNEYS AND COUNSELORS
100 W MICHIGAN AVE
SUITE 200
KALAMAZOO, MI 49007-3960
REGULAR MAIL
SAMUEL MORRIS, ESQ
GODWIN MORRIS LAURENZI & BLOOMFIELD PC
50 N FRONT STREET
SUITE 800
MEMPHIS, TN 38103
REGULAR MAIL
BAKERY, CONFECTIONERY, TOBACCO WORKERS AND GRAIN MILLERS
INTERNATIONAL UNION AND ITS LOCAL 252-G
3035 DIRECTORS ROW, BUILDING A-1310
MEMPHIS, TN 38131
CERTIFIED MAIL
Donna M. Simmons
Designated Agent of NLRB
Name
April 8, 2014
Date
/s/
Signature
3
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 33 of 35
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
M. KATHLEEN McKINNEY, Regional
Director of Region 15 of the National Labor
Relations Board, for and on behalf of the
NATIONAL LABOR RELATIONS BOARD,
No.
-CV-
Petitioner,
V.
KELLOGG COMPANY,
Respondent.
INDEX OF EXHIBITS TO PETITION FOR TEMPORARY INJUNCTION
Exhibit A: Charge in Case 15-CA-115259 dated October 21, 2013
Exhibit B: First Amended Charge in Case 15-CA-115259 dated November 20, 2013
Exhibit C: Second Amended Charge in Case 15-CA-115259 dated December 27, 2013
Exhibit D: Third Amended Charge in Case 15-CA-115259 dated February 3, 2014
Exhibit E: Fourth Amended Charge in Case 15-CA-115259 dated February 10, 2014
Exhibit F: Complaint and Notice of Hearing in Case 15-CA-115259 dated March 27,
2014
Exhibit G: Amendment to Complaint in Case 15-CA-115259 dated April 8, 2014
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 34 of 35
PageID 34
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
M. KATHLEEN McKINNEY, Regional
Director of Region 15 of the National Labor
Relations Board, for and on behalf of the
NATIONAL LABOR RELATIONS BOARD,
No.
-CV-
Petitioner,
V.
KELLOGG COMPANY,
Respondent.
CERTIFICATE OF SERVICE
I hereby certify that on the 15th day of April, 2014, copies of the following documents were
served by UPS Overnight Delivery upon each of the parties listed below: (1) Civil Cover Sheet (JS-44);
(2) Petition for Temporary Injunction Under Section 10(j) of the National Labor Relations Act (and
Exhibits); (3) Index of Exhibits to Petition for Temporary Injunction; and (4) Certificate of Service.
David M. Buday, Esq.
Miller Johnson Attorneys and Counselors
100 W. Michigan Ave., Suite 200
Kalamazoo, MI 49007
Kristie Chorny
Vice President of Labor Relations
Kellogg Company
One Kellogg's Square
Battle Creek, MI 49017
Case 2:14-cv-02272-SHM-dkv Document 1 Filed 04/15/14 Page 35 of 35
Samuel Morris, Esq.
Godwin Morris Laurenzi & Bloomfield, PC
50 N. Front Street, Suite 800
Memphis, TN 38103
Kevin Bradshaw
Bakery, Confectionary, Tobacco Workers
and Grain Millers International Union and its
Local 252-G
3035 Directors Row, Building A-1310
Memphis, TN 38131
Dated at Memphis, Tennessee, this 15th day of April, 2014
M. Kathleen McKinney, Regional Director
National Labor Relations Board — Region 15
600 South Maestri Place, 7th Floor
New Orleans, LA 70130-3408
By:
/s/ Christopher J. Roy
COUNSEL FOR PETITIONER
National Labor Relations Board
Region 15, Subregion 26
80 Monroe Avenue, Suite 350
Memphis, TN 38103
Telephone: (901) 544-0056
Facsimile: (901) 544-0008
E-Mail: [email protected]
California Bar No. 188872
2
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