• Bakery in Arkansas Violates Federal Labor Laws in Third Attempt to Decertify Employee's Union
  • November 6, 2017 | Authors: Steven B. Loeb; John T. Andrishok; Jerry L. Stovall; Leo C. Hamilton; Melissa M. Shirley; Sunny Mayhall West; Jacob E. Roussel; Rachael Jeanfreau; E. Fredrick Preis; Rachael M. Coe; Eve B. Masinter; Murphy J. Foster
  • Law Firms: Breazeale, Sachse & Wilson, L.L.P. - Baton Rouge Office; Breazeale, Sachse & Wilson, L.L.P. - New Orleans Office
  • Southern Bakery in Hope, Arkansas has been found in violation of federal labor laws by the U.S. Court of Appeals for the Eighth Circuit. According to the lawsuit, a majority of employees voted to retain the Bakery, Confectionery, Tobacco and Grain Millers Local 111 union in 2009 after a co-worker filed a petition to decertify the union. In 2011, the NLRB determined that a second attempt to decertify the union was invalid due to Southern's "unlawful assistance" in the decertification efforts. The third attempt to decertify the union resulted in an anti-union campaign launched by Southern Bakery which threatened worker's jobs and further threatened business closure if employees did not vote to decertify. According the Eighth Circuit's opinion, the bakery installed cameras to conduct surveillance on employees' union activities and urged them to report co-workers engaging in union activities. The company also banned union representatives from the premises despite the collective bargaining agreement that allowed such visits. The court disagreed with the bakery's claim that the NLRB's determination was not supported by substantial evidence. The court ordered Southern to recognize the union and continue collective bargaining discussions with the union.