Texas baker order to pay back pay

Michael P. Tremoglie Jul. 26, 2012, 10:48am

FORT WORTH, Texas (Legal Newsline) - Texas bakery Sterling Foods has agreed to pay more than $58,000 in back pay and interest to six employees who were discharged following a union organizing campaign.

Three of the employees have also accepted offers of reinstatement to their previous jobs.

The United Food and Commercial Workers Local Union No. 455 filed charges alleging the employer engaged in multiple unfair labor practices during and after the union's attempt to organize about 500 employees at the San Antonio facility. An election petition was not filed.

Martha Kinard, Director of National Labor Relations Board Region 16, issued a complaint following an investigation alleging that Sterling Foods engaged in various unfair labor activities.

Among the allegations were that Sterling unlawfully discharged six employees, threatened to terminate other employees, solicited an employee to report on union activities, offered an employee a financial benefit if he reported the union activities of employees, engaged in surveillance of employee union activities, called the police on employees and union organizers engaged in union activity, prohibited employees from accepting union literature and directed employees to throw away union literature.

Kinard also filed a petition with the federal court for the Western District of Texas, seeking a temporary injunction against Sterling for unfair labor practices. She also requested an interim order reinstating the fired workers.

Sterling Foods also agreed not to engage in such unfair labor practices in the future, to post a notice to that effect at its San Antonio facility, and to mail a copy of the notice to all employees.

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