April 19, 2014

Federal Judge Orders Employer to Reinstate Three Memphis Warehouse Workers and Stop Threatening Union supporters While Case Proceeds at NLRB

A federal judge this week ordered Ozburn-Hessey Logistics, LLC, (OHL) to reinstate three warehouse workers who were fired during a union organizing campaign, and to stop other behavior that interfered with their employees’ rights, pending the final resolution of a case before the National Labor Relations Board.

Judge Samuel H. Mays, Jr. of the U.S. District Court for the Western District of Tennessee issued the temporary injunction on April 5 at the request of the NLRB, stating that “it is necessary to return the parties to the status quo to protect the NLRB’s remedial powers.” 

The Agency’s Acting General Counsel has alleged multiple violations of labor law by the company in relation to an organizing campaign by the United Steelworkers Union started in the spring of 2009. An election was ultimately held in March 2010, which the union lost 180 to 119. After an investigation of charges filed by the union, the regional office issued complaints alleging multiple labor law violations.

Two NLRB administrative law judges agreed, and found violations sufficient to overturn the election results. OHL has appealed those decisions to the full Board in Washington. The order issued this week will remain in effect until a final determination is made.

Under the federal order, OHL’s officers and agents are ordered to desist from interrogating employees about their union activities, threatening them with a loss of benefits if the union were to win an election, confiscating pro-union literature from break rooms, warning, and suspending or discharging employees because of their union activities. The company was also ordered, among other things, to offer reinstatement to three employees who were fired during the organizing campaign, and to allow a fourth employee to resume working overtime. 

© Copyright 2013 National Labor Relations Board

About the Author

The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions.


Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.