Director Eric A. Taylor, Regional Director of the Ninth Region of the National Labor Relations Board, For and On Behalf of the National Labor Relations Board v. Hearthside Food Solutions, LLC

Summary

The United States District Court for the Eastern District of Kentucky considered a petition for temporary injunctive relief under Section 10(j) of the National Labor Relations Act. The court granted the Board Regional Director’s motion to adjudicate based on the administrative record and affidavit evidence, and denied Hearthside Food Solutions, LLC’s motion to strike affidavits addressing irreparable harm and the balance of equities.

Holdings

1. The court granted the Regional Director's motion to adjudicate the injunction petition based on the administrative record, consistent with the parties' agreement.
2. Although outside evidence generally should not be considered when assessing likelihood of success on the merits, a court may consider appropriate affidavits and hearsay materials in evaluating irreparable harm, balance of equities, and other equitable factors.
3. The court denied Hearthside's motion to strike the Gregory affidavits because the affidavits were relevant to irreparable harm and the balance of equities, and their possible hearsay character did not require exclusion in this injunctive proceeding.

Questions Presented

1. Whether the court should adjudicate the Regional Director's § 10(j) injunction petition using the administrative record.
2. Whether the court may consider affidavits that were not part of the administrative record when evaluating equitable factors other than likelihood of success on the merits.
3. Whether the Gregory affidavits should be stricken because they were outside the administrative record, were not subject to cross-examination, or contained hearsay.

Disposition

other