Hearthside Found Guilty of Numerous NLRA Violations During London, Ky. BCTGM Organizing Campaign
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25 Sep Hearthside Found Guilty of Numerous NLRA Violations During London, Ky. BCTGM Organizing Campaign

Posted at 13:52h in Hearthside, NLRB News, Organizing by

In a decision issued on September 17, Federal Administrative Law Judge (ALJ) Arthur J. Amchan found numerous violations of the National Labor Relations Act (NLRA) by Hearthside Food Solutions (since renamed Maker’s Pride) in London, Ky. during last year’s Union organizing campaign.

β€œThis was one of the most egregious Union-busting campaigns Earl and I have ever experienced,” reports East-Central Region International Representative Lisa Gregory, referring to BCTGM Local 57’s retired Business Agent Earl Farris who co-led the organizing effort with her. β€œWe filed nearly 20 unfair labor practice (ULP) charges with the National Labor Relations Board (NLRB) during the campaign in 2024.”

The judge found Hearthside guilty of many of those ULPs, including:

  • Discharging four employees for pretextual reasons, when the real motivation was their Union support;
  • Implementing stricter enforcement of company policies (cell phone usage, break times, attendance) after learning of Union activity, resulting in discriminatory discipline against union supporters;
  • Conducting surveillance of union activity, including calling police to respond to lawful Union handbilling outside the facility;
  • Soliciting employee grievances with implied promises to remedy them if employees rejected the Union;
  • Conducting raffles and distributing prizes at town hall meetings to discourage Union support;
  • Promising benefits (401K match restoration) contingent on employees voting against the Union;
  • Failing to promote a Union supporter to an higher-paid position due to his Union activity; and
  • Maintaining unlawful workplace rules, including prohibitions on discussing discipline and rules against “malicious gossip or spreading rumors.”

According to the decision, Hearthside failed to prove that it would have taken the same aggressive actions absent the Union activity of these employees, noting the timing of the stricter enforcement coincided with its awareness of the Union campaign.

L. 57 Retired Bus. Agt. Earl Farris (left) and BCTGM Int’l Rep. Lisa Gregory snap a selfie with the Hearthside/Maker’s Pride organizing committee following the NLRB decision.

β€œThe workers feel validated in this ruling,” Gregory continues. β€œWe feel that justice was served, and look forward to resuming discussions with the workers about joining the BCTGM.”

The law is certainly more on the side of the workers this time around, with the judge ordering:

  • Reinstatement and back pay for the four discharged employees;
  • rescission of disciplinary actions taken under the more strictly enforced policies;
  • compensation for the employee that was denied promotion;
  • posting of a notice; and
  • a new election due to the unfair labor practices occurring during the critical period.

In response to the ruling, BCTGM International President Anthony Shelton issued the following statement:

β€œLast year’s Union election at Hearthside Foods in London, Ky. was filed with Union cards signed by the majority of workers in that plant. We remain confident that the workers would have been successful if not for the aggressive scare tactics deployed by Hearthside.

β€œThis International vowed last year to continue the fight toward Union representation for all Hearthside workers and we intend to keep our word. This ruling is an important step forward in that fight.”

L. 57 Member Trent Merritt, Retired Bus. Agt. Earl Farris, Hearthside employee Leticia Horton and BCTGM Int’l Rep. Lisa Gregory working on the Union organizing campaign last year.
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