The court found that the delay in filing the petition (nearly five months from the decision of the administrative law judge) undercut “the sense of urgency implied by the Director’s evidence” and suggested that there was, in fact, no irreparable injury.
A federal district court in Kentucky has denied a petition for a preliminary injunction brought by the National Labor Relations Board (NLRB) against Hearthside Food Solutions, LLC, arising from allegations that the company engaged in unfair labor practices in response to a union organizing campaign. The court found that the Board failed to show that irreparable harm would exist absent an injunction. The court would not infer the existence of irreparable harm from the evidence provided by the Board’s Regional Director, which consisted almost entirely of hearsay testimony from union members. In addition to the evidentiary deficiencies, the court found that Director’s delay in seeking the injunction was fatal to his case (Taylor v. Hearthside Food Solutions, LLC, No. 6:26-cv-00106-GFVT (E.D. Ky. May 18, 2026)).
The case arose as a result of an allegedly unlawful response to a union organizing campaign by Hearthside Food Solutions in 2024. A hearing before an Administrative Law Judge (ALJ) was held on June 2, 2025. The ALJ issued a Decision and Recommended Order on September 17, 2025.
ALJ found multiple violations. In that decision, the ALJ found that Hearthside violated Section 8(a)(1) and/or Section 8(a)(3) of the National...
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