The NLRB sought a temporary injunction to halt Hearthside’s alleged illegal response to a 2024 union organizing campaign while the Board completes its review of an administrative law judge’s recommended order finding that the company violated the National Labor Relations Act.
Hearthside did not oppose adjudicating the injunction based on the administrative record but moved to strike affidavits from union representative Lisa Gregory, arguing they were hearsay and outside the record.
The court granted the NLRB’s motion to include the affidavits and denied Hearthside’s motion to strike, holding that while outside evidence is generally limited when assessing likelihood of success on the merits, it may be considered for irreparable harm and equitable factors.
Judge Gregory F. VanTatenhove noted that the affidavits were probative of whether Hearthside’s ongoing actions produced a chilling effect on employees’ right to unionize, particularly regarding fears among new hires that fired workers from the 2024 effort had not returned.
The ruling applies the Supreme Court’s decision in Starbucks Corp. v. McKinney, which requires district courts to apply the traditional four-part equitable test for preliminary relief, confirming that outside evidence can inform the irreparable harm and balance of equities prongs.