2nd Circ. Overturns NLRB In Union Fight With Stella D'oro

By Bill Donahue (March 28, 2013, 6:40 PM EDT) -- The Second Circuit on Thursday overturned a ruling by the National Labor Relations Board that the maker of Stella D'oro cookies had violated federal union laws by not providing its workers with financial statements to support claims that the bakery was in dire straits.

Under the National Labor Relations Act, employers are required to offer evidence when they warn workers that they cannot afford labor-side demands due to financial hardship. Failure to do so can mean management is negotiating with workers in bad faith.

The NLRB ruled in 2010 that Stella D'oro— then owned by private equity firm Brynwood Partners and...

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