Rubin v. Gardner Trucking, Inc.

Rubin v. Gardner Trucking, Inc.

Opinion

CIVIL MINUTES—GENERAL

Proceedings: Order DENYING Petitioner Mori Rubin's Petition for Temporary Injunction Under Section 10(j) of the National Labor Relations Act (Dkt. No. 1) (IN CHAMBERS)

On November 21, 2017, Mori Rubin ("Petitioner"), the Regional Director of Region 31 of the National Labor Relations Board ("Board"), filed a Petition for Temporary Injunction under Section 10(j) of the National Labor Relations Act ("NLRA"). ("Petition," Dkt. No. 1.) On the same [*2]  day, Petitioner filed a Memorandum of Points and Authorities in support of her Petition. ("Memorandum," Dkt. No. 2.) Respondent Gardner Trucking, Inc. ("Respondent") filed an opposition on February 5, 2018. ("Opposition," Dkt. No. 26.) Petitioner filed a reply on February 12, 2018. ("Reply," Dkt. No. 28.) The Court held a hearing on this matter on March 19, 2018. Upon consideration of the papers filed in support of and in opposition to the Petition, as well as the oral arguments presented by the parties, the Court DENIES Petitioner's Petition.

I. BACKGROUND

Respondent is a trucking company that provides line hauling and full-service logistics. (Memorandum at 6.) Respondent operates several facilities throughout Southern California, including a facility in Ontario, California ("Respondent's Facility"). (Id.) Respondent employs approximately 200 employees at Respondent's Facility. (Id.) Respondent's President is Tom Lanting ("President Lanting") and Respondent's manger is Jordan Lanting ("Manager Lanting"), President Lanting's son. (Id.) Petitioner states Respondent is known in the local community as an employer who gives second chances and hires individuals who have been convicted of [*3]  criminal offenses. (Id.) This dispute centers on Respondent's discharge of seven employees. Petitioner alleges Tony Nava, Leo Rojo, Michael Talbot, Ray Correa, Gilbert Sanchez, Richard Dell'Orfano, and George Garcia (collectively, the "Former Employees") were discharged in retaliation for their union activities. (Id. at 1.)

A. Alleged Union Activities

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