Garcia

Garcia v. SACRAMENTO COCA-COLA BOTTLING CO., INC.

Good Law

733 F. Supp. 2d 1201·2010 WL 3294384·189 L.R.R.M. (BNA) 2025·2010 U.S. Dist. LEXIS 86033

United States District Court, Eastern District of CaliforniaAugust 20, 20102:10-cv-2176 FCD JFMCalifornia8,694 words

Opinion

Damrell, J.

MEMORANDUM AND ORDER

This matter is before the court on petitioner Olivia Garcia’s (“petitioner”), Re gional Director of Region 20 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board (the “Board”), petition for an injunction under § 10(j) of the National Labor Relations Act. Petitioner seeks an interim order required respondent to recognize and bargain with Teamsters Local 150 (the “Union” or the “affiliated Union”) pending the Board’s final disposition in this case. Respondent Sacramento Coca-Cola Bottling Co., Inc. (“respondent” or the “Employer”) opposes the petition. The court heard oral argument on August 20, 2010. For the reasons set forth below, the Board’s petition for a § 10(j) injunction is GRANTED.

BACKGROUND

Respondent is a California corporation that owns franchise agreements with Coca-Cola Bottling Co., Inc., under which it is authorized to manufacture, distribute, and sell Coca Cola products in the Sacramento and Modesto geographical areas. (Decl. of Rob Siebers in Supp. of Opp’n to Inj. (“Siebers Deck”), filed Aug. 18, 2010, ¶ 2.) Sacramento Coca-Cola Bottlers Employees Union (“SCCBE”) was an in-house union, formed by…

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