Milling & Baking News - August 5, 2014 - 10

Business 

Federal judge orders Kellogg to
end lockout in Memphis
of Kellogg. We applaud Judge Mays
for beginning the process of righting
this senseless tactic that was brutally
imposed on these workers and their
families. We look forward to our members returning to do what they do best,
producing a quality product."
In the decision, Mr. Mays said that
imposing a lockout over non-mandatory terms is unlawfully coercive and

B.C.T.G.M.

KENSINGTON, MD. - Samuel H.
Mays, federal judge for the Western
District of Tennessee, on July 30 issued an order directing Battle Creek,
Mich.-based Kellogg Co. to end its
lockout of 226 workers at its cereal
production facility in Memphis that
began on Oct. 22, 2013. Workers at the
plant are represented by Bakery, Confectionery, Tobacco Workers and Grain
Millers, International Union
(B.C.T.G.M.) Local 252G.
As part of his decision, Mr.
Mays has ordered Kellogg to
end the lockout within five
days; bargain with the union
in good faith; offer reinstatement to every worker to their
former or equivalent positions; re-establish the same
terms and conditions of employment prior to the company's last/best offer; and,
submit to the court details of
its compliance with the order
within 20 days.
David B. Durkee, international president of the B.C.T.G.M., applauded the
decision.
"Yesterday, a federal judge agreed
entirely and unequivocally with the
union and the National Labor Relations Board," Mr. Durkee said. "Judge
Mays rejected each and every argument Kellogg has made since this dispute began. This decision validates
what the B.C.T.G.M. has contended
all along in this lockout. Our members
and their families have been subjected
to more than 280 days of unnecessary pain and suffering at the hands

"discriminate(s) against the employees for their participation in protected
collective bargaining activity."
The B.C.T.G.M. has contended that
Kellogg's proposals in local bargaining would have changed already
agreed upon wage rates and benefits
for regular employees, thus modifying
the terms and conditions contained in
the master contract that governs such
terms and is in effect until October
2015. Mr. Mays validated the union's
position in his ruling, stating, "In effect, Kellogg's proposals were not to
change the casual employee program,

New milling company to feature
organic, specialty ingredients
LEAWOOD, KAS. - Function-O
Foods has formed a new milling company, Firebird Artisan Mills, which will
focus on supplying specialized food
ingredients to the consumer packaged
goods industry. Firebird Artisan Mills
includes acquiring the assets of Dakota
Prairie Organic Flour Co., a milling operation in Harvey, N.D.
"Organic flours and gluten-free
crops such as ancient grains continue
to expand their importance in the
marketplace," said Dennis Krause,
chief executive officer of Function-O
Foods. "We are excited to collaborate
10 / August 5, 2014 Milling & Baking News

as it insists it had the right to demand.
Rather, Kellogg effectively demanded changes to the wage rates of new
or rehired regular employees. Those
rates are set in the master agreement.
The good-faith bargaining required
by the act does not allow Kellogg to
use creative semantics to force midterm changes in the wages of new or
rehired regular employees in violation
of the master agreement."
Mr. Mays concluded that it was
"just and proper" to end the lockout.
"The lockout, which has deprived
the employees of their pay
and health insurance, has been
ongoing for nine months," he
said. "The administrative process may continue for many
months and even years to
come. To allow the lockout to
continue through that period
would place significant hardship on employees in furtherance of Kellogg's bargaining
position, which (the N.L.R.B.)
has reasonable cause to believe
is unlawful. That would undermine the remedial powers
of the board."
Responding to the judge's ruling,
Kris Charles, a spokesperson for Kellogg Co., said the company continues
"to thoroughly review the ruling."
"We look forward to our employees
returning to work, but we are disappointed that we have been unable to
reach an agreement with the union,
and that the underlying litigation
will continue," Ms. Charles said. "We
stand by our position that our proposals are entirely lawful and appropriate for local negotiations, however we
will fully comply with the order."
In March, five U.S. senators sent
a letter to Kellogg asking the Battle
Creek-based company to "act swiftly to
find a fair agreement" to end the strike.
Other groups that have sent letters
to Kellogg in recent months urging
an end to the lockout include the National Action Network, the National
League Players Association and the
Congressional Black Caucus.
Kellogg and the facility's employees represented by B.C.T.G.M. Local
252G last fall bargained for a new labor contract at the Memphis plant between September and October before
Kellogg on Oct. 16 gave the union an
ultimatum to accept the company's
"last/best" offer or be locked out of
the Memphis plant.
Kellogg makes a variety of cereals at
the Memphis plant, including Apple
Jacks and Froot Loops. MBN

with innovative brands that can leverage organic and specialty ingredients
such as quinoa, amaranth, flax and
buckwheat to make healthy and great
tasting flours and mixes."
Function-O Foods, based in the Kansas City area, was launched earlier this
year. Agspring announced in March
that it had formed Function-O Foods,
which develops and markets ingredients to the food service and retail consumer goods marketplaces. Function-O
Foods operates Simply Omega, a food
service protein brand, and Organic ID,
a food ingredient producer. MBN

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Milling & Baking News - August 5, 2014

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