A National Labor Relations Board administrative law judge ruled today in favor of striking Stella D’oro workers ordering their employer to reinstate the workers to their former jobs under the terms of their old contract, pay back wages with interest and be willing to return to the collective bargaining table.

The 136 workers at the Stella D’oro Biscuit Co. in the Bronx went on strike in August after Brynwood Partners, the private equity firm that owns Stella D’oro, demanded wage cuts  of as much as 26 percent as well as reductions in sick days and vacation time. Brynwood claimed it had lost $1.567 million in 2007 and needed to “restructure” its labor costs to stay in business. However, management refused to provide representatives from Bakery, Confectionery, Tobacco Workers, and Grain Millers (BCTGM) International Union Local 50 with full access to its audited books.

Brynwood’s refusal to open its books prompted the union to file an unfair labor practice complaint which NLRB Administrative Law Judge Steven Davis concurred with Tuesday. Davis also found that Brynwood had engaged in additional unfair labor practices by declaring an impasse two weeks after the strike began and unilaterally implementing its own contract terms and then later refusing the strikers offer to unconditionally return to work under the terms of their old contract.

Under NLRB rules, Brynwood can appeal the ruling to the Board for a final agency determination. The final determination is subject to review in the Federal courts.

For the full text of the NLRB decision click here. For previous coverage of the Stella D’oro strike in The Indypendent click here.