3/26/21, 5:10 PM
STATE OF OREGON, by and through The Oregon Occupational Safety & Health Division Of the Department of Consumer and Business Services,
ROBERT BIRKY, dba EAGLE BAKERY,
About 9:30 this morning Robert (“Rob”) Birky, owner of Eagle Bakery in Madras, Oregon was served papers from the State of Oregon on behalf of OSHA.
The Process Server was forced to navigate through a sea of vocal supporters both inside and outside the bakery.
He was easily identified, because he was the only person wearing a face mask. It took two tries for the Process Server to get the job done and as he rapidly departed the bakery he told Ranch Matters: “I feel I was set up today by the party” and quickly added: “This sucks.”
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Birky gave Ranch Matters a quick run down of what happened today and stated he was overwhelmed by all of the support from the community.
Birky confirmed he was served papers from the State that he described as “BOGUS and DOMESTIC HARASSMENT.”
According to Birky, he submitted “9 questions” to OSHA that have been ignored and he said he is unable to move forward without those questions being answered. “I DON’T KNOW WHERE TRUTH IS FROM THEIR STANDPOINT.”
OSHA is asking Birky to provide pursuant to their subpoena, personal employee information along with other financial documents.
Birky said, “IT’S ALL IN GOD’S HANDS ULTIMATELY” and he plans on staying open and serve his customers while standing for truth.
Jefferson County Commissioner, Mae Huston and Commissioner/Chair Kelly Simmelink were in attendance and Simmelink quipped, “THIS IS NOT A JEFFERSON COUNTY OPERATION, IT’S A STATE ACTION AND WANT MY CONSTITUENTS TO KNOW THAT.”
Ranch Matters obtained a copy of OSHA”S Complaint and Subpoena Duces Tecum, filed in Deschutes County and the Complaint states in part, “Pursuant to its powers and duties under the Oregon Safe Employment Act, OSHA’s Bend, Oregon office is investigating a POSSIBLE (Emphasis Added) violation of the law by Defendant.”
OSHA’s Subpoena is focusing on documents pertaining to the time period of July 23, 2020 through February 5, 2021.
They are demanding:
1. Any and all records regarding any compensation, financial benefits, or remuneration earned, paid, or provided to individuals (including but not limited to employees and family members) working, directly or indirectly, for Eagle Bakery, at 218 SW 3rd St., Madras, Oregon, including, but not limited to, any payroll records, journals, bank or financial records, paystubs, per diem reports, Form W-2s, Form 1099’s, monthly invoices, checks paid, and contracts or agreements for services.
2. Any and all records for the Eagle Bakery regarding any procedure, instruction, direction, rule, process, or training related to COVID-19 for individuals referred to in paragraph 1.
3. Any and all records regarding workers’ compensation coverage for all workers at Eagle Bakery. Include the name of the workers’ compensation provider, policy number, time period of coverage, how many workers are covered and the names of the workers covered by the workers’ compensation coverage.
4. Any and all records with contact information, including but not limited to, telephone numbers (cellular and landline), email address, and residence or dwelling address, for all individuals referred to in paragraph 1.
5. Any and all records regarding the formation and organizational structure for Eagle Bakery including, but not limited to: state business registry documents, application for registration, articles of organization, membership registry and/or journal, meeting minutes, operating agreements, and any amendments to such documents.
According to an attached DECLARATION, Jarrodd Bohn from the Bend OSHA office is the assigned Safety Compliance Officer currently investigating Eagle Bakery and apparently he is utilizing the subpoena process as an unconventional discovery tool.
We stopped by the Bend OSHA office located at 1230 NE 3rd St., Suite A-115, and tried to interview Mr. Bohn. However, like all State Offices, it was closed to the public. There was a sign on their door listing the following contact number: 541-388-6066.
We called the number and only reached Bohn’s voice mailbox. We left him a detailed message and as of time of publication we have received no response.
Birky’s next scheduled appearance date is April 15, 2021, @ 3
3:00 PM at the Deschutes County Courthouse in Bend, Oregon