ADT, LLC d/b/a ADT Security Services

National Labor Relations Board - Unpublished Board Decisions

Apr 13, 2021

03-CA-250706 (N.L.R.B. Apr. 13, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ADT, LLC d/b/a ADT SECURITY SERVICES
and Case 03-CA-250706
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL UNION 43
DECISION AND ORDER
Statement of the Case
On December 19, 2019, ADT, LLC d/b/a ADT Security Services (the Respondent),
International Brotherhood of Electrical Workers, Local Union 43 (the Union), and the General
Counsel of the National Labor Relations Board entered into a Formal Settlement Stipulation,
subject to Board approval, providing for the entry of a consent order by the Board and a consent
judgment by any appropriate United States Court of Appeals. The parties waived all further and
other proceedings before the Board to which they may be entitled under the National Labor
Relations Act and the Board’s Rules and Regulations, and the Respondent waived its right to
contest the entry of a consent judgment or to receive further notice of the application therefor.
The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and the
proceeding is transferred to and continued before the Board in Washington, D.C., for the entry of
a Decision and Order pursuant to the provisions of the Formal Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board makes the
following
Findings of Fact
1. The Respondent’s business
(a) ADT, LLC d/b/a ADT Security Services (the Respondent) is a Delaware corporation
with an office and place of business located in Orem, Utah (the Respondent’s facility) and is
engaged in the installation and service of residential and commercial security systems.
(b) Annually, in conducting its business operations as described above, the Respondent
derives gross revenues in excess of $500,000 and purchases products, goods, and materials
valued in excess of $5,000 directly from points outside the State of Delaware.
2
(c) The Respondent is now, and has been at all material times, an employer engaged in
commerce within the meaning of Section 2(2), (6) and (7) of the Act.
2. The labor organization involved
At all material times, International Brotherhood of Electrical Workers, Local Union 43
(Union) has been a labor organization within the meaning of Section 2(5) of the Act.
3. The appropriate unit
(a) The following employees of the Respondent (the unit) constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section 9(b) of the Act:
All full-time and regular part-time employees originally described in the
certification dated November 20, 1968 (Case Number 3-RC-4533) classified by
the Respondent as residential and small business installers, residential and small
business high volume commissioned installers, residential and small business
service technicians, employed by the Respondent at its facility in Albany, NY; but
excluding all alarm service investigators, relief supervisors, all office clerical
employees and professional employees, guards and supervisors, as defined in the
Act; and excluding all commercial installers and commercial service unless the
employees are employed by the Respondent and are located at, or are directly
supervised by the Respondent’s supervisors located at its Albany, NY facility.
(b) At all material times, the Respondent has recognized the Union as the exclusive
collective-bargaining representative of the unit. This recognition has been embodied in
successive collective-bargaining agreements, the most recent of which is effective from June 11,
2018 to June 10, 2021.
(c) At all material times, based on Section 9(a) of the Act, the Union has been the
exclusive collective-bargaining representative of the unit.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the entire
record, and pursuant to Section 10(c) of the National Labor Relations Act, the National Labor
Relations Board orders that:
The Respondent, ADT, LLC, d/b/a ADT Security Services, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Reducing employee wages without the Union’s request in contravention of the
Mandate and Order of the United States Court of Appeals for the Second Circuit in National
3
Labor Relations Board v. ADT LLC, d/b/a ADT Security Services, No. 19-2534 (2d Cir. Oct. 2,
2019).
(b) Reducing employee wages without bargaining with the Union.
(c) In any like or related manner restraining or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the Act.
(a) Recognize and bargain in good faith with International Brotherhood of Electrical
Workers, Local Union 43 (Union) as the exclusive collective-bargaining representative of the
unit employees.
(b) Abide by the terms of the Mandate and Order of the United States Court of Appeals
for the Second Circuit in National Labor Relations Board v. ADT LLC, d/b/a ADT Security
Services, No. 19-2534 (2d Cir. Oct. 2, 2019).
(c) Rescind the unlawful wage reductions which the Respondent made without the
Union’s request and restore employees’ wages to the rates in effect prior to the wage reduction.
(d) Before implementing any future changes in wages, hours, or other terms and
conditions of employment affecting employees, notify and, on request, bargain collectively and
in good faith with the Union as the exclusive representative of the employees in the unit except
as permitted by the collective-bargaining agreement.
(e) Make the following employees whole with interest for loss of pay and benefits
suffered by reason of the Respondent’s decision to rescind wage increases granted after
November 2, 2018, by payment to them of the amounts set forth opposite their respective names:
Backpay Interest1 Total
John Brady $60.56 $.50 $61.06
David Hardy $386.27 $3.20 $389.47
Daniel Yetto $2,810.79 $23.30 $2,834.09
$3,284.62
(f) Make employees whole with interest for amounts equal to the difference in taxes
owed upon receipt of a lump-sum payment and taxes that would have been owed had there been
no discrimination.
1 The interest calculations assume that the Respondent makes payment of the sums set forth here
by December 31, 2019. If payment is made after that date, additional interest may apply.
4
(g) Submit the appropriate documentation to the Social Security Administration so that
when backpay is paid, it will be allocated to the appropriate periods.
(h) Preserve and, within 14 days of a request or such additional time as the Regional
Director may allow for good cause shown, provide paper and native, electronic sortable
electronic records of all payroll records, social security payment records, timecards, personnel
records and reports, and all other records necessary to show wages paid and hours worked for
unit employees and to analyze the amount of backpay due to them under the terms of this
Stipulation.
(i) Submit the W2 reflecting backpay paid to the discriminatees to the Regional Director.
(j) Within 14 days after service by the Region, the Respondent shall duplicate and mail,
at its own expense, a copy of the attached notice to all current and former employees employed
by the Respondent at any time since October 9, 2018.
(k) Within 21 days after service by the Region, file with the Regional Director a sworn
certification of a responsible official on a form provided by the Region attesting to the steps that
the Respondent has taken to comply.
Dated, Washington, D.C., April 13, 2021.
_______________________________________
Lauren McFerran, Chairman
_______________________________________
Marvin E. Kaplan, Member
_______________________________________
John F. Ring, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
5
APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose a representative to bargain with us on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
International Brotherhood of Electrical Workers, Local Union 43 (Union) is the employees’
representative in dealing with us regarding wages, hours, and other working conditions of the
employees in the following appropriate unit (unit):
All full-time and regular part-time employees originally described in the
certification dated November 20, 1968 (Case Number 3-RC-4533) classified by
the Respondent as residential and small business installers, residential and small
business high volume commissioned installers, residential and small business
service technicians, employed by the Respondent at its facility in Albany, NY; but
excluding all alarm service investigators, relief supervisors, all office clerical
employees and professional employees, guards and supervisors, as defined in the
Act; and excluding all commercial installers and commercial service unless the
employees are employed by the Respondent and are located at, or are directly
supervised by the Respondent’s supervisors located at its Albany, NY facility.
WE WILL NOT reduce employee wages without the Union’s request in contravention of the
Mandate and Order of the United States Court of Appeals for the Second Circuit in National
Labor Relations Board v. ADT LLC, d/b/a ADT Security Services, No. 19-2534 (2d Cir. Oct. 2,
2019).
WE WILL NOT reduce employee wages without providing notice and an opportunity to
bargain to the Union.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of the
Act.
6
WE WILL recognize and, on request, bargain at reasonable times and places and in good faith
with the Union as the exclusive collective-bargaining representative of the unit.
WE WILL rescind the unlawful wage reductions which the Respondent made without the
Union’s request and restore employees’ wages to the rates in effect prior to the wage reduction.
WE WILL make the following employees – John Brady, David Hardy, and Daniel
Yetto – whole with interest for loss of pay and benefits suffered by reason of the Respondent’s
decision to rescind wage increases granted after November 2, 2018.
WE WILL make employees whole with interest for amounts equal to the difference in taxes
owed upon receipt of the lump-sum payment and taxes that would have been owed had there
been no discrimination.
Before implementing any future changes in wages, hours, or other terms and conditions of
employment affecting members of the unit, WE WILL notify and, on request, bargain
collectively and in good faith with the Union as the exclusive representative of the employees in
the unit except as such changes are permitted by the collective-bargaining agreement.
ADT, LLC d/b/a ADT SECURITY SERVICES
The Board’s decision can be found at www.nlrb.gov/case/03-CA-250706 or by using the QR
code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary,
National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling
(202) 273-1940.