Bridgestone Americas Tire Operations, LLC

National Labor Relations Board - Unpublished Board Decisions

Jun 25, 2021

10-CA-270583 (N.L.R.B. Jun. 25, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BRIDGESTONE AMERICAS TIRE
OPERATIONS, LLC
and Case 10-CA-270583
UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND SERVICE
WORKERS INTERNATIONAL UNION,
AFL-CIO, CLC AND ITS LOCAL 1055L
DECISION AND ORDER
Statement of the Case
On April 14, 2021, Bridgestone Americas Tire Operations, LLC (the Respondent);
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, AFL-CIO, CLC and its Local 1055L (the Union); and the Acting
General Counsel of the National Labor Relations Board entered into a Formal Settlement
Stipulation, subject to the Board’s 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) The Respondent is a limited liability company with an office and manufacturing plant
in La Vergne, Tennessee, and is engaged in the manufacture of vehicle tires.
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(b) In conducting its business operations, the Respondent annually purchases and
receives at its La Vergne, Tennessee manufacturing plant goods valued in excess of $50,000
directly from points outside the State of Tennessee.
(c) At all material times, the Respondent has been an employer engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organizations involved
At all material times, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union, AFL-CIO, CLC (the International
Union) has been a labor organization within the meaning of Section 2(5) of the Act.
At all material times, Local 1055L of the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO,
CLC (the Local 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 production and maintenance employees classified as production operator, senior
production operator, production specialist, production leader and senior production
leader, including die shop, but excluding office employees, personnel, clerical
employees, security inspectors, technical and professional employees, tire room
instructors, set-up personnel, elevator attendants, and supervisors as defined in the
Act.
(b) At all material times, the Respondent has recognized the International Union and the
Local 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 August 17, 2017 through July 29, 2022.
(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, Bridgestone Americas Tire Operations, LLC, La Vergne, Tennessee, its
officers, agents, successors, and assigns, shall
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1. Cease and desist from
(a) Refusing to bargain collectively and in good faith with the Union, United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC and its Local 1055L, by unreasonably delaying or refusing
to furnish to the Union, upon request, information that is relevant and necessary to the
performance of the Union’s duties as the exclusive collective-bargaining representative of the
unit.
(b) In any like or related manner interfering with, 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) Within 14 days of service by the Region, post at its La Vergne, Tennessee
manufacturing plant copies of the Notice to Employees attached as Appendix 1.1 Copies of the
notice, on forms provided by the Acting Regional Director for Region 10, after being signed by
the Respondent’s authorized representative, shall be posted by the Respondent and maintained
for 60 consecutive days in conspicuous places, including all places where notices to employees
are customarily posted.
(b) Within 14 days of the Board’s Order, provide a copy of the multiple complaints and
both of the recordings requested by the Union on September 9 and 25, 2020, or, if they do not
exist, inform the Union of that fact.
(c) Within 21 days after service by the Region, file with the Acting Regional Director for
Region 10 a sworn certification of a responsible official on a form provided by the Region
attesting to the steps the Respondent has taken to comply. The certification shall include a copy
of the documents signed by a responsible official attesting to the dates that the notices were
received at each facility, the dates that the notices were posted, where the notices were posted,
and a digital photograph of each posted notice with metadata including date taken and GPS
coordinates.
(d) Waive, for 30 days following issuance of the Board’s Order, any contractual
deadlines for filing and pursuing grievances, and permit the Union to supplement any existing
grievance record, related to the requested information that the Union missed due to the
Respondent’s delay and refusal in providing the information requested.
(e) Maintain a log at the Respondent’s La Vergne, Tennessee manufacturing plant, in
which responsible officials will, within five business days, record each information request that
1 When this Order is enforced by a judgment of a United States Court of Appeals, the words in
the notice reading “Posted by Order of the National Labor Relations Board” shall read “Posted
Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board.”
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the Union makes, orally or in writing, at this facility. These logs shall include the following
information: a brief description of the information requested; the name of the individual who is
making the request; the unit involved; the name of the manager or supervisor who received the
request; the date the request was made; and the date that the Respondent’s manager or supervisor
provided the Union with the requested information. If the manager or supervisor, having
reviewed the documents requested, believes that the Respondent will need additional time to
furnish the information, the manager or supervisor will inform the Union, in writing, why
additional time is needed. Union officials and stewards will be granted reasonable access to the
logs, upon request.
(f) Provide to the Union, at the La Vergne, Tennessee manufacturing plant, the names of
the manager(s) or supervisor(s) designated to receive union requests for information at the
facility, and when that designated manager or supervisor has changed.
Dated, Washington, D.C., June 25, 2021.
______________________________________
Lauren McFerran, Chairman
______________________________________
William J. Emanuel, Member
______________________________________
John F. Ring, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX 1
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 interfere with, restrain, or coerce you in the exercise of these rights.
WE WILL NOT, upon request, fail to provide, or unreasonably delay in providing, information
that United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, AFL-CIO, CLC and its Local 1055L (the Union) needs to
represent those of you in the following bargaining unit:
All production and maintenance employees classified as production operator, senior
production operator, production specialist, production leader and senior production
leader, including die shop, but excluding office employees, personnel, clerical
employees, security inspectors, technical and professional employees, tire room
instructors, set-up personnel, elevator attendants, and supervisors as defined in the
Act.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of your rights under the National Labor Relations Act.
WE WILL provide a copy of the multiple complaints and the recordings requested by the Union
on September 9, 2020, or, if they do not exist, we will tell the Union.
WE WILL waive, for 30 days following an order of the National Labor Relations Board, any
contractual deadlines for filing and pursuing grievances, and permit the Union to supplement any
existing grievance record, related to the requested information that the Union missed due to our
delay and refusal in providing the information requested.
WE WILL maintain a log at our La Vergne, Tennessee manufacturing plant, in which we will,
within five business days, record each information request that the Union makes, orally or in
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writing, at this facility. Union officials and stewards will be granted reasonable access to the
logs, upon request.
WE WILL provide to the Union, at our La Vergne, Tennessee manufacturing plant, the names
of the managers and supervisors who are designated to receive union requests for information at
the manufacturing plant, and when that designated manager or supervisor has changed.
BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC
The Board’s decision can be found at www.nlrb.gov/case/10-CA-270583 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.