Cervera Automotive Group, LLC d/b/a Veracom Ford

National Labor Relations Board - Unpublished Board Decisions

May 4, 2021

20-CA-264315 (N.L.R.B. May. 4, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CERVERA AUTOMOTIVE GROUP, LLC
d/b/a VERACOM FORD
and Case 20-CA-264315
PENINSULA AUTO MACHINISTS LOCAL
LODGE NO. 1414, DISTRICT LODGE 190,
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
AFL-CIO
DECISION AND ORDER
Statement of the Case
On March 17, 2021, Cervera Automotive Group, LLC d/b/a Veracom Ford (the
Respondent), Peninsula Auto Machinists Local Lodge No. 1414, District Lodge 190,
International Association of Machinists and Aerospace Workers, AFL-CIO (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
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Findings of Fact
1. The Respondent’s business
At all material times, the Respondent, a California limited liability company with an
office and place of business in San Mateo, California, has been engaged in the business of selling
and servicing automobiles. During the calendar year ending December 31, 2019, the
Respondent, in conducting its business operations, derived gross revenues in excess of $500,000
and purchased and received at its San Mateo, California office and place of business, goods
valued in excess of $5,000 directly from points outside the State of California. 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 National Labor Relations Act (Act).
2. The labor organization involved
At all material times, Peninsula Auto Machinists Local Lodge No. 1414, District Lodge
190, International Association of Machinists and Aerospace Workers, AFL-CIO 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 and regular part-time Service Advisors and Technicians employed by
Respondent at its facility located at 790 North San Mateo Dr., San Mateo,
California; excluding all other employees, managers, guards, and supervisors as
defined by the Act.
(b) On December 12, 2012, the Board certified the Union as the exclusive collective-
bargaining representative of the unit. At all material times since December 12, 2012, 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, Cervera Automotive Group, LLC d/b/a Veracom Ford, its officers,
agents, successors, and assigns, shall take the following affirmative action necessary to
effectuate the policies of the Act.
1. Within 14 days of the Board’s Order, pay each of the following unit employees the
amounts set forth opposite their respective names below, representing two weeks’ wages, plus
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interest and excess tax liability, pursuant to Transmarine Navigation Corp., 170 NLRB 389
(1968), due to the Respondent’s failure to provide the Union notice and an opportunity to bargain
over the effects of its closure on unit employees.
Name of Employee Amount Due Total
Wages, less all
appropriate deductions
Interest Excess Tax
Gustavo Esparza $1418.00 $61.00 $13.00 $1492.00
Edi Widjaja $1418.00 $61.00 $13.00 $1492.00
Grand Total: $2984.00
2. Within 14 days of service by the Region, duplicate and mail, at its own expense, a
copy of the Notice to Employees, attached as Appendix A, to all former employees employed by
the Respondent at any time since November 1, 2019.
3. Within 21 days of the Board’s Order, file with the Regional Director a sworn affidavit
from a responsible official describing with specificity how the Respondent has complied with the
terms of the Board’s Order. The sworn affidavit shall include a list of the names and addresses
of all former employees to whom the Respondent mailed the Notice to Employees and shall state
the date that each Notice to Employees was mailed.
Dated, Washington, D.C., May 4, 2021
______________________________________
Marvin E. Kaplan, Member
______________________________________
William J. Emanuel, Member
______________________________________
John F. Ring, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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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 your employer on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE ACKNOWLEDGE that Federal Law prohibits employers from interfering with,
restraining, or coercing you in the exercise of the above rights.
WE ACKNOWLEDGE that we had a legal obligation to bargain in good faith with Peninsula
Auto Machinists Local Lodge No. 1414, District Lodge 190, International Association of
Machinists and Aerospace Workers, AFL-CIO (the Union) as the exclusive collective-bargaining
representative of our employees in the following appropriate unit (the unit):
All full-time and regular part-time Service Advisors and
Technicians employed by Cervera Automotive Group, LLC d/b/a
Veracom Ford at our facility located at 790 North San Mateo
Drive, San Mateo, California; excluding all other employees,
managers, guards, and supervisors as defined by the Act.
WE ACKNOWLEDGE that we had a legal obligation to provide the Union with notice and the
opportunity to bargain with us about the effects of our decision to close the business.
WE ACKNOWLEDGE that we had a legal obligation to bargain in good faith with the Union
about the effects of our decision to close the business and to terminate our unit employees in
January 2020.
WE WILL pay the unit employees employed in January 2020 their normal wages for a two-
week period, in the manner set forth in the Decision and Order of the National Labor Relations
Board, with interest, because we did not provide the Union with notice and the opportunity to
bargain with us about the effects of our decision to close the business.
The Union has waived its right to bargain with us about the effects of our decision to close our
business and to terminate our unit employees in January 2020.
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CERVERA AUTOMOTIVE GROUP, LLC d/b/a VERACOM FORD
The Board’s decision can be found at www.nlrb.gov/case/20-CA-264315 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.