MRS. GREEN'S NATURAL MARKET, INC.

National Labor Relations Board - Board Decisions

Oct 20, 2015

02-CA-138472 (N.L.R.B. Oct. 20, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MRS. GREEN’S NATURAL MARKET, INC.
and Case 02-CA-138472
UNITED FOOD AND COMMERCIAL WORKERS,
LOCAL 1500
DECISION AND ORDER
On July 21, 2015, Mrs. Green’s Natural Market, Inc. (the Respondent), United
Food and Commercial Workers, Local 1500 (the Union), and the 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
The Respondent is a New York corporation with an office and principal place of
business located at One Bridge Street, Irvington, New York; has operated a retail store
located at 666 Lexington Avenue, Mount Kisco, New York (facility), the sole facility
involved herein; and has been engaged in the retail sale of organic and natural foods,
food supplements, and health and beauty aids and related products.
Annually, in the course and conduct of its operations, the Respondent derives
gross revenue in excess of $500,000 and purchases and receives at its facility goods
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and materials valued in excess of $5000 directly from suppliers located outside the
State of New York.
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 organization
The Union is a labor organization within the meaning of Section 2(5) of the Act.
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, Mrs. Green’s Natural Market, Mount Kisco, New York, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Interrogating employees about their support for United Food and Commercial
Workers, Local 1500, or any other labor organization.
(b) Surveilling employees while they are engaged in Union activities.
(c) Giving employees the impression of surveillance while they are engaged in
Union activities.
(d) Soliciting grievances from employees.
(e) Threatening employees with discharge if they go on strike.
(f) Impliedly threatening employees with discharge for their support for the
Union.
(g) In any other like or related manner interfering with, restraining, or coercing its
employees in the exercise of their rights to self-organization, to form labor
organizations, to join or assist United Food and Commercial Workers, Local 1500 or any
labor organization, to bargain collectively through representatives of their own choosing
and to engage in other concerted activities for the purpose of collective bargaining or
other mutual aid or protection, or to refrain from any and all such activities.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
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(a) Within 14 days after service by Region 2, post at the facility at Mount Kisco,
New York, copies of the attached notice marked “Appendix A,” in English and Spanish,
and in additional languages if the Regional Director decided that it is appropriate.
Copies of the notice, on forms provided by the Regional Director for Region 2, 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. Reasonable steps shall
be taken by the Respondent to ensure that the notices are not altered, defaced, or
covered by any other material.
(b) Hold a meeting or meetings during work time, scheduled to ensure the widest
possible attendance on each shift, at which a responsible management official of the
Respondent will read the notice in English, in Spanish, and in any additional languages
if the Regional Director decided that it is appropriate to do so, in the presence of a
Board agent. The Respondent will be responsible for any translation or interpretation
costs. The reading will take place at a time when the Respondent would customarily
hold meetings and must be completed prior to the completion of the 60-day notice
posting period. The date and time(s) of the reading must be approved by the Regional
Director. The announcement of the meeting will be in the same manner the
Respondent normally announces meetings and must be approved by the Regional
Director.
(c) 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., October 20, 2015.
_____________________________________
Mark Gaston Pearce, Chairman
_____________________________________
Philip A. Miscimarra, Member
_____________________________________
Lauren McFerran, 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 representatives 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.
WE WILL NOT ask you about employee support for United Food and Commercial
Workers, Local 1500, or any other labor organization.
WE WILL NOT watch your union activities.
WE WILL NOT make it appear to you that we are watching out for your union activities.
WE WILL NOT solicit grievances from employees.
WE WILL NOT threaten to terminate employees if they go on strike.
WE WILL NOT impliedly threaten union supporters with termination.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of your rights under Section 7.
MRS. GREEN’S NATURAL MARKET
The Board’s decision can be found at www.nlrb.gov/case/02-CA-138472 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.
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