Premier Environmental Solutions, LLC

National Labor Relations Board - Unpublished Board Decisions

Jan 23, 2017

14-CA-177481 (N.L.R.B. Jan. 23, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PREMIER ENVIRONMENTAL
SOLUTIONS, LLC
and Case 14-CA-177481
TEAMSTERS LOCAL UNION NO. 838,
AFFILIATED WITH INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
DECISION AND ORDER
On November 2, 2016, Premier Environmental Solutions, LLC (the Respondent),
Teamsters Local Union No. 838, affiliated with International Brotherhood of Teamsters (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 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 Michigan limited liability company with its principal office in
Sterling Heights, Michigan. The Respondent operates within customer facilities throughout
the United States, including the Recycle Center at the Ford Kansas City Assembly Plant
located in Kansas City, Missouri (the Kansas City plant), where it is engaged in providing
environmental recycling services.
In conducting its business operations at the Kansas City plant during the one-year
period ending June 30, 2016, the Respondent provided services valued in excess of
$50,000 directly outside the State of Michigan.
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The Respondent is, 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
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 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, Premier Environmental Solutions, LLC, Kansas City, Missouri, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively and in good faith with Teamsters Local Union
No. 838, affiliated with International Brotherhood of Teamsters (the Union) as the exclusive
representative of all its unit employees at the Kansas City plant.
(b) Failing to continue in effect all the terms and conditions of its collective-
bargaining agreement covering its employees at the Kansas City plant by: (i) failing to
remit union dues and initiation fees withheld from employees’ paychecks to the Union; (ii)
failing to maintain employees’ health insurance benefits; and (iii) failing and refusing to
process grievances.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Remit the union dues and initiation fees withheld from employees’ paychecks
from April until September 2016 to the Union by payment of the following amounts:
April $322.00
May $355.00
June $672.00
July $417.00
August $247.00
September $386.00
(b) Restore employees’ health insurance benefits as required under the terms of the
collective-bargaining agreement.
(c) Upon request, process any grievance filed under the terms of the collective-
bargaining agreement.
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(d) Make whole employees for any losses suffered by reason of the failure to
provide health insurance benefits, including, but not limited to, payment for the
consequential economic harm they incurred as a result of the Respondent’s failure to
provide health insurance benefits.
(e) Preserve and, within 14 days of a request, or such additional time as the
Regional Director may allow for good cause, provide at a reasonable place designated by
the Board or its agents, all payroll records, social security payment records, timecards,
personnel records and reports, and all other records, including an electronic copy of such
records if stored in electronic form, necessary to analyze the amount of damages due
under the terms of this Order.
(f) Within 14 days of service by the Region, post at the Kansas City, Missouri plant
copies of the attached notice marked “Appendix A.” Copies of the notice, on forms
provided by Region 14, 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. In
addition to physical posting of paper notices, the Respondent shall distribute notices
electronically, by email, posting on an intranet or internet site, and/or other electronic
means, if the Respondent customarily communicates with its employees by such means.
The Respondent will take reasonable steps to ensure that the notices are not altered,
defaced, or covered by any other material.
(g) The Respondent will hold a meeting or meetings, scheduled to ensure the
widest possible attendance on each shift, at which a responsible management official of
the Respondent will read the notice attached as “Appendix A” in the presence of a Board
agent. 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 that the Respondent
normally announces meetings and must be approved by the Regional Director. The notice
will be read in English and other languages if the Regional Director deems it necessary.
(h) 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., January 23, 2017.
_____________________________________
Philip A. Miscimarra, Acting Chairman
_____________________________________
Mark Gaston Pearce, 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 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.
WE WILL NOT, upon request, refuse to bargain in good faith with Teamsters Local 838
affiliated with the International Brotherhood of Teamsters (the Union) as the exclusive
collective-bargaining representative of our employees in the following appropriate unit:
All full-time and regular part-time warehouse equipment operators employed
by us in the Recycle Center at the Ford Kansas City Assembly Plant located
in Kansas City, Missouri.
WE WILL NOT fail to continue in effect all the terms and conditions of employment
included in the collective-bargaining agreement we signed on January 7, 2015, and which
remains in effect until January 6, 2017.
WE WILL NOT change your health benefits included in our collective-bargaining
agreement without bargaining with your Union and without your Union’s consent.
WE WILL NOT fail to remit your dues to the Union that we have deducted from your
paychecks.
WE WILL NOT refuse to process grievances filed under the terms of our collective-
bargaining agreement.
WE WILL, if requested by the Union, rescind any or all changes to your terms and
conditions of employment that we made without bargaining with the Union and without the
Union’s consent.
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WE WILL immediately reinstate your health benefits as required by the terms and
conditions of our collective-bargaining agreement.
WE WILL pay employees for the benefits they lost or the bills they incurred because of our
changes to your health benefits and other terms and conditions of employment that we
made without bargaining with the Union and without the Union’s consent.
WE WILL remit to the Union all dues owed under the terms of our collective-bargaining
agreement and which were deducted from your paychecks.
WE WILL process grievances filed by the Union consistent with our collective-bargaining
agreement.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
PREMIER ENVIRONMENTAL SOLUTIONS, LLC
The Board’s decision can be found at www.nlrb.gov/case/14-CA-177481 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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