Reedman Toll Chevy

National Labor Relations Board - Unpublished Board Decisions

Apr 30, 2012

04-CA-036331 (N.L.R.B. Apr. 30, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REEDMAN-TOLL, L.P.
and Cases 4-CA-36331
4-CA-36403
4-CA-36477
4-CA-36547
4-CA-36655
4-CA-36808
4-CA-36892
4-CA-37038
4-CA-37085
4-CA-37212
4-CA-37322
4-CA-37337
4-CA-37373
4-CA-37496
4-CA-37899
4-CA-38009
INTERNATIONAL BROTHERHOOD OF 4-CA-38054
TEAMSTERS, LOCAL 628, CTW
DECISION AND ORDER
Statement of the Cases
On February 23, 2012, Reedman-Toll, L.P (the Respondent), International
Brotherhood of Teamsters, Local 628, CTW (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, as amended, 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.
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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, a Pennsylvania limited liability partnership, has been engaged
in the operation of an automobile dealership and automotive service and repair center at
its 1700 East Lincoln Highway, Langhorne, Pennsylvania facility (the Facility). At all
material times, Reedman-Toll General Partner, Inc. has been the Respondent’s general
partner.
The Respondent, in conducting operations at the Facility, annually receives gross
revenues in excess of $500,000 and purchases and receives at the Facility goods
valued in excess of $50,000 directly from points outside the Commonwealth of
Pennsylvania.
At all material times, the Respondent has been an employer engaged in
commerce within the meaning of Sections 2(6) and (7) of the Act.
2. The labor organization involved
The Union is a labor organization within the meaning of Section 2(5) of the Act.
3. The appropriate unit
The following employees of Respondent, herein called 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 Auto Technicians A, B, C, and D,
apprentices, and team leaders employed by Respondent in the Chevrolet
service department at the Facility, excluding all other employees, service
writers, parts employees, parts drivers, warranty representatives, car
jockeys/lot attendants, clerical employees, cashiers, guards and
supervisors as defined in the Act.
On September 8, 2008, the Union was certified as the exclusive collective-
bargaining representative of the unit.
At all times since September 8, 2008, based on Section 9(a) of the Act, the Union
has been the exclusive collective-bargaining representative of the unit.
ORDER
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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, as
amended, the National Labor Relations Board orders that:
The Respondent, Reedman-Toll, L.P., Langhorne, Pennsylvania, its officers,
agents, successors, and assigns shall
1. Cease and desist from
(a) Maintaining in its employee handbook a “confidentiality” policy that prohibits
employees from using or disclosing employee names, addresses and telephone
numbers “for any purpose which does not further or is inconsistent with the Company’s
business interests.”
(b) Instructing employees that they are not permitted to conduct “union business”
on the Respondent’s property.
(c) Disciplining employees or otherwise discriminating in regard to their hire or
tenure of employment or any other term or condition of employment, in retaliation for
positions taken by International Brotherhood of Teamsters, Local 628, CTW (the Union)
in bargaining with the Respondent.
(d) Failing and refusing to bargain collectively and in good faith with the Union as
the exclusive collective-bargaining representative of all employees in the bargaining unit
(the unit) described below by:
(i) failing to meet with the Union at reasonable times to negotiate
a collective-bargaining agreement;
(ii) making changes related to the wages, hours, and other
mandatory terms and conditions of employment of unit employees without
first notifying the Union and without affording the Union an opportunity to
bargain with Respondent with respect to this conduct;
(iii) making changes related to the wages, hours and other
mandatory terms and conditions of employment of unit employees without
affording the Union an opportunity to bargain with Respondent with
respect to the effects of this conduct on unit employees;
(iv) failing to provide, or to timely provide, to the Union
requested information that is relevant and necessary for the Union to
perform its duties as the exclusive collective-bargaining representative of
unit employees; and
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(v) bypassing the Union and dealing directly with unit employees
regarding their wages, hours, and other mandatory terms and conditions
of employment.
(e) In any like or related manner, interfering with, restraining or coercing its
employees in the exercise of their right to self-organization, to form labor organizations,
to join or assist the Union or any other 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.
(a) Rescind the portion of the employee handbook’s “confidentiality” policy that
prohibits employees from using or disclosing employee names, addresses and
telephone numbers “for any purpose which does not further or is inconsistent with the
Company’s business interests.”
(b) Furnish all current employees with inserts for the current employee handbook
that (i) advise employees that the unlawful policy has been rescinded, or (ii) provide the
language of a lawful policy; or publish and distribute revised employee handbooks that
(i) do not contain the unlawful policy, or (ii) provide the language of a lawful policy.
(c) Within 14 days of this Order, remove from the Respondent’s files any
reference to the warnings issued to Mike Woods, Dave Adams, Bill Groff, Carlos Perez,
Joe Malloy, Ryan Collins, Jim Tranter, Robert Wilson, Mike Roby and Juan Piedrahita,
and to the last chance agreement that was imposed on Richard Strunk, and within 3
days thereafter, notify those employees, in writing, that this was done and that the
warnings and/or last chance agreement will not be used against them in any way.
(d) On request, bargain collectively and in good faith with the Union concerning
wages, hours, and other terms and conditions of employment of all employees in the
unit, and, if an understanding is reached, embody such understanding in a written,
signed agreement. The unit is:
All full-time and regular part-time Auto Technicians A, B, C, and D,
apprentices, and team leaders employed by Respondent in the Chevrolet
service department at its Langhorne, Pennsylvania facility, excluding all
other employees, service writers, parts employees, parts drivers, warranty
representatives, car jockeys/lot attendants, clerical employees, cashiers,
guards and supervisors as defined in the Act.
(e) Continue to bargain with the Union as the exclusive collective-bargaining
representative of the Unit employees as if the initial year of certification in the Unit will
not expire until six months have elapsed since the reading to the unit of the Appendix A
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Notice to Employees as required by subparagraph 2(k) below. During the extension of
the certification year, and unless the Union and the Respondent agree otherwise, the
Respondent will engage in full day bargaining sessions (of at least 8 hours per session,
or less by agreement of the Union and the Respondent), on at least three dates per
month, offering the Union six dates in no fewer than two weeks in the month, from which
the Union may choose three dates, and making the offer no later than the 15th day of
the preceding month. The Union is required to select three dates by the 18th day of the
preceding month.
(f) On request by the Union, rescind the following unilateral changes affecting
unit employees:
(i) the imposition of discipline for “comebacks”;
(ii) increased holiday pay and personal day pay for unit
employees;
(iii) work policies issued on November 6, 2009 requiring
recording of vehicle mileage, requiring road testing of vehicles, and
wearing of protective eyewear, and materially changing the terms and
conditions of employment in a new job description;
(iv) the policy announced on December 1, 2009 that employees
would not be paid for repairs unless they completed vehicle mileage
entries on their repair documents;
(v) the establishment of the Express Team;
(vi) the disciplining of an employee pursuant to a “last chance”
agreement;
(vii) the establishment of a starting wage rate for newly hired
employees Jeremy Withrow, Sean Mercado, Eric Harris and Denny
Sugianto;
(viii) the transfer of Ryan Collins and Jason Swift from the
Express Team to regular teams;
(ix) the March 21, 2011 restrictions prohibiting employees from
using personal laptops and other electronic devices at work.
(g) Make whole the employees listed below for loss of pay and/or benefits they
suffered by reason of the Respondent’s unilateral layoffs of Harry Sturza and Robert
Strunk, and the unilateral increase in unit employees’ health insurance co-premiums
and out-of-pocket expenses in 2009, by payment to them of the amounts set forth
opposite their respective names within 14 days of this Order. All payments, in the form
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of separate checks made out to Harry Sturza, Richard Strunk, Eric Harris and Denny
Sugianto, will be sent to Region Four of the Board at 615 Chestnut Street, 7th Floor,
Philadelphia PA 19106. The Respondent will make appropriate withholdings from the
wage payments to Harry Sturza and Robert Strunk, and from the co-premium payments
to Eric Harris and Denny Sugianto. No withholdings will be made from the interest
payments to Harry Sturza, Robert Strunk, Eric Harris, and Denny Sugianto or from the
payment to Richard Strunk for reimbursement and interest for his health insurance costs
during his layoff.
Wages
Harry Sturza $16,316 in wages and $1,978 in interest
Richard Strunk $10,945 in wages and $1,323 in interest
Health Insurance
Richard Strunk $1,906 reimbursement for health insurance costs
during layoff and $232 in interest
Eric Harris $171 in reimbursement for co-premium deductions
from wages and $10 in interest
Denny Sugianto $74 in reimbursement for co-premium deductions
from wages and $4 in interest
(h) Make whole the employees listed below for losses that suffered by reason of
the Respondent’s unilateral suspension of its matching contribution to their 401(k)
accounts by paying them the amounts set forth below opposite their respective names
directly to either of the following, at each employee’s option: (A) an existing Individual
Retirement Account (IRA) held by the employee in his name, or (B) an IRA that will be
established on his behalf with Lord Abbett & Co. LLC with the Respondent’s assistance.
Within 14 days of the Board’s Order, the Respondent will notify each of the employees
in writing that it will make them whole as described above and that it will do so promptly.
401(k) benefits
Michael Brown $ 993.09
Michael Dischinger $ 90.27
William Groff $ 230.03
Leonard Metrow $1581.92
Thomas Minch $1442.66
Carlos Perez $1130.64
Juan Piedrahita $1064.44
Michael Roby $1274.88
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Louis Ustica $1381.65
Robert Wilson $1095.80
Michael Woods $1188.49
(i) On request by the Union, bargain with the Union concerning the effects on
employees of the reduction in the number of teams from four to three.
(j) Within 14 days of service by the Region, post at the Facility copies of the
attached Notices marked “Appendix A” and “Appendix B,” respectively. Copies of the
Notices, on forms provided by Region Four, after being signed by Respondent’s
authorized representative, shall be posted by Respondent and maintained for 60
consecutive days in conspicuous places, including all places where notices to
employees are customarily posted. The Appendix A Notices shall be posted in all
places where notices to unit employees are customarily posted. The Appendix B
Notices shall be posted in all other places where notices to any of Respondent’s
employees are posted. In addition to the physical posting of paper Notices, Notices
shall be distributed electronically, by email, posting on an intranet or an internet site, or
by 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. If, during the
pendency of these proceedings, the Respondent goes out of business or closes the
Facility, it shall duplicate and mail, at its own expense, a copy of the Notice to all current
employees and former employees employed by Respondent at any time since January
1, 2012.
(k) Hold a meeting or meetings of unit employees, scheduled to ensure the
widest possible attendance, at which a responsible management official of the
Respondent will read the Appendix A Notice in the presence of a Board agent, or, at the
Respondent’s option, a Board agent will read the Appendix A Notice in the presence of
a responsible management official of the Respondent. The reading(s) will take place at
a date and time to be determined by the Regional Director after consultation with the
parties, and after the Respondent has posted the Appendix A Notice pursuant to
subparagraph 2(j), above.
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(l) 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 Respondent has taken to comply.
Dated, Washington, D.C., April 30, 2012.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Terrence F. Flynn, Member
___________________________________
Sharon Block, 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:
Section 7 of the National Labor Relations Act gives you as employees these rights:
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.
International Brotherhood of Teamsters Local 628, CTW (the Union) is the exclusive
representative of the following bargaining unit of employees in dealing with us
regarding wages, hours and other working conditions of these employees:
All full-time and regular part-time Auto Technicians A, B, C, and D,
apprentices, and team leaders employed by us in our Chevrolet service
department at our Langhorne, Pennsylvania facility, excluding all other
employees, service writers, parts employees, parts drivers, warranty
representatives, car jockeys/lot attendants, clerical employees, cashiers,
guards and supervisors as defined in the National Labor Relations Act.
WE WILL NOT maintain or enforce in our employee handbook the confidentiality policy
that prohibits you from using or disclosing the names, addresses and telephone
numbers of your co-workers “for any purpose which does not further or is inconsistent
with the Company’s business interests.”
WE WILL NOT tell employees that they are prohibited from engaging in “union
business” or other Union activity on our premises.
WE WILL NOT discipline or otherwise discriminate against you in retaliation for
positions taken by the Union in bargaining with us.
10
WE WILL NOT fail and refuse to bargain collectively and in good faith with the Union as
the exclusive collective-bargaining representative of all employees in the bargaining
unit.
WE WILL NOT fail and refuse to meet with the Union at reasonable times to negotiate a
collective-bargaining agreement covering the bargaining unit employees.
WE WILL NOT, without first giving the Union notice and an opportunity to bargain,
make changes in the wages, hours and other terms and conditions of employment of
bargaining unit employees.
WE WILL NOT fail or refuse to bargain with the Union concerning the effects of
changes in our operations, such as the reduction of the number of technician teams
from four to three, on the wages, hours and other terms and conditions of employment
of bargaining unit employees.
WE WILL NOT fail or refuse to timely provide the Union information that is relevant and
necessary for the Union to perform its duties as the exclusive collective-bargaining
representative, such as the addresses of bargaining unit employees and health
insurance census information the Union requested.
WE WILL NOT bypass the Union an deal directly with bargaining unit employees
including meeting with these employees without the Union present and requiring them
to sign last chance disciplinary agreements.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed you by Section 7 of the National Labor Relations Act.
WE WILL recognize and, on request, bargain in good faith with the Union as the
exclusive collective-bargaining representative of our bargaining unit employees.
WE WILL rescind the portion of our employee handbook’s confidentiality policy that
prohibits you from using or disclosing the names, addresses and telephone numbers of
your co-workers and WE WILL furnish all of you with inserts for the current employee
handbook that (1) advise you that this prohibition has been rescinded, or (2) provide the
language of a revised and lawful confidentiality policy; or publish and distribute revised
employee handbooks that (1) do not contain this prohibition, or (2) provide the language
of a revised and lawful confidentiality policy.
WE WILL rescind the warnings issued to Mike Woods, Dave Adams, Bill Groff, Carlos
Perez, Joe Malloy, Ryan Collins, Jim Trantor, Robert Wilson, Mike Roby and Juan
Piedrahita and the last chance agreement imposed on Richard Strunk, and remove from
our files any reference to the warnings and last chance agreement, and WE WILL notify
them in writing that this has been done and that the warnings and last chance
agreement will not be used against them in any way.
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WE WILL, upon request, rescind the following changes made to the bargaining unit’s
terms and conditions of employment: the imposition of discipline for callbacks; the
changes in pay for holidays and personal days; the changes in work policies that were
issued on November 6, 2009 with respect to the recording of vehicle mileage, the road-
testing of vehicles, the wearing of protective gear, and the material changes in the
technician job description; the requirement issued on December 1, 2009 that
technicians complete vehicle mileage entries in order to be paid for those repair jobs;
the establishment of the Express Team; the use of last chance agreements to discipline
employees; the unilateral setting of wage rates for new hires; the transfer of Ryan
Collins and Jason Swift from the Express Team to a regular team; and the ban on
employee use of personal laptops and electronic devices at work.
WE WILL make employees whole, with interest, for any and all losses of wages and
other benefits incurred as a result of the unilateral changes we made by laying off
Richard Strunk and Harry Sturza, discontinuing our matching contributions for
bargaining unit employees participating in our 401(k) benefit plan in 2009, and
increasing bargaining unit employees’ health insurance co-premiums and out-of-pocket
expenses in 2009.
WE HAVE offered reinstatement to Richard Strunk and Harry Sturza to their former jobs
on March 18, 2009 without prejudice to their seniority or any other rights or privileges
previously enjoyed. Richard Strunk accepted reinstatement and was reinstated on
March 23, 2009, and Harry Sturza declined reinstatement on March 24, 2009. WE
WILL make Harry Sturza and Richard Strunk whole, with interest, for any loss of
earnings or other benefits resulting from their layoffs.
WE RESTORED our matching 401(k) contribution, and WE WILL reimburse employees
for their losses during the period when the match as discontinued.
WE RESTORED the employee weekly co-premium payment rates that existed prior to
July 1, 2009. On August 1, 2010, following a bargain impasse, the health insurance
benefits were lawfully changed to the current benefit. WE HAVE reimbursed and WE
WILL reimburse employees, with interest, for their added co-premium payments and
out-of-pocket expenses during the period July 1, 2009 through August 1, 2010.
WE WILL, upon request, bargain in good faith the Union concerning the effects of the
reduction of the number of technician teams from four to three on the wages, hours and
other terms and conditions of employment of bargaining unit employees.
WE HAVE provided to the Union the addresses for bargaining unit employees and
health insurance census information that it requested.
WE WILL, upon request, bargain in good faith with the Union as the exclusive
collective-bargaining representative of the bargaining unit, and continue to do so for six
months from the date of the reading of this Notice to the bargaining unit employees as if
the initial year of certification had not expired. Unless the parties agree otherwise, WE
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WILL engage in full day bargaining sessions (of at least 8 hours per session, or less by
agreement of the parties) on at least three dates per month, offering the Union six dates
in no fewer than two weeks in the month, from which the Union may choose three
dates, and making the offer no later than the 15th day of the preceding month. The
Union is required to select three dates by the 18th day of the preceding month.
REEDMAN-TOLL L.P.
DATE: ________________________ BY: ________________________________
(Representative) (Title)
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APPENDIX B
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:
Section 7 of the National Labor Relations Act gives you as employees these rights:
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 maintain or enforce the confidentiality policy in our employee handbook
that prohibits you from using or disclosing the names, addresses and telephone
numbers of your co-workers “for any purpose which does not further or is inconsistent
with the Company’s business interest.”
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed you by Section 7 of the National Labor Relations Act.
WE WILL rescind the portion of our employee handbook’s confidentiality policy that
prohibits you from using or disclosing the names, addresses and telephone numbers of
your co-workers and WE WILL furnish all of you with inserts for the current handbook
that (1) advise you that this prohibition has been rescinded, or (2) provide a revised and
lawful confidentiality policy; or publish and distribute revised employee handbooks that
(1) do not contain this prohibition, or (2) provide the language of a revised and lawful
confidentiality policy.
REEDMAN-TOLL L.P.
DATE: ________________________ BY: ________________________________
(Representative) (Title)