RELCO LOCOMOTIVES, INC.

National Labor Relations Board - Board Decisions

Feb 22, 2016

18-CA-153845 (N.L.R.B. Feb. 22, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RELCO LOCOMOTIVES, INC.
and Cases 18-CA-153845
18-CA-156999
INTERNATIONAL ASSOCIATION OF SHEET
METAL, AIR, RAIL, AND TRANSPORTATION
WORKERS
DECISION AND ORDER
On December 22, 2015, RELCO Locomotives, Inc. (the Respondent), the
International Association of Sheet Metal, Air, Rail, and Transportation Workers (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
At all material times, the Respondent, an Illinois corporation with an office and
place of business in Albia, Iowa (the Respondent’s facility), has been engaged in
repairing and rebuilding locomotives.
In conducting its operations at the Respondent’s facility during the past calendar
year, the Respondent sold and shipped goods valued in excess of $50,000 directly to
points outside the State of Iowa.
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The Respondent is now, 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 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, RELCO Locomotives, Inc., Albia, Iowa, its officers, agents,
successors, and assigns, shall
1. Cease and desist from:
(a) Threatening employees with discipline for attending hearings of the National
Labor Relations Board pursuant to subpoena, during their work hours;
(b) Requiring employees to use accrued paid or unpaid leave hours to testify in
a Board hearing as union-subpoenaed witnesses;
(c) Discharging or refusing to reinstate any of its employees or in any other
manner discriminating in regard to hire or tenure of employment or any other
term or condition of employment, in order to discourage membership in the
International Association of Sheet Metal, Air, Rail and Transportation
Workers or in any other labor organization;
(d) Discharging or refusing to reinstate any of its employees or in any other
manner discriminating in regard to hire or tenure of employment or any other
term or condition of employment, because he or she testified on behalf of the
Union in a Board proceeding;
(e) In any other 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 International Association of Sheet Metal, Air, Rail and
Transportation Workers 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:
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(a) Within 14 days from the date of the Board's Order, remove from
the Respondent's files any reference to the discharge of Michael Vajda and
within three days thereafter, notify Vajda, in writing, that this was done and
that the discharge will not be used against him in any way;
(b) Make whole employee Michael Vajda, who does not desire reinstatement, for
any loss of pay he may have suffered by reason of the discrimination against
him, by payment to him in the amount of backpay and interest set forth
below:
Backpay: $15,997.00
Interest: $135.00
(c) Within 14 days of service by the Region, post at its Albia, Iowa facility copies
of the attached notice marked "Appendix A." Copies of the notice, on forms
provided by the Region, 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. In the event that, during
the pendency of these proceedings, the Respondent has gone out of
business or closed the facility involved in these proceedings, the Respondent
shall duplicate and mail, at its own expense, a copy of the notice to all current
employees and former employees employed by the Respondent at any time
since May 26, 2015.
(d) 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., February 22, 2016
_________________________________
Philip A. Miscimarra, Member
_________________________________
Kent Y. Hirozawa, 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:
ï‚· Form, join, or assist a union
ï‚· Choose representatives to bargain with us on your behalf
ï‚· Act together with other employees for your benefit and protection
ï‚· Choose not to engage in any of these protected activities.
WE WILL NOT threaten employees with discipline for attending hearings of the National
Labor Relations Board pursuant to subpoena, during their work hours.
WE WILL NOT require employees to use accrued paid or unpaid leave hours to testify
in a Board hearing as union-subpoenaed witnesses.
WE WILL NOT discharge or refuse to reinstate any of our employees or in any other
manner discriminate in regard to hire or tenure of employment or any other term or
condition of employment, in order to discourage membership in the International
Association of Sheet Metal, Air, Rail and Transportation Workers or in any other labor
organization.
WE WILL NOT discharge or refuse to reinstate any of our employees or in any other
manner discriminate in regard to hire or tenure of employment or any other term or
condition of employment, because he or she testified on behalf of the Union in a Board
proceeding.
WE WILL NOT in any other manner interfere with, restrain or coerce our employees in
the exercise of their right to self-organization, to form labor organizations, to join or
assist the International Association of Sheet Metal, Air, Rail and Transportation Workers
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.
WE WILL remove from our files any reference to the discharge of Michael Vajda and
notify Vajda, in writing, that this was done and the discharge will not be used against
him in any way.
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WE WILL make whole employee Michael Vajda, who does not desire reinstatement, for
any loss of pay he may have suffered by reason of the discrimination against, as set
forth in the formal settlement agreement.
RELCO LOCOMOTIVES, INC.
The Board’s decision can be found at www.nlrb.gov/case/18-CA-153845 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.