Springfield Urban League, Inc.

National Labor Relations Board - Unpublished Board DecisionsApr 9, 2021

25-CA-248142 (N.L.R.B. Apr. 9, 2021)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SPRINGFIELD URBAN LEAGUE, INC. and Cases 25-CA-248142 25-CA-248144 AMERICAN FEDERATION OF STATE, COUNTY, 25-CA-258335 AND MUNICIPAL EMPLOYEES (AFSCME), COUNCIL 31, AFL-CIO DECISION AND ORDER Statement of the Cases On February 25, 2021, Springfield Urban League, Inc. (the Respondent); American Federation of State, County, and Municipal Employees (AFSCME), Council 31, AFL-CIO (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 an Illinois not-for-profit corporation with an office and place of business in Springfield, Illinois, and has been engaged in providing childcare services. In conducting its operations during the fiscal year ending June 30, 2020, the Respondent derived gross revenues in excess of $250,000. In conducting its operations during the fiscal year ending June 30, 2020, the Respondent purchased and received goods valued in excess of $50,000 directly from points outside the State of Illinois. 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 2. The labor organization involved American Federation of State, County, and Municipal Employees (AFSCME) Council 31 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, Springfield Urban League, Inc., Springfield, Illinois, its officers, agents, successors, and assigns shall 1. Cease and desist from (a) Informing employees that the Respondent modified its bargaining proposals because of their union activities. (b) Refusing to bargain collectively with American Federation of State, County, and Municipal Employees (AFSME) Council 31 (the Union) as the exclusive representative of the following unit: All Head Start, Early Head Start, and Wee Grow full-time and regular part-time employees performing same or similar duties as teachers, teacher assistants, advocates, home visitors, special needs assistants, bus drivers, bus monitors, cooks, maintenance employees, data entry employees, receptionist, and MIS/IT employed by the Employer at all work locations; excluding site managers, directors, assistant directors, human resource employees, managerial employees, confidential employees, professional employees, guards and supervisors as defined in the Act. (c) Unreasonably delaying and refusing to provide the Union with information that is relevant and necessary to its role as the bargaining representative for bargaining unit employees. (d) In any like or related manner, interfering with, restraining or coercing employees in the exercise of the rights guaranteed to them under Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Provide the Union with the information requested on August 23 and 29, September 11, except for the Employee Action Forms (EAFs), and September 17, 2019, and March 26, 2020. (b) Within 14 days of service by the Region, post at its place of business in Springfield, Illinois, copies of the attached notice marked “Appendix A.” Copies of the notice, on forms provided by Region 25, after being signed by the Respondent’s authorized representative, shall be posted by the Respondent and maintained for 60 consecutive days in all prominent places around its facility, including all places where the Respondent normally posts notices to employees. In addition to physical posting of paper notices, the Respondent shall distribute 3 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 July 31, 2019. (c) Within 21 days after service by the Region, file with the Regional Director a sworn certificate 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., April 9, 2021. _____________________________________ Lauren McFerran, Chairman _____________________________________ Marvin E. Kaplan, Member _____________________________________ John F. Ring, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 4 EXHIBIT 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 interfere with, restrain, or coerce you in the exercise of the above rights. WE WILL NOT tell you that we are modifying our bargaining proposals because you engaged in activities on behalf of American Federation of State, County, and Municipal Employees (AFSCME) Council 31 (the Union). WE WILL NOT refuse to bargain in good faith with the Union as the exclusive collective- bargaining representative of our employees in the following appropriate unit: All Head Start, Early Head Start, and Wee Grow full-time and regular part-time employees performing same or similar duties as teachers, teacher assistants, advocates, home visitors, special needs assistants, bus drivers, bus monitors, cooks, maintenance employees, data entry employees, receptionist, and MIS/IT employed by the Employer at all work locations; excluding site managers, directors, assistant directors, human resource employees, managerial employees, confidential employees, professional employees, guards and supervisors as defined in the Act. WE WILL NOT refuse to provide the Union with information that is relevant and necessary to its role as your bargaining representative. WE WILL NOT unreasonably delay in providing the Union with information that is relevant and necessary to its role as your bargaining representative. WE WILL NOT in any like or related manner interfere with your rights under Section 7 of the Act. 5 WE WILL provide the Union with the information it requested on August 23 and 29 and September 11, except for the Employee Action Forms (EAFs), and September 17, 2019, and March 26, 2020. SPRINGFIELD URBAN LEAGUE, INC. The Board’s decision can be found at www.nlrb.gov/case/25-CA-248142 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.