TOTAL FIRE PROTECTION, INC.

National Labor Relations Board - Unpublished Board Decisions

Feb 25, 2014

18-CA-095375 (N.L.R.B. Feb. 25, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TOTAL FIRE PROTECTION, INC.
and Case 18-CA-095375
ROAD SPRINKLER FITTERS LOCAL
UNION NO. 669, U.A., AFL-CIO
DECISION AND ORDER
Statement of the Case
On November 26, 2013, Total Fire Protection, Inc. (the Respondent), Road
Sprinkler Fitters Local Union No. 669, U.A., 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, 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.
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 has been a South Dakota corporation with an
office and place of business in Brandon, South Dakota (the Respondent’s facility), and has
been a fire sprinkler system contractor in the construction industry doing commercial
construction.
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In conducting its operations during the 12-month period ending January 31, 2013,
the Respondent sold and shipped from its Brandon, South Dakota facility goods valued in
excess of $50,000 directly to points outside the State of South Dakota.
In conducting its operations during the 12-month period ending January 31, 2013,
the Respondent purchased and received at its Brandon, South Dakota facility goods and
services valued in excess of $50,000 directly from suppliers located outside the State of
South Dakota.
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 involved
At all material times, the Union has been 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, as
amended, the National Labor Relations Board orders that:
The Respondent, Total Fire Protection, Inc., Brandon, South Dakota, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
(a) Threatening or restraining employees by instructing them not to speak to union
representatives or soliciting them to report the appearance of union representatives on job
sites to a supervisor so that the representatives could be removed from the sites.
(b) Threatening employees with adverse consequences if they talk to union
representatives.
(c) Discharging employees in retaliation for their engagement in protected concerted
activities, such as discussing prevailing wage regulations, collecting pay statements, and
contacting a state government agency in support of better wages.
(d) Discharging employees in retaliation for supporting the Union or any other labor
organization.
(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
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.
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2. Take the following affirmative action necessary to effectuate the policies of the Act
(a) Within 14 days from the date of the Board’s Order, remove from the
Respondent’s files any reference to the December 12, 2012 discharges of Adam Lind and
Marty Lindahl. Within 3 days thereafter, notify those employees, in writing, that this was
done and that the December 12, 2012 discharges will not be used against them in any
way.
(b) Make whole the following employees for any loss of pay or benefits they may
have suffered by reason of discrimination against them, by payment to them of the
amounts set forth opposite their respective names:
Adam Lind $ 209.66
Marty Lindahl $1314.63
(c) Preserve and, within 14 days of a request, or such additional time as the
Regional Director may allow for good cause shown, 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
backpay due under the terms of this Order.
(d) Within 14 days of service by the Region, post at its Brandon, South Dakota
facility copies of the attached Notice marked “Appendix A.” Copies of the Notice, on forms
provided by Region 18, 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. 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 November 1, 2012.
(e) In addition to physical posting of paper notices, the Notice to Employees shall
be distributed electronically, such as by email, posting on an intranet or an internet site,
and/or other electronic means, if the Respondent customarily communicates with its
employees by such means, and the Notice to Employees shall be read to employees
during working time at a mandatory meeting by the Respondent’s owner, Chris Brandt, or
by a Board agent in his presence.
(f) 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.
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Dated, Washington, D.C., February 25, 2014
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Philip A. Miscimarra, Member
___________________________________
Nancy Schiffer, 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
As you may know, the Road Sprinkler Fitters Local Union 669, U.A., AFL-CIO filed a
charge with the National Labor Relations Board alleging we violated the National Labor
Relations Act. That charge has been investigated and settled. As part of the Formal
Settlement Agreement, we have agreed to post this Notice.
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 threaten or restrain employees by instructing them not to speak to union
representatives or soliciting them to report the appearance of union representatives on
job sites so that they can be removed from the sites.
WE WILL NOT threaten employees with adverse consequences if they talk to union
representatives.
WE WILL NOT discharge employees in retaliation for their engagement in protected
concerted activities, such as discussing prevailing wage regulations, collecting pay
statements, and contacting a state government agency in support of better wages.
WE WILL NOT discharge employees in retaliation for supporting the Union or any other
labor organization.
WE WILL NOT in any other manner interfere with, restrain, or coerce 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.
WE WILL remove from our files any reference to the December 12, 2012 discharges of
Adam Lind and Marty Lindahl, and WE WILL notify those employees, in writing, that this
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was done and that the December 12, 2012 discharges will not be used against them in any
way.
WE WILL make Adam Lind and Marty Lindahl whole for any loss of pay and benefits they
may have suffered by reason of their December 12, 2012 discharges.
TOTAL FIRE PROTECTION, INC.