Veolia Transportation Services, Inc.

National Labor Relations Board - Board Decisions

Feb 27, 2013

28-CA-086419 (N.L.R.B. Feb. 27, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VEOLIA TRANSPORTATION SERVICES, INC.
and Case 28-CA-086419
AMALGAMATED TRANSIT UNION,
LOCAL 1637, AFL-CIO-CLC
DECISION AND ORDER
Statement of the Case
On January 11, 2013, Veolia Transportation Services, Inc. (the Respondent),
Amalgamated Transit Union, Local 1637, AFL-CIO-CLC (the Union or the Charging
Party), 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 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 Maryland corporation with an office and place of business
in Las Vegas, Nevada. The Respondent provides public vehicle operation services.
In conducting its business operations in Las Vegas during the 1-year period
ending July 31, 2012, the Respondent purchased and received good valued in excess
of $50,000 directly from outside the State of Nevada.
2
The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Sections 2(6) and (7) of the Act.
2. The labor organization involved
Amalgamated Transit Union, Local 1637, AFL-CIO-CLC, the Charging Party, 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, as
amended, the National Labor Relations Board orders that
The Respondent, Veolia Transportation Services, Inc., Las Vegas, Nevada, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively with Amalgamated Transit Union, AFL-CIO-
CLC or its constituent Branch 1637 by refusing to provide or delaying in providing to the
Union requested information that is necessary and relevant to performing its duties as
the exclusive collective-bargaining representative of the unit for the Respondent’s Las
Vegas, Nevada employees.
(b) Requiring the Union to agree to an overly broad confidentiality agreement
limiting the release and use of information requested by the Union pursuant to fact-
finding investigations.
(c) 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.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) On request, furnish the Union with requested information which is relevant
and necessary for the Union to carry out its obligations as the exclusive collective-
bargaining agent of the unit.
(b) To the extent not already provided, unconditionally provide the documents
requested by the Union with regard to discharge and discipline of employees, including
but not limited to:
3
(i) The information requested by the Union regarding the discharge of
unit employee Barbara McAlpin;
(ii) The information requested by the Union regarding the discharge of
unit employee Monique Banks; and
(iii) The information requested by the Union regarding the warnings
issued to unit employee Betsy O’Kief.
(c) Bargain to good faith impasse or agreement regarding any limitation
language on use or disclosure of requested information and reduce any agreement to
signed writing.
(d) Within 14 days of service by Region 28 of the National Labor Relations
Board (Region 28), post at all of its Las Vegas, Nevada facilities copies of the attached
notice marked “Appendix A.” Copies of the notices, on forms provided by Region 28,
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 July 31, 2012.
(e) Within 21 days after service by the Region, file with Regional Director a
sworn certificate of a responsible official on a form provided by the Region attesting to
the steps that Respondent has take to comply.
Dated, Washington, D.C., February 27, 2013.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Robert F. Griffin, Jr., Member
___________________________________
Sharon Block, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
4
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 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 fail to bargain with your collective-bargaining representative,
Amalgamated Transit Union, Local 1637, AFL-CIO-CLC (the Union) as the
representative of an appropriate unit of employees by refusing to provide requested
information that is necessary and relevant for the Union to represent you. The unit is:
Coach Operator, Mechanic (A,B,C), Body Mechanic (A,B,C), Service
Worker, Parts Clerk/Specialist, Air Conditioning Mechanic, Power Train
Mechanic, and Electronic Technician excluding all other employees,
Guards and Supervisors as defined in the National Labor Relations Act.
WE WILL NOT fail to bargain collectively with the Union by refusing to provide the
Union information requested pursuant to factual investigations into matters of discipline
and discharge without written consent to an overly broad confidentiality agreement.
WE WILL NOT in any other manner interfere with, restrain, or coerce you in the
exercise of the rights guaranteed you by Section 7 of the Act.
WE WILL bargain collectively with the Union by providing to the Union information
requested pursuant to factual investigations into matters of discipline and discharge
without written consent to an overly broad confidentiality agreement.
WE WILL, to the extent we have not already done so, provide without condition the
information requested by the Union regarding the discharge of unit employee Barbara
McAlpin.
5
WE WILL, to the extent we have not already done so, provide without condition the
information requested by the Union regarding the discharge of unit employee Monique
Banks.
WE WILL, to the extent we have not already done so, provide without condition the
information requested by the Union regarding the warnings issued to unit employee
Betsy O’Kief.
WE WILL, before imposing any conditions or limitations on the release of information to
the Union, notify the Union and offer to bargain with the Union about such conditions
and bargain with the Union to agreement or a good-faith impasse and reduce any
agreements reached with the Union to a signed writing.
VEOLIA TRANSPORTATION SERVICES, INC.
(Employer)
DATE: ________________________ BY: ________________________________
(Representative) (Title)