Zeigler North Riverside, LLC d/b/a Zeigler Ford of North Riverside

National Labor Relations Board - Unpublished Board Decisions

Sep 18, 2020

13-CA-255786 (N.L.R.B. Sep. 18, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ZEIGLER NORTH RIVERSIDE, LLC D/B/A
ZEIGLER FORD OF NORTH RIVERSIDE
and Cases 13-CA-255786
13-CA-255789
ZEIGLER LINCOLNWOOD, LLC D/B/A 13-CA-255791
ZEIGLER BUICK GMC OF LINCOLNWOOD &
CADILLAC OF LINCOLNWOOD 1
and
TEAMSTERS LOCAL 731, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, AFL-CIO
DECISION AND ORDER
Statement of the Cases
On July 15, 2020, Zeigler North Riverside, LLC d/b/a Zeigler Ford of North
Riverside (Respondent North Riverside) and Zeigler Lincolnwood, LLC d/b/a Zeigler
Buick GMC of Lincolnwood & Cadillac of Lincolnwood (Respondent Lincolnwood)
(collectively the Respondents), Teamsters Local 731, International Brotherhood of
Teamsters, 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.
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.
1 We have corrected errors in the Respondents’ names in the caption and elsewhere in
the pleadings.
2
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondents’ businesses
At all material times, the Respondent Lincolnwood has been a corporation with
an office and place of business in Lincolnwood, Illinois, Respondent Lincolnwood’s
facility, and has been engaged in the retail sale and service of new and pre-owned
automobiles.
In conducting its operations. during the 12-month period ending December 31,
2019, Respondent Lincolnwood derived gross revenues in excess of $500,000 and
during the same period of time, purchased and received goods and materials valued in
excess of $5,000 directly from points outside of the State of Illinois.
About February 2018, Respondent Lincolnwood purchased the business of
Grossinger Auto Group (Grossinger), and since then has continued to operate the
business of Grossinger in basically unchanged form and has employed as a majority of
its employees, individuals who were previously employees of Grossinger.
Based on its operations described above, Respondent Lincolnwood has
continued as the employing entity and is a successor to Grossinger.
Respondent Lincolnwood 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 National
Labor Relations Act (the Act).
At all material times, Respondent North Riverside has been a corporation with an
office and place of business in North Riverside, Illinois, Respondent North Riverside’s
facility, and has been engaged in the retail sale and service of new and pre-owned
automobiles.
In conducting its operations during the 12-month period ending December 31,
2019, Respondent North Riverside derived gross revenues in excess of $500,000 and
during the same period of time, purchased and received goods and materials valued in
excess of $5,000 directly from points outside of the State of Illinois.
About June 2018, Respondent North Riverside purchased the business of
McCarthy Ford (McCarthy), and since then has continued to operate the business of
McCarthy in basically unchanged form, and has employed as a majority of its
employees, individuals who were previously employees of McCarthy.
Based on its operations described, Respondent North Riverside has continued
as the employing entity and is a successor to McCarthy.
3
At all material times, Respondent North Riverside 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
Teamsters Local 731, International Brotherhood of Teamsters, AFL-CIO 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 Respondents, Zeigler Lincolnwood, LLC
d/b/a Zeigler Buick GMC of Lincolnwood & Cadillac of Lincolnwood, Lincolnwood,
Illinois, and Zeigler North Riverside, LLC d/b/a Zeigler Ford of North Riverside, North
Riverside, Illinois, their officers, agents, successors, and assigns shall
1. Cease and desist from
(a) Telling employees that the Respondents are nonunion or that employees are
paying the union for nothing, or making statements that suggest that employees’ union
activities are futile.
(b) Soliciting employees to revoke their authorizations for the checkoff of union
dues from their wages.
(c) Failing to furnish the Union with the relevant requested information, or in any
like or related manner refusing to bargain collectively and in good faith with the Union as
the exclusive collective-bargaining representative of the units at Respondents’
Lincolnwood and North Riverside, Illinois facilities.
(d) In any like or related manner interfering with employees’ rights under Section
7 of the Act.
2. Take the following affirmative actions necessary to effectuate the policies of
the Act.
(a) Provide the Union with the information it requested on December 19, 2019,
including:
1. State the reason for the May 2018 layoff and provide all documents
the Company considered in making the layoff decision.
2. List each employee who was laid off in May 2018. For each
employee on the list, provide their seniority date, their monthly salary,
their department and their classification.
4
3. List the part-time employees who worked at the Company at the time
of the layoff. For each employee state their seniority date, their
department and their classification.
4. State whether the Company has had any vacancies in the 731-
bargaining unit since May 2018. For each vacancy, state the
department and classification.
5. List all employees hired by the Company in the Local 731-bargaining
unit since May 2018. For [ ] individual hired, state their department
and classification.
6. State whether Zeigler ever contacted the employees laid off in May
2018 and recalled them to work. If so, state the date of the contact
and the response of the employee.
7. Provide any Company documents which contain the notice given to
Local 731 of the layoff.
8. A list of all current employees that Zeigler believes are in the
bargaining unit at both dealerships.
9. The salary history of Joseph Petrov and Ken Richards from the
beginning of their employment at Lincolnwood.
10.Any individual employment agreements between either dealership
and their employees, including the employment agreements that
Zeigler has with the parts department employees at North Riverside.
This request also includes any employment agreements with
Charlene Kelly, Ken Richards or Joe Petrov at Lincolnwood and the
individual employment agreements with Roger Clabough and
Anthony Kees prior to the end of their employment at Lincolnwood.
The contents of these agreements will assist the Union in identifying
fruitful areas of bargaining over the issues of wages, bonuses and
insurance.
11.The job title and wage and salary history of each employee at the two
dealerships since August 30, 2019.
12.Any documents which set forth the terms and conditions of the
Company's "Final Offer” and any other documents which describe or
set forth the current wages, hours and terms and conditions of
Zeigler employees in the two bargaining units.
5
13.Please state whether Zeigler is currently withholding union dues for
the bargaining unit employees at each location.
(b) Within 14 days after service by the Region, post copies of the attached notice
marked as Appendix A at the Respondents’ facilities in Lincolnwood and North
Riverside, Illinois. Copies of the notice, on forms provided by Region 13, after being
signed by the Respondents’ authorized representatives, shall be posted by the
Respondents and maintained for 60 consecutive days in conspicuous places, including
all places where notices to employees are customarily posted. The Respondents will
take reasonable steps to ensure that the notices are not altered, defaced, or covered by
any other material.
(c) 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 Respondents have taken to comply.
Dated, Washington, D.C., September 18, 2020.
_____________________________________
John F. Ring, Chairman
_____________________________________
Marvin E. Kaplan, Member
_____________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
6
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
THE NATIONAL LABOR RELATIONS ACT 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 fail and refuse, or unreasonably delay in providing Teamsters Local 731,
International Brotherhood of Teamsters, AFL-CIO with the requested information that is
relevant and necessary to its role as the exclusive collective bargaining representative
of the employees in the unit specified below.
All full-time and regular part-time Service Department employees including
full-time parts counter employees, stock room employees, stock room
attendant, drivers, utility, and garage attendant employees.
WE WILL NOT tell you that we are not union or that you are paying the Union for
nothing, or make statements that suggest your union activities are futile.
WE WILL NOT solicit our employees to revoke their authorizations for the checkoff of
union dues from their wages.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the National Labor Relations Act.
WE WILL provide the Union with the information it requested December 19, 2019
including:
1. State the reason for the May 2018 layoff and provide all documents the
Company considered in making the layoff decision.
7
2. List each employee who was laid off in May 2018. For each employee
on the list, provide their seniority date, their monthly salary, their
department and their classification.
3. List the part-time employees who worked at the Company at the time of
the layoff. For each employee state their seniority date, their department
and their classification.
4. State whether the Company has had any vacancies in the 731-
bargaining unit since May 2018. For each vacancy, state the department
and classification.
5. List all employees hired by the Company in the Local 731-bargaining
unit since May 2018. For [ ] individual hired, state their department and
classification.
6. State whether Zeigler ever contacted the employees laid off in May
2018 and recalled them to work. If so, state the date of the contact and the
response of the employee.
7. Provide any Company documents which contain the notice given to
Local 731 of the layoff.
8. A list of all current employees that Zeigler believes are in the
bargaining unit at both dealerships.
9. The salary history of Joseph Petrov and Ken Richards from the
beginning of their employment at Lincolnwood.
10. Any individual employment agreements between either dealership
and their employees, including the employment agreements that Zeigler
has with the parts department employees at North Riverside. This request
also includes any employment agreements with Charlene Kelly, Ken
Richards or Joe Petrov at Lincolnwood and the individual employment
agreements with Roger Clabough and Anthony Kees prior to the end of
their employment at Lincolnwood. The contents of these agreements will
assist the Union in identifying fruitful areas of bargaining over the issues of
wages, bonuses and insurance.
11. The job title and wage and salary history of each employee at the two
dealerships since August 30, 2019.
12. Any documents which set forth the terms and conditions of the
Company's “Final Offer” and any other documents which describe or set
forth the current wages, hours and terms and conditions of Zeigler
employees in the two bargaining units.
8
13. Please state whether Zeigler is currently withholding union dues for
the bargaining unit employees at each location.
ZEIGLER NORTH RIVERSIDE, LLC D/B/A
ZEIGLER FORD OF NORTH RIVERSIDE
and
ZEIGLER LINCOLNWOOD, LLC D/B/A
ZEIGLER BUICK GMC OF LINCOLNWOOD &
CADILLAC OF LINCOLNWOOD
The Board’s decision can be found at www.nlrb.gov/case/13-CA-255786 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 St., S.E., Washington, D.C.
20570, or by calling (202) 273-1940.