Amphenol Griffith Enterprises, LLC

National Labor Relations Board - Board Decisions

May 27, 2014

28-CA-112759 (N.L.R.B. May. 27, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMPHENOL GRIFFITH ENTERPRISES, LLC
and Case 28-CA-112759
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, AFL-CIO
DECISION AND ORDER
Statement of the Case
On February 26, 2014, Amphenol Griffith Enterprises, LLC (the Respondent),
International Brotherhood of Electrical Workers, 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.1 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.
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 a Delaware limited liability company with an office and place
of business in Cottonwood, Arizona. The Respondent engaged in the manufacture of
electrical support systems for aviation and gas pipeline customers.
In conducting its business operations in Cottonwood during the one-year period
ending September 6, 2013, the Respondent purchased and received goods valued in
excess of $50,000 directly from outside the State of Arizona.

1 On Feb. 26, 2014, Administrative Law Judge John J. McCarrick approved the parties’
stipulation.
2
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 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, Amphenol Griffith Enterprises, LLC, Cottonwood, Arizona, its
officers, agents, successors and assigns, shall
1. Cease and desist from
(a) Discharging employees because of their union activities, sympathies, or
support.
(b) In any like or related manner interfering with, restraining, or coercing its
employees in the exercise of their rights to self-organization, to form labor
organizations, to join or assist the International Brotherhood of Electrical Workers, AFL-
CIO, 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) Within five days of the Board’s Order, offer Paul Valenzuela full
reinstatement to his former job, or if that job no longer exists, to a substantially
equivalent position, without prejudice to his seniority or any other rights or privileges
previously enjoyed.
(b) Within five days of the Board’s Order, remove from its files any reference to
Valenzuela’s discharge and within 3 days thereafter, notify him, in writing, that this was
done and that the discharge will not be used against him in any way.
(c) Within five days of the Board’s Order, make Valenzuela whole for any loss of
pay he may have suffered by reason of the discrimination against him, by payment to
him in the following amount: $6,053.00 backpay and $35 interest, for a total amount of
$6,106.00. The Respondent shall make appropriate withholdings for Valenzuela. No
3
withholdings should be made from the interest portion of the backpay. The Respondent
will also file a report with the Social Security Administration allocating the payment to
the appropriate time periods.
(d) Make Valenzuela whole for any additional loss of pay caused by the
Respondent’s failure, if any, to reinstate him in accordance with the provisions of this
Order within 14 days from the date of this Order, by payment to him of the respective
amount he would have earned if properly reinstated, from the 15th day after the date of
this Order to the date of a proper offer of reinstatement, less his net earnings during
such period, said amounts to be computed on a quarterly basis.
(e) Within 14 days of service by Region 28, post at the Respondent’s facility in
Cottonwood, Arizona, copies of the attached notice marked “Appendix”. Copies of the
notice, 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. 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 August 7, 2013.
(f) Within 21 days after service by the Region, file with the Regional Director of
Region 28 of the Board 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., May 27, 2014.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Harry I. Johnson, III, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
4
APPENDIX
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 do anything that interferes with these rights. More particularly:
WE WILL NOT discharge you because of your support for or activities on behalf of the
International Brotherhood of Electrical Workers or any other union.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in
the exercise of the rights guaranteed you under Section 7 of the Act.
WE WILL immediately offer full reinstatement to PAUL VALENZUELA to his former
position, or if that position no longer exists, to a substantially equivalent position of
employment without prejudice to his seniority or other rights and privileges.
WE WILL make PAUL VALENZUELA whole for any loss of earnings and other benefits
he suffered as a result of our discriminatory conduct, with interest.
WE WILL remove from our files all references to the discharge of PAUL VALENZUELA
and WE WILL notify him in writing that this has been done and that the discharge will
not be used against him in any way.
AMPHENOL GRIFFITH ENTERPRISES, LLC