Bauer's Intelligent Transportation, Inc.

National Labor Relations Board - Unpublished Board Decisions

Sep 24, 2015

20-CA-148119 (N.L.R.B. Sep. 24, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BAUER’S INTELLIGENT
TRANSPORTATION, INC.
and Cases 20-CA-148119
20-CA-151225
TEAMSTERS LOCAL 665, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
and
PROFESSIONAL COMMUTER DRIVERS UNION
Party to the Contract
DECISION AND ORDER
Statement of the Cases
On September 15, 2015, Bauer’s Intelligent Transportation, Inc. (the
Respondent), Teamsters Local 665, International Brotherhood of Teamsters (the
Union), Professional Commuter Drivers Union (PCDU), 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
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At all material times, the Respondent has been a California corporation with
offices and places of business in San Francisco, Santa Clara, and Los Angeles,
California and has been engaged in the business of providing transportation services.
During the calendar year ending December 31, 2014, the Respondent, in
conducting its business operations described above, derived gross revenues in excess
of $500,000 and purchased and received at its San Francisco, Santa Clara, and Los
Angeles, California facilities goods valued in excess of $5000 which originated from
points outside the State of California.
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 organizations
The Union and the PCDU are labor organizations 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, Bauer’s Intelligent Transportation, Inc., San Francisco, Santa
Clara, and Los Angeles, California, its officers, agents, successors, and assigns, shall
A. Cease and desist from
(1) Dominating or providing unlawful assistance or support to PCDU or any other
labor organization.
(2) Recognizing PCDU as the representative of any of its employees for the
purpose of dealing with the Respondent concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or other terms and conditions of employment.
(3) Giving effect to or enforcing the collective-bargaining agreement that it
entered into with PCDU about March 23, 2015, provided, however, that nothing in this
Order shall require the Respondent to vary or abandon any existing wages or benefits
established for employees by its current agreement with the PCDU.
(4) Surveillance of employee union activities.
(5) Interfering with the distribution of Union literature to employees.
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(6) Interfering with, restraining, or coercing employees in the exercise of their
Section 7 rights in any like or related manner.
B. Take the following affirmative action necessary to effectuate the policies of
the Act.
(1) Immediately withdraw all recognition from PCDU as representative of any of
its employees for the purpose of dealing with the Respondent concerning grievances,
labor disputes, wages, rates of pay, hours of employment or other terms and conditions
of employment, and completely disestablish the PCDU as such representative.
(2) Within 14 days of service by the Region, post in prominent places at the
Respondent’s various San Francisco and South Bay facilities copies of the attached
notice marked “Appendix A.” Copies of the Notice, on forms provided by Region 20,
after being signed by the Respondent’s authorized representative, shall be posted for a
period of 60 days, in conspicuous places, including all places where notices to
employees are customarily posted. In addition to physical posting of paper notices,
notices shall be distributed electronically, such as by email, posting on an intranet or
internet site, and/or by other electronic means, if the Respondent customarily
communicates with its employees by such means. Responsible steps shall be taken by
the Respondent to ensure that the notices are not altered, defaced, or covered by any
other material.
(3) Mail a copy of the Notice to all Commuter Drivers employed since March 6,
2015.
(4) Within 21 days of the issuance of the Board’s Order, file with the Regional
Director of Region 20 of the Board, a sworn affidavit from a responsible official
describing with specificity the manner in which the Respondent has complied with the
terms of the Board’s Order, including the locations of the posted documents.
(5) In connection with the representation petition the Union filed in Case 20-RC-
150089:
(a) Effective upon the signing of this agreement by all parties to this agreement
and continuing until the time of the election in Case 20-RC-150089, allow the
Union reasonable access to the Respondent’s bulletin boards located at its San
Francisco and Santa Clara Counties facilities’ Dispatch;
(b) Effective upon the signing of this agreement by all parties to this agreement
and continuing until the time of the election in Case 20-RC-150089, at receiving
72 hours advance notice by the Union, the Respondent will grant one Union
representative access to its breakroom for one continuous hour, at either the San
Francisco or Santa Clara County facility, once every seven days, to meet with
employees. The Respondent agrees not to schedule mandatory drivers’
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meetings upon receiving said notice from the Union, on the dates and at the time
of meetings noticed by the Union.
Dated, Washington, D.C., September 24, 2015.
_____________________________________
Mark Gaston Pearce, Chairman
_____________________________________
Philip A. Miscimarra, Member
_____________________________________
Lauren McFerran, 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
Cases: 20-CA-148119 and 20-CA-151225
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 do anything to prevent you from exercising the above rights.
WE WILL NOT engage in surveillance of your union and protected concerted activities
or engage in other conduct that makes it appear that we are engaging in such
surveillance.
WE WILL NOT physically interfere with your ability to receive union literature.
WE WILL NOT form, administer, or render unlawful assistance or support to the
Professional Commuter Drivers Union (PCDU), or any other labor organization.
WE WILL NOT recognize an organization as your exclusive collective-bargaining
representative when that organization has the support of less than a majority of the
employees.
WE WILL NOT direct our employees to meet with representatives of PCDU.
WE WILL NOT recognize PCDU as your collective-bargaining representative.
WE WILL NOT maintain or give effect to the collective-bargaining agreement between
Bauer’s Intelligent Transportation and PCDU entered into about March 23, 2015, or any
renewal, extension or modification; provided, however, that nothing in this settlement
requires the withdrawal or elimination of any wage increase or other benefits or terms
and conditions of employment that may have been established pursuant to that
agreement.
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WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL immediately withdraw all recognition from and completely disestablish the
PCDU and refrain from recognizing the PCDU as your representative concerning terms
and conditions of employment.
In connection with the representation petition that Teamsters, Local 665 (the
Union) filed with the Board in Case 20-RC-150089:
WE WILL allow the Union reasonable access to our bulletin boards at our San
Francisco and Santa Clara facilities' Dispatch.
WE WILL grant the Union access to our employee breakrooms at either the San
Francisco or Santa Clara facility, for one hour every seven days, between now and the
time of the election in Case 20-RC-150089.
BAUER’S INTELLIGENT TRANSPORTATION
The Board’s decision can be found at www.nlrb.gov/case/20-CA-148119 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.