Calumet River Fleeting, Inc.

National Labor Relations Board - Board Decisions

Oct 27, 2014

13-CA-127122 (N.L.R.B. Oct. 27, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CALUMET RIVER FLEETING, INC.
and Case 13-CA-127122
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, LOCAL 2070, GLDC-ACD,
AFL-CIO
DECISION AND ORDER
Statement of the Case
On August 20, 2014, Calumet River Fleeting, Inc. (the Respondent), International
Longshoremen’s Association, Local 2070, GLDC-ACD, 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, 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, Calumet River Fleeting, Inc., (the Respondent) has been a
corporation with an office and place of business in Chicago, Illinois (the Respondent’s
facility), and has been engaged in the business of transporting goods and materials on
inland waters.
2
In conducting its operations during the calendar year ending December 12, 2013,
the Respondent derived gross revenues in excess of $50,000 for the transportation of
goods and materials from the State of Illinois directly to points outside the State of
Illinois.
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 International Longshoremen’s Association, Local 2070,
GLDC-ACD, AFL-CIO (the Union) has been a labor organization within the meaning of
Section 2(5) of the Act.
3. The appropriate unit
Employees described in Article 1 Section 1(e) of the current collective-bargaining
agreement between the Respondent and the Union, as described below, constitute a
unit appropriate for the purposes of collective bargaining within the meaning of Section
9(b) of the Act.
Since about 2012 and at all material times, the Respondent has recognized the
Union as the exclusive collective-bargaining representative of the unit. This recognition
is embodied in a collective-bargaining agreement effective by its terms from September
1, 2012, to August 31, 2017.
At all material times, based on Section 9(a) of the Act, the Union has been the
exclusive collective-bargaining representative of the unit.
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, Calumet River Fleeting, Inc., Chicago, Illinois, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
(a) Unlawfully bypassing the International Longshoremen’s Association, Local
2070, GLDC-ACD, AFL-CIO as the exclusive collective-bargaining representative of its
unit employees by soliciting bargaining unit employees to enter and entering into
individual employment contracts.
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(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Upon request, bargain collectively with the International Longshoremen’s
Association, Local 2070, GLDC-ACD, AFL-CIO as the exclusive collective-bargaining
representative of its employees at its Chicago, Illinois, facility as described in Article 1
Section 1(e) of the current collective-bargaining agreement between the Respondent
and the Union with respect to rates of pay, wages, hours of employment, and other
conditions of employment.
(b) The Respondent will cease offering, soliciting, entering into, continuing or
giving effect to, enforcing or attempting to enforce, any individual employment
agreements executed by and between the Respondent and various bargaining unit
employees during the period beginning around May 1, 2013 through December 31,
2013.
(c) The Respondent will rescind and give no effect to the following individual
agreements with bargaining unit employees or any other individual agreements
executed by and between the Respondent and individual bargaining unit employees
during the period beginning around May 1, 2013 through December 31, 2013:
1) William Selvick, contract executed about May 27, 2013;
2) Kay Englebert, contract executed about May 29, 2013;
3) Erick May, contract executed about May 31, 2013;
4) Andrew Conley, contract executed about July 1, 2013;
5) Joshua Brenner, contract executed about October 16, 2013.
(d) Within 14 days of service by the Region, post at its Calumet River Fleeting,
Inc., facility located at 10048 S Indianapolis Ave., Chicago, Illinois 60617-6029,
including all places where notices to members are customarily posted, copies of the
attached notice (“Exhibit 3”). Copies of the notice, on forms provided by Region 13,
after being signed by the Respondent’s authorized representative, shall be posted by
the Respondent and maintained for 60 consecutive days in conspicuous 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.
(e) Mail to the Regional Director for Region 13, signed copies of said notice as
directed by the Regional Director’s designee.
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(f) Notify the Regional Director, in writing, within 21 days from the date of this
Order, what steps the Respondent has taken to comply herewith.
Dated, Washington, D.C., October 14, 2014
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Harry I. Johnson, III, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
EXHIBIT 3
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 bypass the International Longshoremen’s Association, Local 2070,
GLDC-ACD, AFL-CIO, as the exclusive collective-bargaining representative of our unit
employees and solicit individual employees to enter and/or entering into individual
employment contracts with bargaining unit employees.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL, upon request, bargain collectively with the International Longshoremen’s
Association, Local 2070, GLDC-ACD, AFL-CIO, as the exclusive collective-bargaining
representative of our employees at our Chicago, Illinois, facility as described in Article 1
Section 1(e) of the current collective-bargaining agreement between the Respondent
and the Union with respect to rates of pay, wages, hours of employment, and other
conditions of employment.
WE WILL cease soliciting and entering into individual employment agreements with
bargaining unit employees and WE WILL rescind any agreement executed by the
Respondent with its employees during the period around May 1, 2013 through
December 31, 2013 pursuant to the terms of the Formal Settlement Agreement.
CALUMET RIVER FLEETING, INC.
The Board’s decision can be found at www.nlrb.gov/case/13-CA-127122 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.