Seldat, Inc.

National Labor Relations Board - Board Decisions

Jan 29, 2020

369 N.L.R.B. 14 (N.L.R.B. 2020)

369 NLRB No. 14
Seldat, Inc. and Tyson Jay Chandler and Donald
Dupreist Ricks and Steven M. Garcia and Team-
sters Local 63 and Mark Ruben Alatorre. Cases
21–CA–240526, 31‒CA‒240596, 31‒CA‒240598,
31‒CA‒240869, and 31‒CA‒240974
January 29, 2020
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS KAPLAN AND
EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that Seldat, Inc. (the Respondent) has
failed to file an answer to the consolidated complaint.
Upon charges filed by Tyson Jay Chandler on April 30,
2019, Donald Dupreist Ricks and Steven M. Garcia on
April 29, 2019, Mark Ruben Alatorre on May 6, 2019, and
Teamsters Local 63 on May 2, amended on July 5, 2019,
the General Counsel issued an order consolidating cases,
consolidated complaint, and notice of hearing on October
18, 2019, against the Respondent, alleging that it has vio-
lated Section 8(a)(1), (3), and (5) of the National Labor
Relations Act. The Respondent failed to file an answer.
On November 14, 2019, the General Counsel filed a
Motion for Default Judgment with the Board. On Novem-
ber 20, 2019, the Board issued an order transferring the
proceeding to the Board and a Notice to Show Cause why
the motion should not be granted. The Respondent filed
no response. The allegations in the motion are therefore
undisputed.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is shown.
In addition, the consolidated complaint affirmatively
stated that unless an answer was received on or before No-
vember 1, 2019, the Board may find, pursuant to a motion
for default judgment, that the allegations in the complaint
are true.1 The undisputed allegations in the General Coun-
sel’s motion further disclose that the Region, by letter
dated November 5, 2019, emailed to the Respondent, ad-
vised the Respondent that unless an answer was received
by November 12, 2019, a motion for default judgment
would be filed. Nevertheless, the Respondent failed to file
an answer.
In the absence of good cause being shown for the failure
to file an answer, we deem the allegations in the complaint

1 The General Counsel’s motion also reveals that on October 31,
2019, the Respondent’s attorney withdrew representation. That same
date, the Respondent’s Vice President of Human Resources advised the
to be admitted as true, and we grant the General Counsel’s
Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a Cali-
fornia corporation with an office and place of business in
Compton, California (the Compton facility), and a facility
located in Fontana, California (the Fontana facility),
where it has been engaged providing logistical transporta-
tion services, including intrastate, interstate and the inter-
national transportation of cargo.
In conducting its operations during the 12-month period
ending March 27, 2019, the Respondent performed ser-
vices valued in excess of $50,000 in states other than the
State of California.
We find that the Respondent is an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7)
of the Act, and that the Union has been a labor organiza-
tion within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
1. At all material times, the following individuals held
the positions set forth opposite their respective names and
have been supervisors of the Respondent within the mean-
ing of Section 2(11) of the Act and/or agents of the Re-
spondent within the meaning of Section 2(13) of the Act.
Joe Pennell West Coast Manager
Abel Garcia Transportation Manager
Aaron Huntt Senior Vice President
Kevin (Last Name Unknown) Dispatcher
Steven (Last Name Unknown) Dispatcher
Melissa Bijelic Vice President of Human Re-
sources
2. About March 8, 2019, the Respondent, by Transpor-
tation Manager Garcia, in the parking lot of the Fontana
facility, engaged in surveillance of employee’s union
and/or protected concerted activities.
3. About April 16, 2019, the Respondent, by Senior
Vice President Huntt, in the breakroom of the Compton
facility, engaged in surveillance of employees’ union
and/or protected concerted activities by acting as the Re-
spondent’s election observer in a Board election.
4(a). About early April 2019, the Respondent, by Dis-
patcher Kevin, by telephone, interrogated employees
about whether they were going to vote for the Union in a
Board election.
Region that she would be representing the Respondent and confirmed
receipt of the consolidated complaint.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
(b) About early to mid-April 2019, the Respondent, by
Kevin, by telephone, interrogated employees about
whether they were going to vote for the Union in a Board
election.
5. About April 16, 2019, the Respondent, by Dispatcher
Steven, by telephone, interrogated an employee about
whether the employee was going to vote in a Board elec-
tion.
6(a). About April 16, 2019, the Respondent, by West
Coast Manager Pennell, in the breakroom at the Fontana
facility, interrogated an employee about how the em-
ployee voted in a Board election.
(b) About April 16, 2019, the Respondent, by Pennell,
in his office at the Fontana facility, interrogated an em-
ployee about whether the employee voted in a Board elec-
tion.
7(a). About March 8, 2019, the Respondent’s employ-
ees engaged in concerted activities with each other for the
purposes of mutual aid and protection by, inter alia, dis-
cussing the Respondent’s pay scale.
(b) About April 26, 2019, the Respondent laid off about
36 employees, including Chandler, Ricks, Garcia, and
Alatorre.
(c) The Respondent engaged in the conduct described
above in paragraph 7(b), because employees engaged in
the conduct described above in paragraph 7(a), and to dis-
courage employees from engaging in these or other con-
certed activities.
(d) The Respondent engaged in the conduct described
above in paragraph 7(b) because the employees of the Re-
spondent formed and/or assisted the Union, and to dis-
courage employees from engaging in these activities.
8(a). Since about April 2019 and continuing to about
late May 2019, the Respondent reduced its drivers’ wages
by making the following changes to its drivers’ pay scale
on the dates indicated:
i. About early April 2019, the Respondent stopped pay-
ing drivers to drive from the ports back to the Respond-
ent’s yards or from one port to another.
ii. About April 23, 2019, the Respondent stopped pay-
ing drivers to move chassis or bobtails.
iii. About April 29, 2019, the Respondent stopped pay-
ing drivers to move empty containers from customer
yards to the Respondent’s yards if the customer yards
were within a 5-mile radius of the Respondent’s yards.
(b) The Respondent engaged in the conduct described
above in paragraph 8(a) because the employees of the Re-
spondent formed and/or assisted the Union and engaged in
concerted activities, and to discourage employees from
engaging in these activities.
9. The following employees of Respondent (the Unit)
constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the Act:
Included: All full-time and regular part-time drivers em-
ployed by the Employer at its facilities currently located
at 927 South Santa Fe Avenue, Compton, California and
9421 Transportation Way, Fontana, California.
Excluded: All other employees, independent contractor
drivers who own their own vehicles they operate, office
clerical employees, professional employees, managerial
employees, guards, and supervisors as defined in the
Act.
10. On April 16, 2019, a representation election was
conducted among the employees in the Unit and, on May
8, 2019, the Union was certified as the exclusive collec-
tive-bargaining representative of the Unit.
11. At all times since May 8, 2019, based on Section
9(a) of the Act, the Union has been the exclusive collec-
tive-bargaining representative of the Unit.
12(a). Since about May 13, 2019, the Union has re-
quested in writing that the Respondent furnish the Union
with the information in Items 1‒4, 5(b), 13‒17, and 19‒26
of its May 13, 2019 letter attached hereto as Exhibit 1.
(b) The information requested by the Union, as de-
scribed above in paragraph 12(a), is necessary for, and rel-
evant to, the Union’s performance of its duties as the ex-
clusive collective-bargaining representative of the Unit.
(c) Since about July 24, 2019, the Respondent, in writ-
ing, has failed and refused to furnish the Union with the
information requested by it as described above in para-
graphs 12(a)-(b).
13(a). Since about early May to about late May 2019,
the Respondent made the following changes to its drivers’
pay scale on the dates indicated:
i. About early May 2019, the Respondent reduced by
half drivers’ pay for moving loaded containers from the
Respondent’s yards to its customers’ yards if the cus-
tomer was within a 5-mile radius from the Respondent’s
yard.
ii. About the last week of April 2019, the Respondent
began to record drivers’ work time 2 hours after they ar-
rived at the ports, instead of as soon as they arrived at the
ports.
iii. About mid-May 2019, the Respondent reduced by
half drivers’ pay for moving a bobtail, and began to only
pay for bobtail moves at a dispatcher’s discretion.
SELDAT, INC. 3
iv. About May 29, 2019, the Respondent began to pay
drivers to move a bobtail only if they complete two full
trips with a loaded container.
(b) The subjects set forth above in paragraph 13(a) re-
late to wages, hours, and other terms and conditions of
employment of the Unit and are mandatory subjects for
the purposes of collective bargaining.
(c) The Respondent engaged in the conduct described
above in paragraphs 13(a)-(b) without prior notice to the
Union and without first bargaining with the Union to an
overall good-faith impasse for a collective-bargaining
agreement.
(d) The Respondent engaged in the conduct described
above in paragraph 13(a) because the employees of the
Respondent formed and/or assisted the Union and en-
gaged in concerted activities, and to discourage employees
from engaging in these activities.
14(a). Since about May 13, 2019, the Union requested
to meet with the Respondent for the purposes of negotiat-
ing an initial collective-bargaining agreement with re-
spect to wages, hours, and other terms and conditions of
employment.
(b) Since about July 24, 2019, the Respondent has
failed and/or refused to meet and bargain with the Union
as the exclusive collective-bargaining representative of
the Unit.
(c) By the conduct described above in paragraph 14(b),
the Respondent has failed and refused to bargain in good
faith with the Union as the exclusive collective-bargaining
representative of the Unit.
CONCLUSIONS OF LAW
1. By the conduct described above in paragraphs 2-6
and 7(c), the Respondent has been interfering with, re-
straining, and coercing employees in the exercise of the
rights guaranteed them in Section 7 of the Act in violation
of Section 8(a)(1) of the Act.
2. By the conduct described above in paragraphs 7(d),
8(b), and 13(d), the Respondent has been discriminating
in regard to the hire or tenure or terms or conditions of
employment of its employees, thereby discouraging mem-
bership in a labor organization in violation of Section
8(a)(3) and (1) of the Act.
3. By the conduct described above in paragraphs 12 and
13(a) through (c), the Respondent has been failing and re-
fusing to bargain collectively and in good faith with the
exclusive collective-bargaining representative of its em-
ployees in violation of Section 8(a)(5) and (1) of the Act.
4. By the conduct described above in paragraph 14, the
Respondent has been failing and refusing to bargain col-
lectively and in good faith with the exclusive collective-
bargaining representative of its employees within the
meaning of Section 8(d) of the Act in violation of Section
8(a)(5) and (1) of the Act.
5. The unfair labor practices of the Respondent de-
scribed above affect commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent violated Section 8(a)(3) and (1)
of the Act by laying off about 36 employees, including
Tyson Jay Chandler, Donald Dupreist Ricks, Steven M.
Garcia, and Mark Ruben Alatorre, because they formed or
assisted the Union, and to discourage employees from en-
gaging in these activities, we shall order the Respondent
to offer them full reinstatement to their former jobs or, if
those jobs no longer exist, to substantially equivalent po-
sitions, without prejudice to their seniority or any other
rights or privileges previously enjoyed, and to make them
whole for any loss of earnings and other benefits suffered
as a result of the discrimination against them.
Backpay shall be computed in accordance with F.W.
Woolworth Co., 90 NLRB 289 (1950), with interest at the
rate prescribed in New Horizons, 283 NLRB 1173 (1987),
compounded daily as prescribed in Kentucky River Medi-
cal Center, 356 NLRB 6 (2010). In addition, we shall or-
der the Respondent to compensate these employees for
any adverse tax consequences of receiving a lump-sum
backpay award, and to file with the Regional Director for
Region 21, within 21 days of the date the amount of back-
pay is fixed, either by agreement or Board order, a report
allocating the backpay awards to the appropriate calendar
years for the laid off employees. AdvoServ of New Jersey,
Inc., 363 NLRB No. 143 (2016).
In accordance with our recent decision in King Soopers,
Inc., 364 NLRB No. 93 (2016), we shall also order the Re-
spondent to compensate these employees for their search-
for-work and interim employment expenses regardless of
whether those expenses exceed interim earnings. Search-
for-work and interim employment expenses shall be cal-
culated separately from taxable net backpay, with interest
at the rate prescribed in New Horizons, supra, com-
pounded daily as prescribed in Kentucky River Medical
Center, supra. The Respondent shall also be required to
remove from its files any and all references to the employ-
ees’ unlawful layoffs, and to notify the employees in writ-
ing that this has been done and that their layoffs will not
be used against them in any way.
Having further found that the Respondent violated Sec-
tion 8(a)(5) and (1) by failing and refusing to bargain with
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
the Union, we shall order the Respondent to recognize
and, on request, bargain with the Union as the exclusive
collective-bargaining representative of the unit employees
with respect to wages, hours, benefits, and other terms and
conditions of employment and, if an understanding is
reached, to embody the understanding in a signed agree-
ment.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by law, we shall construe the initial period of the certifi-
cation as beginning the date the Respondent begins to bar-
gain in good faith with the Union. Mar-Jac Poultry Co.,
136 NLRB 785 (1962); accord Burnett Construction Co.,
149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th
Cir. 1965); Lamar Hotel, 140 NLRB 226, 229 (1962),
enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 379 U.S.
817 (1964).
In addition, having found that the Respondent violated
Section 8(a)(5) and (1) by failing and refusing to furnish
the Union with relevant and necessary information, we
shall order the Respondent to furnish the Union with the
information it requested on May 13, 2019, and set forth in
Exhibit 1.
Finally, having found that the Respondent violated Sec-
tion 8(a)(5) and (1) of the Act by unilaterally changing the
terms and conditions of employment of its unit employees,
including reducing by half drivers’ pay for moving a bob-
tail, for moving loaded containers from the Respondent’s
yards to its customers’ yards if the customer was within a
5-mile radius, and recording drivers’ work time 2 hours
after they arrived at the ports, we shall order the Respond-
ent to rescind the changes and retroactively restore the sta-
tus quo. In addition, the Respondent shall make its unit
employees whole for any loss of earnings and other bene-
fits they may have suffered as a result of the unlawful
changes, in the manner set forth in Ogle Protection Ser-
vice, 183 NLRB 682 (1970), enfd. 444 F.2d 502 (6th Cir.
1971), with interest as prescribed in New Horizons, supra,
compounded daily as prescribed in Kentucky River Medi-
cal Center, supra.
ORDER
The National Labor Relations Board orders that the Re-
spondent, Seldat, Inc., Compton, California, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
(a) Engaging in surveillance of its employees’ union or
other protected concerted activities.
(b) Coercively interrogating employees about their un-
ion activities, sympathies, or support.
(c) Laying off employees because the employees en-
gaged in concerted activities with each other for purposes
of mutual aid and protection by discussing their terms and
conditions of employment and/or because they formed or
assisted the Union, and to discourage employees from en-
gaging in these or other concerted or Union activities.
(d) Unilaterally changing the terms and conditions of
employment of its unit employees by reducing employees’
wages because they formed or assisted the Union and en-
gaged in concerted activities and to discourage employees
from engaging in these activities.
(e) Failing and refusing to recognize and bargain col-
lectively and in good faith with Teamsters Local 63 as the
exclusive collective-bargaining representative of employ-
ees in the unit. The unit is:
Included: All full-time and regular part-time drivers em-
ployed by the Employer at its facilities currently located
at 927 South Santa Fe Avenue, Compton, California and
9421 Transportation Way, Fontana, California.
Excluded: All other employees, independent contractor
drivers who own their own vehicles they operate, office
clerical employees, professional employees, managerial
employees, guards, and supervisors as defined in the
Act.
(f) Failing and refusing to recognize and bargain col-
lectively with the Union by failing and refusing to furnish
it with requested information that is relevant and neces-
sary to the Union’s performance of its functions as the ex-
clusive collective-bargaining representative of the Re-
spondent’s unit employees.
(g) In any like or related manner interfering with, re-
straining, 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) Recognize and, on request, bargain with the Union
as the exclusive representative of the employees in the ap-
propriate bargaining unit concerning terms and conditions
of employment and, if an understanding is reached, em-
body the understanding in a signed agreement.
(b) Rescind the unilateral changes to the terms and con-
ditions of employment of its unit employees, including the
reductions to their wages and to their work time, and re-
store the status quo that previously existed.
(c) Furnish to the Union in a timely manner the infor-
mation requested on May 13, 2019. as set forth in Exhibit
1.
(d) Within 14 days from the date of this Order, offer the
36 unit employees who were unlawfully laid off, including
Chandler, Ricks, Garcia, and Alatorre, full reinstatement
to their former jobs or, if those jobs no longer exist, to
substantially equivalent positions, without prejudice to
their seniority or any other rights or privileges previously
enjoyed.
SELDAT, INC. 5
(e) Make whole the 36 employees who were unlawfully
laid off, including Chandler, Ricks, Garcia, and Alatorre,
for any loss of earnings and other benefits suffered as a
result of the discrimination against them, in the manner set
forth in the remedy section of the decision.
(f) Make whole unit employees for any loss of earnings
and other benefits suffered as a result of the unlawful uni-
lateral reduction of their wages and work time, in the man-
ner set forth in the remedy section of the decision.
(g) Compensate affected unit employees for the adverse
tax consequences, if any, of receiving a lump-sum back-
pay award, and file with the Regional Director for Region
21, within 21 days of the date the amount of backpay is
fixed, either by agreement or Board order, a report allocat-
ing the backpay awards to the appropriate calendar years
for each affected unit employee.
(h) Within 14 days from the date of this Order, remove
from its files any reference to the unlawful layoffs of the
36 unit employees, including Candler, Ricks, Garcia and
Alatorre, and within 3 days thereafter, notify the employ-
ees in writing that this has been done and that the layoffs
will not be used against them in any way.
(i) Preserve and, within 14 days of a request, or such
additional time as the Regional Director may allow for
good cause shown, provide at a reasonable place desig-
nated by the Board or its agents, all payroll records, social
security payment records, timecards, personnel records
and reports, and all other records, including an electronic
copy of such records if stored in electronic form, neces-
sary to analyze the amount of backpay due under the terms
of this Order.
(j) Within 14 days after service by the Region 21, post
at its Compton and Fontana, California facilities copies of
the attached notice marked “Appendix” in English and in
Spanish. Copies of the notice, on forms provided by the
Regional Director for Region 21, 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 phys-
ical posting of paper notices in English and Spanish, the
notices shall be distributed electronically, such as by
email, posting on an intranet or an internet site, and/or
other electronic means, if the Respondent customarily
communicates with its employees by such means. Rea-
sonable steps shall be taken by the Respondent to ensure
that the notices are not altered, defaced, or covered by any
other material. If the Respondent has gone out of business
or closed the facilities involved in these proceedings, the
Respondent shall duplicate and mail, at its own expense, a
copy of the notice in English and Spanish to all current
employees and former employees employed by the Re-
spondent at any time since March 8, 2019.
(k) Within 21 days after service by the Region, file with
the Regional Director for Region 21 a sworn certification
of a responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to com-
ply.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we vi-
olated Federal labor law and has ordered us to post and
obey this notice.
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 bene-
fit and protection
Choose not to engage in any of these protected ac-
tivities.
WE WILL NOT coercively interrogate you about your un-
ion activities, sympathies, or support.
WE WILL NOT engage in surveillance of your union or
other protected concerted activities.
WE WILL NOT lay you off because you have engaged in
protected concerted activities, such as discussing the com-
pany’s pay scale for the purposes of employees’ mutual
aid and protection or because you joined or supported
Teamsters Local 63 (the Union) or any other labor organ-
ization.
WE WILL NOT unilaterally change your terms and con-
ditions of employment, including making changes to your
wages and work time, because you have engaged in pro-
tected concerted activities or because you joined or sup-
ported the Union or any other labor organization.
WE WILL NOT fail and refuse to bargain with the Union
as the exclusive collective-bargaining representative of
our employees in the unit. The bargaining unit is:
Included: All full-time and regular part-time drivers em-
ployed by the Employer at its facilities currently located
at 927 South Santa Fe Avenue, Compton, California and
9421 Transportation Way, Fontana, California.
Excluded: All other employees, independent contractor
drivers who own their own vehicles they operate, office
clerical employees, professional employees, managerial
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD6
employees, guards, and supervisors as defined in the
Act.
WE WILL NOT refuse to bargain collectively with the Un-
ion by failing and refusing to furnish it with requested in-
formation that is relevant to and necessary for the Union’s
performance of its functions as the collective-bargaining
representative of our unit employees.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL, on request, bargain with the Union as your
exclusive collective-bargaining representative concerning
terms and conditions of employment and, if an under-
standing is reached, embody the understanding in a signed
agreement.
WE WILL furnish to the Union in a timely manner the
information it requested on May 13, 2019.
WE WILL rescind the unilateral changes to your terms
and conditions of employment, including the reductions to
your wages and work time, and restore the status quo that
previously existed.
WE WILL, within 14 days from the date of this Order,
offer the 36 employees we unlawfully laid off full rein-
statement to their former jobs or, if those jobs no longer
exist, to a substantially equivalent position, without prej-
udice to their seniority or any other rights or privileges
they previously enjoyed.
WE WILL make whole the 36 employees who we unlaw-
fully laid off, including Tyson Jay Chandler, Donald
Dupreist Ricks, Steven M. Garcia, and Mark Ruben
Alatorre, for any loss of earnings and other benefits result-
ing from our unlawful conduct, less any net earnings, plus
interest, plus reasonable search-for-work and interim em-
ployment expenses.
WE WILL make employees whole for any loss of earn-
ings and other benefits suffered as a result of our unlawful
unilateral reduction of their wages and work time.
WE WILL compensate affected employees for the ad-
verse tax consequences, if any, of receiving a lump-sum
backpay award, and WE WILL file with the Regional Direc-
tor for Region 21, within 21 days of the date the amount
of backpay is fixed, either by agreement or Board order, a
report allocating the backpay awards to the appropriate
calendar years for each affected unit employee.
WE WILL, within 14 days from the date of this Order,
remove from our files any reference to the unlawful layoff
of 36 employees, including Tyson Jay Chandler, Donald
Dupreist Ricks, Steven M. Garcia, and Mark Ruben
Alatorre, and WE WILL, within 3 days thereafter, notify the
employees in writing that this has been done and that the
layoffs will not be used against them in any way.
SELDAT, INC.
The Board’s decision can be found at
www.nlrb.gov/case/21-CA-240526 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.
SELDAT, INC. 7
Exhibit 1
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TEAMSTERS
LOCAL. UNION NO.. 63
Aaron Huntt
Vice-President
Seldat, Inc.
927 South Santa Fe Avenue
Compton, CA 90221
Via Email: aaron.hunttrieseldatin.com and U.S. Mail
Re: Bargaining Demand and Information Requests for Negotiations
Mr. Huntt:
As you know, Teamsters Local Union 63 (`Union." or "Local 63"), affiliated with
Intemational Brotherhood of Teamsters, was selected and is certified as representative by the
drivers working at or out of the 927 South Santa Fe Avenue, Compton, CA 90221 and 9421
Transportation Way, Fontana, CA 92335 facilities by the April 30, 2019 secret ballot election
conducted by the National Labor Relations Board in Case 21-RC-238050. On May 8, 2019 in
Case 21-RC-238050, the NLRB certified Local 63 as the exclusive collective bargaining
representative of this unit ("bargaining unit" or "unir). In its Certification Letter stating as
much, the NLRB notified Seldat of its obligation to bargain with Local 63 regarding this unit.
A copy of this letter was provided to counsel for Seldat and is included here for your records.
Teamsters Local 63 demands that Seldat, Inc. (`Seldat") meet and bargain regarding all
mandatory terms and conditions of employment in this bargaining unit. We further request
notice and bargaining with regard to any changes and/or modifications of wages, benefits and
working conditions of the bargaining unit employees in effect since May 9, 2019. Please
contact me to schedule a mutually agreed date, time and location to begin our negotiations
meetings.
Teamsters Local 63 demands bargaining regarding all discipline, discharges, or layoffs
issued to bargaining unit employees on and after, May 9, 2019. Teamsters Local 63 requests
that Seldat supervisors provide notice to Local Union representatives regarding any empioyee
interviews that may lead to discipline contemplated against any bargaining unit employee.
These requests are continuing.
Local 63 requests bargaining on the terms upon which Seldat will provide access for
authorized representatives of Teamsters Local 63 on the 927 South Santa Fe Avenue, Compton,
CA 90221 and 9421 Transportation Way, Fontana, CA 92335 properties where bargaining unit
employees are working for the purpose of representing such employees in interviews under the
Weingarten rule, representation during disciplinary procedures with Seldat supervisors and for
otherwise assuring that the current status quo terms and conditions of employment are being
observed pending our negotiations for a collective bargaining agreement. We also request
bargaining with Seldat with regard to an interim grievance and arbitration procedure so that
-f • • ;
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