Sun Cab, Inc. d/b/a Nellis Cab Company

National Labor Relations Board - Board Decisions

Sep 30, 2014

28-CA-106245 (N.L.R.B. Sep. 30, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SUN CAB, INC. d/b/a
NELLIS CAB COMPANY
and Case 28-CA-106245
FIKRESILASSIE WOLDEYES
DECISION AND ORDER
Statement of the Case
On June 25, 2014, Sun Cab, Inc. d/b/a Nellis Cab Company, (the Respondent),
Fikresilassie Woldeyes (the Charging Party), 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, as amended, 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.1
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business

1 Member Johnson notes that approval of this Formal Settlement Stipulation, which
memorializes the mutual agreement of all the parties, does not constitute a Board
finding regarding the appropriateness of an award of front pay in lieu of reinstatement.
2
The Respondent is a corporation with an office and place of business in Las
Vegas, Nevada (the Respondent’s facility), where it is engaged in the business of
providing taxicab services in the Las Vegas, Nevada metropolitan area.
In conducting its business operations in Las Vegas, Nevada, during the one-year
period ending May 30, 2013, the Respondent purchased and received goods at the
Respondent’s facility valued in excess of $50,000 directly from points outside the State
of Nevada and derived gross revenues in excess of $500,000.
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
Industrial, Technical and Professional Employees Union, Local 4873, affiliated
with Office and Professional Employees International Union, AFL-CIO (the Union) 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, as
amended, the National Labor Relations Board orders that the Respondent, Sun Cab,
Inc. d/b/a Nellis Cab Company, Las Vegas, Nevada, its officers, agents, successors,
and assigns, shall
1. Cease and desist from
(a) Coercively interrogating its employees about their union activities and
sympathies.
(b) Threatening its employees with discharge and blacklisting of hire from other
companies for their union sympathies.
(c) Threatening its employees with reduced pay and futility if its employees select
the Union as their bargaining representative.
(d) Discharging or refusing to reinstate any of its employees or in any other
manner discriminating in regard to hire or tenure of employment or any other term or
condition of employment, in order to discourage membership in Industrial, Technical
and Professional Employees Union, Local 4873, affiliated with Office and Professional
Employees International Union, AFL-CIO, or in any other labor organization.
(e) In any like or related manner interfering with, restraining or coercing its
employees in the exercise of their right to self organization, to form labor organizations,
to join or assist Industrial, Technical and Professional Employees Union, Local 4873,
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affiliated with Office and Professional Employees International Union, 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 14 days from the date of this Order, remove from the Respondent’s
files any reference to the discharge of Fikresilassie Woldeyes 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.
(b) Make whole the following employee, who has voluntarily waived his right to
reinstatement to his former job, for any loss of pay he may have suffered by reason of
the alleged discrimination against him by payment to him of the amounts set forth
opposite his name, making the appropriate wage withholdings on backpay and front pay
and no wage withholdings on interest, and compensate him for the adverse tax
consequences of receiving the lump-sum backpay award and submit the appropriate
documentation to the Social Security Administration so that when backpay is paid to
him, it will be allocated to the appropriate calendar quarters with no wage withholdings
on the excess tax portion of the monetary liability:
Fikresilassie Woldeyes $41,914.00 (Backpay)
10,000.00 (Front Pay)
753.00 (Excess Tax)
826.00 (Interest)
Total amount owed: $53,493.00
(c) Within 14 days of service by Region 28 of the National Labor Relations Board
(Region 28), post at its Las Vegas, Nevada facility copies of the attached notice marked
“Appendix A” in both English and the Ethiopian language of Amharic. Copies of the
Notices, 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. 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 notices to all current employees
and former employees employed by the Respondent at any time since March 1, 2013.
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(d) Within 21 days after service by the Region, file with the Regional Director of
Region 28 a sworn certificate 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., September 30, 2014.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Kent Y. Hirozawa, Member
___________________________________
Harry I. Johnson, III, 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
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 threaten you with discharge, loss of benefits, blacklisting, or unspecified
reprisals if you engage in activity with other employees regarding your wages, hours,
and working conditions, including participating in Habesha teleconferences to discuss
your working terms and conditions of employment or to discuss unionizing.
WE WILL NOT ask you about your union or protected concerted activities, including
participating in Habesha teleconferences to discuss your working terms and conditions
of employment and to discuss unionizing.
WE WILL NOT tell you that it would be futile for you to select the Industrial, Technical
and Professional Employees Union, Local 4873, affiliated with Office and Professional
Employees International Union, AFL-CIO (the Union), as your bargaining
representative.
WE WILL NOT attribute a loss of benefits, including pay, to your union or protected
concerted activities.
WE WILL NOT fire you because of your union membership or support for the Union.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL pay Fikresilassie Woldeyes, who has agreed that he does not want his job
back, for the wages and other benefits he lost because we fired him.
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WE WILL pay Fikresilassie Woldeyes for the adverse tax consequences, if any, of
receiving a lump-sum backpay award, and WE WILL file reports with the Social Security
Administration allocating the backpay award to the appropriate calendar quarters.
WE WILL remove from our files all references to the discharge of Fikresilassie
Woldeyes, 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.
SUN CAB, INC. d/b/a NELLIS CAB COMPANY
(Employer)
The Board’s decision can be found at www.nlrb.gov/case/28-CA-106245 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.