TAYLOR MOTORS, INC.

National Labor Relations Board - Board Decisions

Jul 1, 2014

10-CA-105174 (N.L.R.B. Jul. 1, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TAYLOR MOTORS, INC.
and Case 10-CA-105174
UNITE HERE LOCAL 23
INTERNATIONAL UNION
DECISION AND ORDER
Statement of the Case
On March 17, 2014, Taylor Motors, Inc. (the Respondent), UNITE HERE Local
23 International Union (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, 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.
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 and has been at all times material herein, a Kentucky
corporation engaged in the transportation of school age children to schools operated on
United States military bases, including Fort Benning, Georgia (Fort Benning), the sole
facility involved herein, pursuant to contracts with the United States Department of
Defense. In conducting its operations during the 12-month period immediately
preceding issuance of the complaint, the Respondent provided transportation services
to the United States valued in excess of $50,000. In conducting its operations during
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the period of time described above, the Respondent purchased goods and materials
valued in excess of $5,000 directly from points located outside the State of Georgia.
Based on its operations described above, the Respondent has a substantial impact on
the national defense of the United States.
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 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, Taylor Motors, Inc., Fort Benning, Georgia, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
(a) Soliciting employee complaints and grievances and expressly or impliedly
promising its employees improved terms and conditions of employment or unspecified
improved terms and conditions of employment, if employees refrained from supporting
the Union and from engaging in Union organizational activities.
(b) Misrepresenting to employees the extent to which their right to bring issues
and complaints to management would be limited if they chose the Union as their
collective-bargaining representative and thus impliedly threatening a loss of benefits.
(c) In any other 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) Within 14 days of service by the Region, post at the Respondent's facility at
Fort Benning copies of the attached notice marked “Appendix A.” Copies of the Notice,
on forms provided by the Regional Director for Region 10, after being signed by the
Respondent's authorized representative(s), 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
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material. In the event that, during the pendency of these proceedings, 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 applicable
notice(s) to all current employees and former employees employed by the Respondent
at any time since April 1, 2013.
(b) Within 14 days of posting of the notice marked “Appendix A,” the Respondent
shall schedule a meeting during working time to ensure the widest possible attendance
of the Respondent's employees at Fort Benning, at which the Respondent's Owner,
Peggy Taylor, shall read the notice marked “Appendix A” to the employees in the
presence of a Board agent.1
(c) The Respondent shall promptly send to each of its employees a copy of the
notice marked “Appendix A” by regular mail to their last known home addresses.
(d) Within 21 days after service by the Region, file with the Regional Director 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., July 1, 2014
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Philip A. Miscimarra, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

1 The parties have stipulated and agreed that a Union representative may listen to the
reading of the notice by speakerphone set up by the Respondent within easily audible
range so that the Union representative is able to clearly hear the reading. However, the
Respondent may reduce the volume of the speakerphone to mute any incoming sound.
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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 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.
In accordance with the above, we give you our assurances that:
WE WILL NOT do anything to prevent you from exercising the above rights.
WE WILL NOT promise you better benefits to discourage you from supporting a union.
WE WILL NOT ask you about your complaints and grievances and imply that we will fix
them in order to discourage you from supporting a union.
YOU HAVE THE RIGHT to freely bring issues and complaints to us on behalf of
yourself and other employees and WE WILL NOT do anything to interfere with your
exercise of that right.
WE WILL NOT misrepresent to you to the extent to which your right to bring employee
concerns to management would be limited if you choose the Union as your collective-
bargaining representative, NOR WILL WE so impliedly threaten a loss of benefits.
WE WILL NOT in any other manner interfere with, restrain, or coerce you in the
exercise of your rights under Section 7 of the National Labor Relations Act.
TAYLOR MOTORS, INC.