Temp-Tech Industries Inc.

National Labor Relations Board - Board Decisions

May 27, 2020

369 N.L.R.B. 89 (N.L.R.B. 2020)

369 NLRB No. 89
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Qawasmi Trading Inc. d/b/a Green Way Glass &
Mirror & Woodworking d/b/a Temp Tech Glass
and Green Way Glass & Mirror & Woodwork-
ing and Temp-Tech Industries, Inc. and Glaziers
Architectural Metal Workers Local 27. Cases
13‒CA‒226275 and 13‒CA‒228751
May 27, 2020
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS KAPLAN AND
EMANUEL
The General Counsel seeks a default judgment in this
case pursuant to the terms of an informal settlement
agreement. Upon a charge filed in Case 13‒CA‒226275
by the Glaziers Architectural Metal Workers Local 27
(the Union) against Temp-Tech Industries, Inc. (Re-
spondent Temp-Tech),1 and a charge and first amended
charge in Case 13‒CA‒228751 filed by the Union
against Green Way Glass & Mirror & Woodworking
(Respondent Green Way) and Qawasmi Trading Inc.
(Respondent Qawasmi Trading),2 respectively, the Gen-
eral Counsel issued an amended consolidated complaint
(the complaint) on February 6, 2019, alleging that the
Respondents violated Section 8(a)(5) and (1) of the Act.
On March 8, 2019, the Regional Director for Region
13 approved a bilateral informal settlement agreement
between Qawasmi Trading Inc. d/b/a Green Way Glass
& Mirror & Woodworking d/b/a Temp-Tech Glass and
the Union. Among other things, the settlement agree-
ment required the Respondents to: (1) post the Notice to
Employees for 60 consecutive days in places where no-
tices to employees are customarily posted; (2) make the
combined benefits funds whole for any loss of contribu-
tions or benefits, and for any expenses incurred in con-
nection with failing to make benefits contributions since
October 1, 2018, by payment to them the amount indi-
cated therein, within 14 days of the settlement agree-
ment’s approval;3 (3) make whole a named employee for
expenses incurred in connection with failing to provide
healthcare coverage since October 1, 2018, by payment
1 Charge 13‒CA‒226275 was filed on August 27, 2018.
2 Charge 13‒CA‒228751 was filed on October 9, 2018, and amend-
ed on January 11, 2019.
3 The combined funds identified in the settlement agreement includ-
ed the International Union of Painters and Allied Trades Industry Pen-
sion Fund, the Painters District Council No. 14 Illinois Political Com-
mittee, and the Painters and Allied Trades Labor Management Corpora-
tion Fund.
to him of the amount indicated therein, within 14 days of
the settlement agreement’s approval; (4) bargain with the
Union and put in writing and sign any agreement
reached; and (5) reinstate employees’ pension and other
combined benefits and reinstate the same or comparable
healthcare coverage for bargaining unit employees. The
settlement agreement also contained the following provi-
sion:
The Charged Party agrees that in case of non-
compliance with the terms of this Settlement Agree-
ment by the Charged Part, and after 14 days’ notice
from the Regional Director of the National Labor Rela-
tions Board of such non-compliance without remedy by
the Charged Party, the Regional Director will reissue
the complaint previously issued on January 19, 2019, in
the instant case(s). Thereafter, the General Counsel
may file a motion for default judgment with the Board
on the allegations of the complaint. The Charge Party
understands and agrees that the allegations of the
aforementioned complaint will be deemed admitted
and its Answer to such complaint will be considered
withdrawn. The only issue that may be raised before
the Board is whether the Charged Party defaulted on
the terms of this Settlement Agreement. The Board
may then, without necessity of trial or any other pro-
ceeding, find all allegations of the complaint to be true
and make findings of fact and conclusions of law con-
sistent with those allegations adverse to the Charged
Parties on all issues raised by the pleadings. The Board
may then issue an order providing a full remedy for the
violations found as is appropriate to remedy such viola-
tions. The parties further agree that a U.S. Court of
Appeals Judgment may be entered enforcing the Board
order ex parte, after service or attempted service upon
Charged Parties/Respondents at the last addresses pro-
vided to the General Counsel.
By letter dated March 11, 2019, the Region’s acting
compliance officer sent the Respondents a copy of the
conformed settlement agreement, with a cover letter ex-
plaining the remedial actions it was required to take in
order to comply. Thereafter, by email dated April 3,
2019, the acting compliance officer notified the Re-
spondents that they had failed to comply with any of the
terms of the settlement agreement and that unless com-
pliance was achieved within 14 days (by April 17), the
Regional Director would reissue the January 19, 2019,
complaint and may file a motion for default judgment
with the Board based on the allegations in the complaint.
The Respondents failed to respond or comply. Accord-
ingly, pursuant to the terms of the non-compliance provi-
sions of the settlement agreement, on April 29, 2019, the
Regional Director reissued the complaint.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
On February 27, 2020, the General Counsel filed a re-
newed motion for default judgment with the Board,4 re-
questing that the Board issue a Decision and Order
against the Respondents containing findings of fact and
conclusions of law based on the allegations in the reis-
sued complaint, and that the Board provide “a full reme-
dy for the violations found as is appropriate to remedy
such violation[s].” The General Counsel also requested
that the Respondents be required to “fulfill all of their
undertakings in the March 8, 2019, Settlement Agree-
ment.” On March 5, 2020, 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
Respondents filed no response. The allegations in the
motion are therefore undisputed.
Ruling on Motion for Default Judgment
According to the uncontroverted allegations in the mo-
tion for default judgment, the Respondents have failed to
comply with the terms of the settlement agreement.
Consequently, pursuant to the noncompliance provisions
of the settlement agreement set forth above, we find that
all of the allegations of the complaint are true.5 Accord-
ingly, 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 prior to October 5, 2018, the Re-
spondent Temp-Tech was a corporation with an office
and place of business in Chicago, Illinois and was en-
gaged in the manufacture and the nonretail sale of glass
products. Annually, Respondent Temp-Tech, in con-
ducting the business operations described above, pur-
chased and received at the Chicago facility goods valued
in excess of $50,000 directly from points outside the
State of Illinois.
At all material times since October 5, 2018, Respond-
ent Qawasmi Trading has been an Illinois corporation
with an office and place of business in Bridgeview, Illi-
nois (the Bridgeview facility) and has been engaged in
the manufacture and nonretail sale of glass products.
About October 5, 2018, Respondent Qawasmi Trading
4 The General Counsel previously filed a motion for default judg-
ment in this case on May 3, 2019. However, he subsequently learned
that Respondent Qawasmi Trading Inc. had not been properly served.
As a result, the General Counsel filed a motion requesting that the
motion for default judgment be withdrawn and that the case be remand-
ed to the Region, which was granted by the Board. After service on
Qawasmi Trading Inc. was properly effected, the motion for default
judgment was refiled on February 27, 2020.
5 See U-Bee, Ltd., 315 NLRB 667 (1994).
purchased the business of Respondent Temp-Tech and
since that time has continued to operate the business of
Respondent Temp-Tech in basically unchanged form,
and has employed as a majority of its employees individ-
uals who were previously employees of Respondent
Temp-Tech. Based on its operations described above,
Respondent Qawasmi Trading has continued as the em-
ploying agency and is a successor to Respondent Temp-
Tech. Based on projections since about October 5, 2018,
at which time Respondent Qawasmi Trading purchased
the business of Respondent Temp-Tech, Respondent
Qawasmi will annually purchase and receive at the
Bridgeview facility goods valued in excess of $50,000
directly from points outside the State of Illinois. At all
times since October 5, 2018, Respondent Qawasmi Trad-
ing has been an employer engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act.
At all material times since October 5, 2018, Respond-
ent Green Way Glass has been an Illinois corporation
with an office and place of business located at the
Bridgeview facility and has been engaged in the manu-
facture and nonretail sale of glass products. About Octo-
ber 5, 2018, Respondent Green Way Glass purchased the
business of Respondent Temp-Tech and since that time
has continued to operate the business of Respondent
Temp-Tech in basically unchanged form, and has em-
ployed as a majority of its employees individuals who
were previously employees of Respondent Temp-Tech.
Based on its operations described above, Respondent
Green Way Glass has continued as the employing agency
and is a successor to Respondent Temp-Tech. Based on
projections since about October 5, 2018, at which time
Respondent Green Way Glass purchased the business of
Respondent Temp-Tech, Respondent Green Way Glass
will annually purchase and receive at the Bridgeview
facility goods valued in excess of $50,000 directly from
points outside the State of Illinois. At all times since
October 5, 2018, Respondent Green Way Glass has been
an employer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act.
We find that the Respondents are employers engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act, and that the Glaziers Architectural Metal
Workers Local 27 (the Union) has been a labor organiza-
tion within the meaning of Section 5 of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
1. At all material times, the following individuals held
the positions set forth opposite their names and were
supervisors of Respondent Temp-Tech within the mean-
ing of Section 2(11) of the Act and agents of Respondent
Temp-Tech within the meaning of Section 2(13) of the
Act:
QAWASMI TRADING INC. D/B/A GREEN WAY GLASS & MIRROR & WOODWORKING 3
Guy Decker ‒ Owner
Roger Mentzer ‒ Owner
2. At all material times, the following individuals held
the positions set forth opposite their names and were
supervisors of Respondent Qawasmi Trading within the
meaning of Section 2(11) of the Act and agency of Re-
spondent Qawasmi Trading within the meaning of Sec-
tion 2(13) of the Act:
Hamzeh El-Qawasmi ‒ Owner and Manager
Jamal El-Qawasmi ‒ Owner
3. At all material times, the following individuals held
the positions set forth opposite their names and were
supervisors of Respondent Green Way Glass within the
meaning of Section 2(11) of the Act and agents of Re-
spondent Green Way Glass within the meaning of Sec-
tion 2(13) of the Act.
Hamzeh El-Qawasmi ‒ Owner and Manager
Jamal El-Qawasmi ‒ Owner
4. About October 5, 2018, Respondents Qawasmi
Trading and Green Way Glass, by Hamzeh El-Qawasmi,
at the Bridgeview facility, told employees that the Re-
spondents were not union and were not going to be union
anymore, informed employees that it would be futile for
them to select the Union as their representative, and
threatened employees with discharge because of their
union or protected concerted activities.
5. The following employees of Respondents Temp-
Tech, Qawasmi Trading and Green Way Glass (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:
All full-time and regular part-time productions and
maintenance employees employed at the Bridgeview
facility, excluding all other employees, professional
employees, clerical employees, confidential employees,
and guards and supervisors as defined in the Act.
6. At all material times prior to October 5, 2018,
based on Section 9(a) of the Act, the Union was the ex-
clusive collective-bargaining representative of the unit
employed by Respondent Temp-Tech and during that
time Temp-Tech had recognized the Charging Party as
the employees’ exclusive representative. This recogni-
tion was embodied in a number of collective-bargaining
agreements, the most recent of which was effective from
April 1, 2017, to March 31, 2018.
(a) Based on Section 9(a) of the Act, from at least
April 1, 2017, to October 5, 2018, the Union was the
exclusive collective-bargaining representative of Re-
spondent Temp-Tech’s unit employees.
(b) Based on these facts, at all times since about Oc-
tober 5, 2018, the Union has been the exclusive collec-
tive-bargaining representative of the unit employees.
(c) Based on Section 9(a) of the Act, at all times since
about October 5, 2018, the Union has been the exclusive
collective-bargaining representative of Respondent
Qawasmi Trading’s and Respondent Green Way Glass’
unit employees.
7. About July 17, 2018, the Union and Respondent
Temp-Tech reached complete agreement on the unit’s
terms and conditions of employment to be incorporated
into a collective-bargaining agreement.
(a) Since about August 1, 2018, the Union has re-
quested that Temp-Tech execute a written collective-
bargaining agreement containing the terms and condi-
tions of employment that Temp-Tech and the Union
agreed to.
(b) Since about August 20, 2018, Respondent Temp-
Tech has failed and refused orally and in writing to exe-
cute such an agreement.
8. On about October 5, 2018, Respondents Qawasmi
Trading and Green Way Glass ceased making pension
contributions on behalf of unit employees and cancelled
employees’ health insurance in about November 2018.
(a) The subjects set forth above relate to wages, hours,
and other terms and conditions of employment and are
mandatory subjects for purposes of collective bargaining.
(b) Respondents Qawasmi Trading and Green Way
Glass engaged in the conduct described above without
prior notice to the Union and without affording the Un-
ion an opportunity to bargain with them with respect to
this conduct.
9. About October 8, 2018, the Union, by its business
agent Steve Mabus, orally requested that Respondents
Qawasmi Trading and Green Way Glass recognize the
Union as the exclusive collective-bargaining representa-
tive of the unit and bargain collectively with the Union as
the exclusive collective-bargaining representative of the
unit.
(a) About October 17, 2018, the Union, by letter, re-
quested that Respondents Qawasmi Trading and Green
Way Glass recognize the Union as the exclusive collec-
tive-bargaining representative of the unit and bargain
collectively with the Union as the exclusive collective-
bargaining representative of the unit.
(b) Since about October 8, 2018, Respondents
Qawasmi Trading and Green Way Glass have failed and
refused to recognize and bargain with the Union as the
exclusive collective-bargaining representative of the unit.
CONCLUSIONS OF LAW
By the conduct described above in paragraph 4, Re-
spondents Qawasmi Trading and Green Way Glass have
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
been interfering with, restraining and coercing employees
in the exercise of the rights guaranteed in Section 7 of
the Act, in violation of Section 8(a)(1) of the Act.
By the conduct described in paragraph 7, Respondent
Temp-Tech has been failing and refusing to bargain col-
lectively and in good faith with the exclusive collective-
bargaining representative of its employees in violation of
Section 8(a)(5) and (1) of the Act.
By the conduct described above in paragraphs 8 and 9,
Respondents Qawasmi Trading and Green Way Glass
have been failing and refusing to bargain collectively and
in good faith with the exclusive collective-bargaining
representative of their employees in violation of Section
8(a)(5) and (1) of the Act.
The unfair labor practices of Respondents Temp-Tech,
Green Way Glass and Qawasmi Trading, described
above, affect commerce within the meaning of Section
2(6) and (7) of the Act.
REMEDY
Having found that the Respondents Temp-Tech,
Qawasmi Trading, and Green Way Glass have engaged
in certain unfair labor practices, and in accordance with
the General Counsel’s request for a “full remedy” for the
violations found, we shall order them to take certain af-
firmative actions designed to effectuate the policies of
the Act, as requested by the General Counsel.6
Specifically, having found that the Respondents
Qawasmi Trading and Green Way Glass violated Section
8(a)(1) of the Act by telling employees that they were not
union and were not going to be union anymore; inform-
ing employees that it would be futile for them to select
6 As set forth above, the settlement agreement provided that, in the
event of noncompliance, the Board could “issue an Order providing a
full remedy for the violations found as is appropriate to remedy such
violations.” In his motion for default judgment, the General Counsel
requests that the Board “[i]ssue a Decision and Order against [the Re-
spondents] containing findings of fact and conclusions of law based on,
and in accordance with, the allegations of the Consolidated Complaint,
and provide a full remedy for the unfair labor practices alleged.” In
addition, the General Counsel requests that that the Board issue an
order “requiring [the Respondents] to fulfill all of their undertakings in
the March 8, 2019, Settlement Agreement.”
We note that in settlement breach cases, the Board will either grant a
full remedy on the complaint allegations or enforce the unmet provi-
sions of the settlement, but will not provide both remedies. Here, alt-
hough the General Counsel’s motion is not clear as to which relief it is
requesting, we construe its language and particularly its request for a
remedy in addition to the settlement provisions as requesting full reme-
dies for the violations found, rather than seeking compliance with the
settlement agreement, and we shall order those remedies. See Thermi-
co, Inc., 364 NLRB No. 135, slip op. at 3 fn. 4 (2016); L.J. Logistics,
Inc., 339 NLRB 729, 730‒731 (2003). Further, because it is unclear
whether the amounts set forth in the settlement agreement constitute a
full make-whole remedy, we leave to compliance a determination of the
amount due the unit employees and the Union.
the Union as their representative; and threatening em-
ployees with discharge because of their union or protect-
ed concerted activities, we shall order the Respondents to
cease and desist from such conduct and to post a remedi-
al notice.
Having further found that Respondent Temp-Tech vio-
lated Section 8(a)(5) and (1) by failing and refusing to
execute a collective-bargaining agreement containing the
terms and conditions of employment agreed to by Temp-
Tech and the Union, we shall order Respondents
Qawasmi Trading and Green Way Glass to execute such
an agreement.
Having found that Respondents Qawasmi Trading and
Green Way Glass violated Section 8(a)(5) and (1) since
about August 20, 2018, by failing and refusing to recog-
nize the Union as the exclusive collective-bargaining
representative of the unit employees with respect to wag-
es, hours, benefits, and other terms and conditions of
employment, we shall order the Respondents to recog-
nize the Union and abide by the collective-bargaining
agreement as set forth above.
Finally, having found that Respondents Qawasmi
Trading and Green Way Glass violated Section 8(a)(5)
and (1) by unilaterally changing the terms and conditions
of employment of their unit employees, including by
ceasing pension fund contributions on behalf of unit em-
ployees since about October 5, 2018, and cancelling their
health insurance since about November 2018, we shall
order the Respondents to rescind the changes and retro-
actively restore the status quo. In addition, we shall or-
der the Respondents, jointly and severally, to make the
contractually-required pension fund contributions that
have not been made since October 5, 2018, including any
additional amounts due the pension funds on behalf of
the unit employees and in accordance with Merryweather
Optical Co., 240 NLRB 1213, 1216 fn. 7 (1979). The
Respondents, jointly and severally, shall also reimburse
unit employees for any expenses ensuing from their fail-
ure to make the required pension fund contributions and
for their failure to maintain health insurance for their
employees, as set forth in Kraft Plumbing & Heating,
252 NLRB 891, 891 fn. 2 (1980), enfd. mem. 661 F.2d
940 (9th Cir. 1981), such amounts to be computed in the
manner set forth in Ogle Protection Service, supra, with
interest as prescribed in New Horizons, supra, and Ken-
tucky River Medical Center, supra.7
7 To the extent that an employee has made personal contributions to
the pension fund that were accepted by the fund in lieu of the Respond-
ents’ delinquent contributions during the period of delinquency, the
Respondents will reimburse the employees, but the amount of such
reimbursement will constitute a setoff to the amount the Respondents
otherwise owe the fund.
QAWASMI TRADING INC. D/B/A GREEN WAY GLASS & MIRROR & WOODWORKING 5
ORDER
The National Labor Relations Board orders that the
Respondents Temp-Tech, Qawasmi Trading, and Green
Way Glass, Bridgeview, Illinois, their officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Coercing employees by telling them that the Re-
spondents were not union and were not going to be union
anymore.
(b) Threatening employees that it would be futile to
select the Union as their bargaining representative.
(c) Threatening employees with discharge because of
their union or protected concerted activities.
(d) Failing and refusing to recognize and bargain col-
lectively and in good faith with the Glaziers Architectur-
al Metal Workers Local 27 as the exclusive collective-
bargaining representative of employees in the unit. The
unit is:
All full-time and regular part-time productions and
maintenance employees employed at the Bridgeview
facility, excluding all other employees, professional
employees, clerical employees, confidential employees,
and guards and supervisors as defined in the Act.
(e) Failing and refusing to recognize and bargain col-
lectively with the Union by refusing to execute a collec-
tive-bargaining agreement containing the terms and con-
ditions of employment of unit employees that Temp-
Tech and the Union agreed to.
(f) Unilaterally changing the terms and conditions of
employment of the unit employees by cancelling em-
ployees’ health insurance and failing and refusing to
make pension fund contributions on their behalf.
(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
appropriate bargaining unit concerning their terms and
conditions of employment by executing a collective-
bargaining agreement containing the terms and condi-
tions of employment of unit employees that Temp-Tech
and the Union agreed to.
(b) Rescind the unilateral changes to the terms and
conditions of employment of the unit employees, restore
the employees’ health insurance, and make all required
contributions to the pension fund that have not been
made since October 5, 2018, in the manner set forth in
the remedy section of this decision.
(c) Make unit employees whole for any expenses en-
suing from Respondents’ cancellation of employees’
health insurance in November 2018, and their failure to
make contributions to the pension fund since October 5,
2018, in the manner set forth in the remedy section of
this decision.
(d) Post at its Bridgeview, Illinois facility copies of
the attached notice marked “Appendix.”8 Copies of the
notice, on forms provided by the Regional Director for
Region 13, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Respond-
ent and maintained for 60 consecutive days in conspicu-
ous places, including all places where notices to employ-
ees are customarily posted. In addition to physical post-
ing of paper notices, notices shall be distributed electron-
ically, such as by email, posting on an intranet or an in-
ternet site, and/or other electronic means, if the Respond-
ent customarily communicates with its employees by
such means. The Respondent shall take reasonable steps
to ensure that the notices are not altered, defaced, or cov-
ered by any other material. If 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 notice to all current em-
ployees and former employees employed by the Re-
spondent at any time since.
(f) Within 21 days after service by the Region, file
with the Regional Director for Region 13 a sworn certifi-
cation 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. May 27, 2020
______________________________________
John F. Ring, Chairman
8 If the facility involved in these proceedings is open and staffed by
a substantial complement of employees, the notices must be posted
within 14 days after service by the Region. If the facility involved in
these proceedings is closed due to the Coronavirus Disease 2019
(COVID-19) pandemic, the notices must be posted within 14 days after
the facility reopens and a substantial complement of employees have
returned to work, and the notices may not be posted until a substantial
complement of employees have returned to work. Any delay in the
physical posting of paper notices also applies to the electronic distribu-
tion of the notice if the Respondent customarily communicates with its
employees by electronic means. If this Order is enforced by a judg-
ment of a United States court of appeals, the words in the notice read-
ing “Posted by Order of the National Labor Relations Board” shall read
“Posted Pursuant to a Judgment of the United States Court of Appeals
Enforcing an Order of the National Labor Relations Board.”
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD6
______________________________________
Marvin E. Kaplan, Member
________________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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
violated 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
activities.
WE WILL NOT coerce you by telling you that we were
not union and were not going to be union anymore.
WE WILL NOT threaten you that it would be futile to se-
lect the Union as your bargaining representative.
WE WILL NOT threaten you with discharge because of
your union or protected concerted activities.
WE WILL NOT fail and refuse to recognize and bargain
collectively and in good faith with the Union by refusing
to execute a collective-bargaining agreement containing
your terms and conditions of employment that Temp-
Tech and the Union agreed to.
WE WILL NOT fail and refuse to recognize and bargain
collectively with the Union as the exclusive collective-
bargaining representative of our employees in the follow-
ing appropriate unit:
All full-time and regular part-time productions and
maintenance employees employed at the Bridgeview
facility, excluding all other employees, professional
employees, clerical employees, confidential employees,
and guards and supervisors as defined in the Act.
WE WILL NOT unilaterally change your terms and con-
ditions of employment by cancelling your health insur-
ance and failing and refusing to make contributions to
the pension fund on your behalf.
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 recognize and bargain with the Union as the
exclusive representative of our employees in the above-
described unit by executing a collective-bargaining
agreement containing the terms and conditions of em-
ployment that Temp-Tech and the Union agreed to.
WE WILL rescind the unilateral changes to your terms
and conditions of employment by restoring your health
insurance and making all required contributions to the
pension fund that we have failed to make since October
5, 2018.
WE WILL make you whole, plus interest, for any losses
caused by our failure to maintain your health insurance
and to make contributions to the pension fund since Oc-
tober 5, 2018.
The Board’s decision can be found at
www.nlrb.gov/case/13-CA-226275 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.