Frontier Florida, LLC

National Labor Relations Board - Unpublished Board Decisions

Nov 27, 2019

12-CA-215545 (N.L.R.B. Nov. 27, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FRONTIER FLORIDA, LLC
and Cases 12-CA-215545
12-CA-221105
INTERNATIONAL BROTHERHOOD OF ELECTRICAL 12-CA-223631
WORKERS, LOCAL 824, AFL-CIO
DECISION AND ORDER
Statement of the Cases
On March 11, 2019, Frontier Florida, LLC (the Respondent), International
Brotherhood of Electrical Workers, Local 824, AFL-CIO (the Union or Charging Party),
and the General Counsel of the National Labor Relations Board entered into a Formal
Settlement Stipulation, subject to Board 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 Respondent waived all further and other proceedings before the Board to
which it may be entitled under the National Labor Relations Act (the 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
The Respondent is Delaware corporation with a principal office and place of
business in Norwalk, Connecticut, and with an office and place of business located at
610 E. Zack Street in Tampa, Florida, the only facility involved in this matter, where it
has been engaged in the business of providing telecommunication products and
services, including internet, television, and telephone services to business and
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residential customers. In conducting its business operations during the 12-month period
preceding the issuance of the Second Consolidated complaint, the Respondent derived
gross revenues in excess of $100,000, and purchased and received at its Tampa,
Florida facility goods valued in excess of $50,000 directly from points outside the State
of Florida. 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 status
At all material times, the Union has been a labor organization within the meaning
of Section 2(5) of the Act.
3. The bargaining unit
The following employees of the Respondent (the unit) constitute a unit
appropriate for the purposes of collective-bargaining within the meaning of Section 9(b)
of the Act:
All employees of [the] Respondent in the job classifications set forth in Appendix
III of the collective-bargaining agreement between [the] Respondent and the
Union, excluding all personnel as defined in Section 2(11) of the Labor
Management Relations Act of 1947, as amended, and, in addition, all guards,
watchmen, and personnel performing confidential duties for the Respondent.
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, Frontier Florida, LLC, Tampa, Florida, its officers, agents,
successors, and assigns, shall at its 610 E. Zack Street facility:
1. Cease and desist from:
(a) Failing or refusing to bargain collectively in good faith with the Union by
failing to provide, or by unduly delaying in providing, requested information that is
relevant and necessary to its role as the exclusive collective-bargaining representative
of the employees in the unit.

(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of rights guaranteed in Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
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(a) Timely provide the Union with information it requests that is relevant and
necessary to its role as the exclusive collective-bargaining representative of the
employees in the unit.
(b) Within 14 days from the date of the Board’s Order, provide the Union with the
following information and inform the Union which items, if any, of the following do not
exist:
1. For the time period from April 1, 2016 through December 31, 2016,
the number of units sold by Sykes, and the number of those units that
were Florida units.
2. For the time period from April l, 2016 through December 31,
2016, the number of units sold by IBEX, and the number of
those units that were Florida units.
3. For the time period from April l, 2016 through December 31,
2016, the number of units sold byClearlink, and the number of
those units thatwere Florida units.
4. For the time period from April 1, 2016 through December 31,
2016, the number of units sold in the Tampa Res Center located
at 610 E. Zack Street in Tampa, and the number of those units
that were Florida units.
5. For the time period from April1, 2016 through the end of the
contract, the number of units sold by One Touch Direct, and
the number of those units that were Florida units.
6. The number of agents that were taking sales and service calls in
the Tampa Res Center on April 1,2016.
7. For the time period from April 1, 2016 through December 31,
2017, of the number of units sold by Deland, Red Ventures,
IBEX, Sykes, One Touch Direct, and Clearlink: a breakdown
each month showing how many units were (a) voice, (b) video,
(c) data, (d) F-secure, (e) rental equipment, (f) premium
channels, (g) CPE (customer purchased equipment, i.e.,
phones, laptops, NEST products, tablets, Google hub), (h)
DISH, (i) LD pics & LD plans, and (j) Inside Wire Maintenance
Plans.
8. The dollar value for each type of unit described above in item 7,
by month.
9. Indicate if the unit sold was new or an upgrade.
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10. A list of specific job functions that were offshored beginning in
January 2017.
11. From the specific job functions requested in item 10, list the job
titles within the bargaining unit that were performing the same or
similar job functions.
12. The names of bargaining unit employees within the following job
titles on April 1, 2016, January 1,2017, and January 1, 2018:
Customer Service Sales Associate, Consumer Sales Consultant,
and Account Associate.
13. The number of CZTII techs who have performed any FIOS
related service orders or trouble tickets in 2017. Please provide
the number of CZTII techs per division.
14. The number of Cable Splicer techs who have performed any FIOS
related service orders or trouble tickets in 2017. Please provide the
number of Cable Splicer techs per division.
15. The number of CZTII techs who have performed any FIOS related
service orders or trouble tickets in 2018. Please provide the
number of CZTII techs per division.
16. The number of Cable Splicer techs ho have performed any FIOS
related service orders or trouble tickets in 2018. Please provide
the number of Cable Splicer techs per division.
17. The number of FIOS trained technicians the Respondent has in
the Cable Splicer classification. Please provide the breakdown by
division.
18. The number of FIOS trained technicians the Respondent has in
the CZTII classification. Please provide the breakdown by
division.
(c) Within 14 days of service by the Region, post at its 610 E. Zack Street
Tampa, Florida facility, copies of the attached notice marked “Appendix A.” Copies of
the notice, on forms provided by Region 12, after being signed and dated 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 addition to the physical posting of paper notices, the attached notice marked
“Appendix A,” after being signed and dated by the Respondent's authorized
representative, shall be emailed to its employees employed at its facility located at 610
E. Zack Street, Tampa, Florida. The message of the email transmitted with the Notice
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will only state, "We are distributing the attached Notice to Employees to you pursuant to
a Settlement Agreement approved by the Regional Director of Region 12 of the National
Labor Relations Board in Cases 12-CA-215545, 12-CA-221105 and 12-CA-223631."
The Respondent will electronically file a copy of that email with all recipients’ email
addresses with the Regional Director of Region 12 by going to www.nlrb.gov and
following the detailed instructions. In addition, Respondent shall distribute copies of the
attached notice marked "Appendix A," after being signed and dated by the
Respondent's authorized representative, to all supervisors and managers of the
Respondent who are employed by the Respondent at its facility located at 610 E. Zack
Street, Tampa, Florida.
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, copies of the notice to all
current employees and former employees employed by the Respondent at any time
since April 4, 2018.
(d) Within 21 days after service of this order by the Region, file with the Regional
Director a sworn certification by a responsible official attesting to the steps that the
Respondent has taken to comply.
Dated, Washington, D.C., November 27, 2019.
___________________________________
John F. Ring, Chairman
___________________________________
Lauren McFerran, Member
___________________________________
Marvin E. Kaplan, 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 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 fail or refuse to bargain collectively in good faith with International
Brotherhood of Electrical Workers, Local 824, AFL-CIO (the Union) by failing or refusing
to provide, or unreasonably delaying in providing, the Union with requested information
that is relevant and necessary to its role as the exclusive collective-bargaining
representative of our employees in the following unit:
All employees of Frontier Florida, LLC (the Employer) in the job classifications
set forth in Appendix III of the collective-bargaining agreement between the
Employer and the Union, excluding all personnel as defined in Section 2(11) of
the Labor Management Relations Act of 1947, as amended, and, in addition, all
guards, watchmen, and personnel performing confidential duties for the
Employer.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of your above-stated rights under Section 7 of the Act.
WE WILL timely provide the Union with the information it requests that is relevant and
necessary to its role as the exclusive collective-bargaining representative of our
employees in the above unit.
WE WILL provide the Union with the information it requested on January 4, January 10,
and April 25, 2018, to the extent that we have not already done so.
FRONTIER FLORIDA, LLC
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The Board’s decision can be found at www.nlrb.gov/case/12-CA-215545 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.