Contractor Violates Stewards Protected Rights Under NLRB

Local157.blogspot, would like to congratulate shop steward Alberto Bonilla for standing up for his protected rights under federal law. This case was brought to my attention and is a must read for all shop stewards.

The case was tried in New York City, before the National Labor Relations Board, on four days between March 17 and April 26, 2010 and decided on September 7, by Eleanor MacDonald, Administrative Law Judge.

The Complaint alleges that Respondent (R & J Construction), in violation of Section 8(a)(1) and (3) of the Act, subjected shop steward Alberto Bonilla to closer supervision and discharged Bonilla because he engaged in activities on behalf of the New York City District Council of Carpenters.

Conclusions of Law

1. By subjecting Alberto Bonilla to closer supervision and by discharging Alberto Bonilla because he engaged in Union activities in support of New York City District Council of Carpenters, Respondent violated Section 8(a)(1) and (3) of the Act.

2. By Interviewing employees in preparation for an unfair labor practice proceeding without advising them of the purpose of the interview, without advising them that their participation was voluntary and giving them assurances that no reprisals would ensue, Respondent violated Section 8(a)(1) of the Act.

3. By asking an employee for a copy of his affidavit without advising him that no reprisals would ensue if he failed to turn over this affidavit or as a result of the contents of the affidavit, Respondent violated Section 8(a)(1) of the Act.

On these findings of fact and conclusions of law and on the entire record, I issue the following recommended

ORDER

The Respondent, R & J Construction, 4435 Austin Boulevard, Island Park, New York, its officers, agents, successors, and assigns, shall

1. Cease and desist from

(a) Subjecting employees to closer supervision and discharging employees because they support New York City District Council of Carpenters or any other union.

(b) Interviewing employees in preparation for an unfair labor practice proceeding without advising them of the purpose of the interview, without advising them their participation is voluntary and giving them assurances that no reprisals will ensue.

(c) Asking employees for a copy of their affidavit without advising them that no reprisals will ensue for failure to turn over the affidavit or as a result of the contents of the affidavit.

(d) In any like or related 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 from the date of the Board’s Order, offer Alberto Bonilla full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed.

(b) Make Alberto Bonilla whole for any loss of earnings and other benefits suffered as a result of the discrimination against him in the manner set forth in the remedy section of the decision.

(c) Within 14 days from the date of the Board’s Order, remove from its files any reference to the unlawful discharge, and within 3 days thereafter notify the employee in writing that this has been done and that the discharge will not be used against him in any way.

(d) 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 designated 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, necessary to analyze the amount of backpay due under the terms of this Order.

(e) Within 14 days after service by the Region, post at its facility in Island Park, New York, copies of the attached notice marked “Appendix.”8 Copies of the notice, on forms provided by the Regional Director for Region 2, 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. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material.

(f) Within 14 days after service by the Region, mail copies of the attached notice marked Appendix, at its own expense, to all employees in the carpenters unit who were employed by the Respondent at its 400 West 12th Street, New York City job site at any time from March 2009 until the completion of these employees’ work at that jobsite. The notice shall be mailed to the last known address of each of the employees after being signed by the Respondent’s authorized representative.

(g) 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.
JD-NY-35-10