C. J. Rogers Transfer

National Labor Relations Board - Board Decisions

Dec 31, 1990

300 N.L.R.B. 1095 (N.L.R.B. 1990)

1095
300 NLRB No. 148
C. J. ROGERS TRANSFER
1 We correct Conclusion of Law 11 to state that Leoni Sand & Gravel di-
rected an employee to ascertain and divulge the unit drivers’ sympathies to-
ward Teamsters Local 614 rather than Teamsters Local 332.
C.J.R. Transfer, Inc., a/k/a C. J. Rogers Transfer,
Inc., and its alter egos, Leoni Sand & Gravel
Co. and W.P.M., Inc. and Local 247, Inter-
national Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America,
AFL–CIO Local 322, International Bro-
therhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, AFL–CIO,
Party in Interest. Cases 7–CA–28779, 7–CA–
29751, 7–CA–29753(1), and 7–CA–29753(2)
December 31, 1990
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND DEVANEY
On August 31, 1990, Administrative Law Judge
Marion C. Ladwig issued the attached decision. The
Respondent filed exceptions and a supporting brief and
the General Counsel filed an answering brief.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
The Board has considered the decision and the
record in light of the exceptions and brief and has de-
cided to affirm the judge’s rulings, findings, and con-
clusions 1 and to adopt the recommended Order.
ORDER
The National Labor Relations Board adopts the rec-
ommended Order of the administrative law judge and
orders that the Respondents, C.J.R. Transfer, Inc., a/k/a
C. J. Rogers Transfer, Inc., Melvindale and Flint,
Michigan, and its alter egos, Leoni Sand & Gravel Co.
and W.P.M., Inc., their officers, agents, successors, and
assigns, shall take the action set forth in the Order.
Richard Whiteman, Esq., for the General Counsel.
Robert J. Solner, Esq., of Birmingham, Michigan, and Ga-
briel D. Hall, Esq., of Southgate, Michigan, for the Re-
spondents.
John R. Canzano, Esq., of Southfield, Michigan, for the
Charging Party.
DECISION
STATEMENT OF THE CASE
MARION C. LADWIG, Administrative Law Judge. This con-
solidated case was tried in Detroit, Michigan, on February 1,
March 1–2, and May 21, 1990. The charge in Case 7–CA–
28779 was filed against C.J.R. Transfer, Inc. a/k/a C.J. Rog-
ers Transfer, Inc. (Transfer) by Teamsters Local 247 on Jan-
uary 9 and amended February 14, 1989. A complaint was
issued February 15 and amended December 5, 1989, and at
the trial. The charges in Cases 7–CA–29751 and 7–CA–
29753 were filed against Transfer, Leoni Sand & Gravel Co.
(Leoni Sand), and W.P.M., Inc. (WPM) on October 5 and
amended October 17, 1989. A consolidated complaint was
issued December 1, 1989, and amended at the trial, and a
second order consolidating cases was issued January 25,
1990.
In May 1986 Transfer signed a 5-year prehire agreement
with the Teamsters Flint Local 332. In August 1987, after
Local 247 filed a representation petition, Transfer moved its
sand and gravel trucks at its Melvindale facility (in Local
247’s Detroit jurisdiction) to its smaller facility in Flint (in
Local 332’s jurisdiction) for 9 weeks. Local 247 lost the No-
vember 13, 1987 election and filed objections and a charge
against Transfer.
On April 21, 1989, Administrative Law Judge Jacobs
found in the earlier case that Transfer had illegally supported
Local 332, transferred its Melvindale drivers to the Flint fa-
cility ‘‘to avoid having to bargain with Local 247,’’ and en-
gaged in ‘‘extensive and pervasive’’ coercive conduct, re-
quiring a bargaining order. On September 30, 1989, while
the judge’s decision was pending before the Board, Transfer
again moved the Melvindale trucks into Local 332’s jurisdic-
tion.
Transfer this time terminated all 27 unit drivers at the
Melvindale and Flint facilities and ceased operations. The
trucks were leased to two other companies, owned and oper-
ated by the Leoni family. These companies, Leoni Sand and
WPM—evidently to avoid dealing with Local 247—hired 31
drivers, only 15 of whom (less than a majority) were dis-
charged Transfer drivers.
The Board in the earlier case, C.J.R. Transfer., 298 NLRB
579 (1990), affirmed Judge Jacobs’ findings and conclusions
as modified. It ordered Transfer to (1) cease recognizing and
bargaining with Local 332, (2) refund all union dues with-
held since November 1, 1987, (3) offer reinstatement to a
driver discharged for supporting Local 247, (4) make whole
all employees transferred to Flint for the extra mileage and
extra time needed to commute to and from the Flint terminal,
(5) cease the threats and other coercion, and (6) recognize
and bargain with the Teamsters Detroit Local 247.
On August 1, 1990, District Judge Gilmore in a 10(j) pro-
ceeding in the present case, Gottfried v. C.J.R. Transfer.,
Civil No. 90–1187 (E.D.Mich.), ordered that the petition for
an injunction be granted against C.J.R. Transfer, Inc. a/k/a
C.J. Rogers Transfer, Inc. and its alter egos, Leoni Sand &
Gravel Co. and W.P.M., Inc., pending final disposition be-
fore the Board.
The court enjoined the Respondents from (1) requiring
sand and gravel drivers to sign authorization or membership
cards for Teamsters Local 332 or unlawfully assisting that
Local in its attempts to organize the unit employees, (2) rec-
ognizing Local 332 as the bargaining representative, (3) relo-
cating trucks or unit work from its Melvindale and Flint fa-
cilities or terminating unit employees because of their sup-
port of Teamsters Local 247, (4) refusing to recognize Local
247, and (5) refusing to bargain in good faith with Local
247.
The court also required the Respondents to take the fol-
lowing affirmative action: (1) restore on an interim basis to
the Melvindale and Flint facilities to the extent not already
done all trucks, unit work, and unit employees relocated to
Leoni Sand and WPM, (2) offer to all unit employees who
were terminated September 30, 1989, as a result of the relo-
1096 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
cation decision, to the extent not already done, interim rein-
statement to their former positions and working conditions,
displacing if necessary any replacement employees, and
make the offers of reinstatement to all former employees
now working for Leoni Sand and WPM, and (3) recognize
Local 247 as the exclusive representative of the unit employ-
ees at the Melvindale and Flint facilities and, on request, bar-
gain in good faith.
The primary issues are whether, in violation of Section
8(a)(1), (2), (3), and (5) of the National Labor Relations Act,
1. On July 25, 1988, Transfer continued to recognize and
bargain with the Teamsters Flint Local 332 and continued in
force the 1986 prehire agreement, including union-security
and dues-checkoff clauses.
2. On July 25, 1988, Transfer unlawfully informed unit
employees that the prehire agreement required the deduction
of union dues.
3. On September 30, 1989, Transfer discharged all its sand
and gravel drivers and ceased operations to discourage em-
ployees from supporting the Teamsters Detroit Local 247.
4. Transfer ceased its operations without prior notice to
Local 247 and without affording Local 247 an opportunity to
bargain regarding the decision to cease operations and the ef-
fects of the decision.
5. Leoni Sand and WPM were alter egos of Transfer, and
whether Leoni Sand since September 30, 1989, and WPM
from September 30 until December 1989, continued the sand
and gravel operations substantially unchanged.
6. On September 30, 1989, Leoni Sand and WPM refused
to hire all the Transfer sand and gravel drivers to discourage
support of Local 247.
7. Since September 30, 1989, Transfer, Leoni Sand, and
WPM have unlawfully failed and refused to recognize and
bargain with Local 247.
8. About October 2, 1989, Leoni Sand informed unit em-
ployees they were required to sign Local 332 authorization
and membership cards.
9. On October 6, 1989, Leoni Sand renewed its unlawful
recognition of Local 332.
10. About February 15, 1990, Leoni Sand directed an em-
ployee to ascertain and divulge the drivers’ sympathies to-
ward being represented by Teamsters Local 614.
On the entire record, including my observation of the de-
meanor of the witnesses, and after considering the briefs
filed by the General Counsel and the Respondents, I make
the following
FINDINGS OF FACT
I. JURISDICTION
The Respondents, Transfer, Leoni Sand, and WPM, are
corporations and each has over $50,000 in annual direct or
indirect outflow. They admit, and I find, that each is an em-
ployer engaged in commerce within the meaning of Section
2(2), (6), and (7) of the Act and that Teamsters Locals 247
and 332 are labor organizations within the meaning of Sec-
tion 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. Background
Like the earlier case, C.J.R. Transfer, 298 NLRB 579
(1990), this case involves continuing efforts by Transfer (one
of the group of companies owned and operated by the Leoni
family) to avoid dealing with the Teamsters Detroit Local
247.
As found in the earlier case (G.C. Exh. 2, p. 3), Transfer
recognized and signed a prehire agreement with the Team-
sters Flint Local 332 on May 19, 1986, a day before the first
employee was hired. Thereafter ‘‘some 22 additional drivers
were hired, most of them to work out of Melvindale.’’ Al-
though the legality of this prehire agreement is not in issue,
I find it clear that Transfer signed the agreement in Flint,
rather than in the Detroit area where most of the drivers
would work, to avoid signing a Local 247 contract.
After Local 247 filed a representation petition on August
19, 1987, Transfer revealed its reasons for refusing to deal
with Local 247 and the length to which it would go to avoid
doing so. On Saturday, August 22, Transfer informed the
Melvindale drivers that they were being transferred to the
Flint facility (from Local 247’s to Local 332’s jurisdiction).
As found (G.C. Exh. 2, p. 6, fn. 10), William Leoni Sr., his
sons Michael, Patrick, and William Jr., and Truck Supervisor
Jerry Main ‘‘were responsible for the trucks being transferred
to Flint in August.’’
Also as found (G.C. Exh. 2, pp. 4–6), Transfer Vice Presi-
dent Patrick Leoni informed one group of drivers that ‘‘he
was having union troubles’’ and ‘‘they would never be com-
ing back to Melvindale because he was going to build a shop
in Holly [at the sandpit about 16 miles from Flint], park all
the trucks up there, and work on them there.’’ He told an-
other group that they would be parking in Flint ‘‘because
there was a problem with the Detroit Local [247],’’ that ‘‘he
was going to build a pole barn [a garage for truck repairs]
up in Holly and would park the trucks up there forever if
he had to.’’ When a driver complained that the drivers had
been hired to work out of Melvindale, Leoni ‘‘replied that
he did not want to send the trucks to Flint either [emphasis
added] but he could not work the trucks out of Melvindale
without Local 247 on him.’’
That evening the drivers were told to leave their trucks at
the Flint facility. They were provided rides back to
Melvindale in a chartered bus. For the next 9 weeks, Trans-
fer required the drivers to park their trucks at the end of the
day in Flint. ‘‘Virtually all the drivers who testified indicated
that after August 22 they continued to haul, for the most
part, in the Detroit area, just as they had before their transfer
from the Melvindale facility to Flint.’’ Truck Foreman Jerry
Main ‘‘suggested that the trucks would remain in Flint until
the Union problem was settled.’’
On October 24, during the election campaign (G.C. Exh.
2, p. 7), Transfer ‘‘announced to its drivers, without expla-
nation, that henceforth the trucks would once again work out
of Melvindale, except for about five [former Flint] employ-
ees who preferred to work out of Flint.’’
On November 7, 1987 (6 days before the election), Trans-
fer explained its reasons for opposing Local 247. As Presi-
dent Michael Leoni testified (G.C. Exh. 2, p. 10), he said
1097C. J. ROGERS TRANSFER
‘‘that his father [emphasis added] had stated that he could
not sign [Local 247’s] road builders’ agreement because of
the unfunded liability provision but had no problem living up
to the contract that he had then with Local 332 [which had
disclaimed interest in the election].’’ (The father, William
Leoni Sr., is the vice president of Leoni Sand and the presi-
dent of a large construction company, C.J. Rogers, Inc.) At
the same meeting, Michael Leoni ‘‘explained that for the em-
ployees to vote in Local 247 and for [Transfer] to agree to
the contract which Local 247 was proposing would be expen-
sive; that when he bid the jobs that the drivers were working,
he had bid them so that he could get those jobs under the
old Local 332 contract.’’
Clearly, Transfer was determined to avoid dealing with
Local 247.
B. Continued Recognition of Local 332
On July 25, 1988, 6 days after the close of the trial in the
earlier proceeding, Transfer informed its sand and gravel
drivers by letter (G.C. Exh. 11A) that ‘‘our attorneys . . .
advised us that Teamsters Local Union 332 does in fact have
a valid and binding labor agreement with our company’’ and
that ‘‘We have deducted union dues and are sending them
to Local 332 and . . . will continue to deduct and forward
the monthly dues.’’ Transfer was referring to the 1986–1991
prehire agreement, which was found not to be a bar to an
election in the 1987 representation proceeding.
It is undisputed that between July 29 and August 9, 1988
(Tr. 254, 280–281, 316–317, 345–346), Truck Supervisor
Jerry Main required four of the newer employees (Charles
McCormick, Adrian Garza, Arthur Handy, and Mark Peter-
son) to sign applications for membership and checkoff au-
thorizations for Local 332.
For 5 months, from July to November 1988, Transfer
withheld $27 a month (a total of $135) from each of 21 driv-
ers. It transmitted five $567 checks (totaling $2835) to Local
332 for the union dues. Local 332 held the checks uncashed
until November 17, 1988, when it returned them with a letter
stating: ‘‘These checks are being returned because Local 332
does not have a valid collective bargaining agreement with
your company.’’ (G.C. Exh. 11B–D.)
As found by the Board in the earlier case, C.J.R. Transfer.,
298 NLRB 579 (1990), Transfer gave unlawful support to
Local 332 and since October 23, 1987, ‘‘when Local 332
disclaimed interest in representing the [Transfer] employees,
Local 247 has been the exclusive bargaining representative’’
of the unit employees.
In agreement with the General Counsel, I find that on July
25, 1988, Transfer unlawfully informed unit employees that
the 1986 prehire agreement required the deduction of Local
332 union dues, violating Section 8(a)(1) and (2) of the Act.
I also find that on July 25, 1988, Transfer unlawfully contin-
ued to recognize Local 332 as the bargaining representative
of the unit employees, continued in force the 1986 prehire
agreement, including the union-security and dues-checkoff
clauses, and deducted $135 in dues from the wages of each
of 21 unit employees, violating Section 8(a)(1), (2), and (3).
Whitewood Oriental Maintenance Co., 292 NLRB 1159 fns.
28 and 33 (1989).
The parties stipulate that the following unit is appropriate
for bargaining.
All full-time and regular part-time sand and gravel
truck drivers employed by the employer, including
those hauling materials to and from construction sites,
those who drive straight jobs, semis, double bottom
trucks, and lo-boy drivers employed by the employer in
an ancillary capacity to construction operations; but ex-
cluding all employees engaged in steel hauling oper-
ations, office clerical employees, professional employ-
ees, guards and supervisors as defined in the Act, and
all other employees.
C. Cease Operations
1. Secret preparations
Judge Jacobs’ decision, finding that Transfer had illegally
supported Local 332 and that an order requiring Transfer to
bargain with Local 247 was necessary, issued April 21, 1989.
Instead of complying with the recommended Order or await-
ing Board review, Transfer began making secret preparations
to cease operations, obviously to avoid dealing with Local
247.
On May 17, 1989, Transfer’s labor attorney, Robert
Solner, filed articles of incorporation (G.C. Exh. 7) for a new
corporation, Leoni Sand and Gravel Co. On July 6, 1989, At-
torney Robert Schuler applied to the Michigan Public Service
Commission (MPSC) for the transfer of operating authority
from Transfer to Leoni Sand and another Leoni company
(C.J. Rogers Trans. Co.). The letter (G.C. Exh. 14B) ex-
plained:
For reasonable business purposes, Mr. and Mrs. Wil-
liam H. Leoni [Sr]., who control the three companies
[Transfer, Leoni Sand, and the other company, empha-
sis added], have decided to eventually dissolve [Trans-
fer] and transfer its assets to a newly formed company
also controlled by the Leonis, Leoni Sand and Gravel
Co. . . . Because there will be no change in control,
and because of the timing involved, the parties request
temporary authority for the two transferees . . . to op-
erate the respective portions of [Transfer].
As found in the earlier case (G.C. Exh. 2, p. 6, fn. 10), the
wife (JoAnne Leoni) ‘‘owns the stock in [Transfer] while
[the husband, William Leoni Sr.] oversees its financial activ-
ity and has signed collective-bargaining agreements on its
behalf.’’
When the temporary authority was delayed (Tr. 114–116),
Attorney Schuler telephoned MPSC Supervisor Robin Storm
on August 3, 1989, and said it was needed because there
were ‘‘business reasons and among those . . . a union situa-
tion [emphasis added].’’ She noted on the first page of
Schuler’s letter:
Per Bob Schuler on
8–3
union situation
A MPSC certificate (G.C. Exh. 24G) was issued September
26, 1989, granting the requested transfer of authority from
Transfer to Leoni Sand to transport sand, gravel, excavation
materials, etc.
1098 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Meanwhile in early September, somebody advertised in the
Flint Journal for short double and gravel train drivers,
‘‘steady work, good salary and benefits,’’ and gave a phone
number—but no name. As Flint driver Charles McCormick
credibly testified (Tr. 259–261), he telephoned the number
and a man answered ‘‘Just with a hello, no company name.’’
He recognized the voice of Donald Bailey, the Transfer safe-
ty and personnel director (see G.C. Exh. 39). Bailey ‘‘told
me they were looking for a lot of drivers and that it would
be union scale and come out and fill out an application.’’
Bailey said McCormick would ‘‘see a trailer there and a
fenced lot and . . . come right in the trailer.’’
Thus, presumably Transfer, Leoni Sand, or the Leonis
were secretly preparing to replace some or all the current
Transfer drivers who—instead of quitting—had endured
hours of extra driving to and from work for 9 weeks in 1987
when Transfer relocated them from Melvindale to Flint ‘‘to
avoid having to bargain with Local 247.’’
2. Summary discharge of all drivers
On Saturday, September 30, 1989, Transfer dispatched all
the Melvindale drivers at the end of the day to the Flint yard
for loads of stone or crushed concrete to deliver to a cus-
tomer in the Detroit area (Tr. 55–56, 347, 463). There was
no indication that both they and the Flint drivers were to be
summarily discharged.
Upon reaching the Flint yard, the Melvindale and Flint
drivers were instructed to wait for a meeting. About 5
o’clock, Transfer President Michael Leoni appeared with his
attorney, Safety and Personnel Director Bailey, and an office
employee. He told the drivers that Transfer was going out of
business at midnight and that all the employees were perma-
nently laid off. There were 25 drivers present. Drivers Mon-
roe Avant and Herbert Blomme were not present, and neither
were the mechanics (Roger Drielich, Robert Ingram, Ricky
Louchart, and John Manor), who were not in the bargaining
unit. (Tr. 56–57, 348, 464–465.)
It is undenied that Leoni told the drivers that they were
‘‘excellent’’ drivers (Tr. 350), that they ‘‘all did a great job’’
(Tr. 465), and he hated to do it, but it was a business deci-
sion that he had to make, and there was nothing he could
do about it (Tr. 57, 60). It is also undisputed that he ex-
plained that it was costing Transfer $300,000 in deadheading
to the sandpit at Holly (Tr. 59, 289, 322, 350, 466) and he
could not afford to pay that more. He further said that he
was tired of all the ‘‘aggravation’’ he had in Melvindale and
wanted to get the Company away from there (Tr. 57) and
from ‘‘just any kind of discrepancies between drivers and
management’’ (Tr. 332), an apparent reference to the drivers’
representation by Local 247.
Leoni told the drivers there would be two companies,
WPM (an excavation contractor) based out of Flint and a
new company, Leoni Sand & Gravel, that would start Mon-
day morning out of Holly (Tr. 57, 59). He said they could
apply for jobs at both companies. When asked if they were
going to get the jobs, Leoni said he had nothing to do with
who would be hired, that it was all up to (Truck Supervisor)
Jerry Main ‘‘and to go home that night and they would con-
tact us for work Monday’’ (Tr. 60). As discussed above,
Jerry Main was found in the earlier case to be one of those
‘‘responsible for the trucks being transferred to Flint in Au-
gust’’ 1987.
Driver Kyle Cox asked, ‘‘What local will be representing
us?’’ and Leoni asked what local was representing them at
the time. Cox answered that ‘‘it’s all in court, we don’t real-
ly have any representation right now.’’ Leoni responded,
‘‘Well, come Monday morning, you won’t have any rep-
resentation either.’’ (Tr. 58.) As discussed below, Leoni Sand
signed a recognition agreement the next week with the
Teamsters Flint Local 332.
Each of the drivers was given a ‘‘Notice of Termination,’’
signed by President Michael Leoni. The notices read (G.C.
Exh. 44):
Effective 11:59 p.m. Saturday September 30, 1989
you are laid off permanently due to the closure of busi-
ness.
After the drivers signed applications for employment at both
Leoni Sand and WPM, Transfer returned the Melvindale
drivers to the Melvindale terminal by chartered bus (Tr. 68,
207), as it had done 2 years earlier in its unlawful election
campaign against Local 247.
Transfer President Michael Leoni gave the drivers no indi-
cation why, if excessive deadheading to the Holly sandpit
were a problem or if he simply wanted to operate this part
of the business separately, he did not merely establish a sep-
arate division and transfer the trucks to the sandpit—without
discharging all the drivers.
Neither did Leoni give any reason for stating that he had
nothing to do with the staffing of Leoni Sand or WPM. He
is president and sole stockholder of Leoni Sand (Tr. 44; G.C.
Exh. 1(oo)). A company witness, office employee Michelle
Le Sage, credibly testified (Tr. 581) that Leoni does the hir-
ing of drivers for Leoni Sand ‘‘through [Safety Director]
Don Bailey.’’ Furthermore, Leoni testified at the trial (Tr.
624) that he is really the person in charge there. He is also
an officer of WPM, with a one-third ownership (Tr. 45; G.C.
Exh. 8). He undoubtedly had firsthand knowledge of the
qualifications of all the drivers.
Michael Leoni’s brother, Transfer Vice President Patrick
Leoni (as the Board found in the prior proceeding) had in-
formed Melvindale drivers 2 years earlier that they were
being relocated because of ‘‘union troubles,’’ that the trucks
would be parked in Flint ‘‘because there was a problem with
the Detroit Local [247],’’ and that ‘‘he was going to build
a pole barn [a garage for truck repairs] up in Holly [at the
sandpit] and would park the trucks up there forever if he had
to.’’ But there was no sign of a garage.
There was nothing at the sandpit except a fenced area, a
slab of concrete to park as many as three trucks, an office
trailer, and some oil drums and fuel tanks—no garage or any
permanent building (Tr. 365–367). The trucks were parked
there overnight, without any opportunity for repairs. The re-
pairs are made about 60 or 70 miles away at the Melvindale
garage (Tr. 367), except for minor repairs about 16 miles
away at the Flint garage (Tr. 382, 405). Drivers go to an of-
fice at Melvindale for such business as visiting the safety di-
rector and filling out workers’ compensation forms (Tr. 492–
493).
3. Shifting defenses
By the fourth day of trial, when Leoni Sand President Mi-
chael Leoni testified, his $300,000-deadhead defense had
1099C. J. ROGERS TRANSFER
been belied by the testimony of two current drivers, Arthur
Handy and Richard Near. Both credibly testified (Tr. 360,
369–370, 408, 409–412, 439–443, 481–482) that there was
no less deadheading after the relocation of the trucks. It was
primarily a matter of whether the trucks would be driven
empty to the sandpit first thing in the morning or at the end
of the day.
Leoni first claimed (Tr. 619) that the decision to liquidate
Transfer was made June 1, 1989 (that is, 2 weeks after
Transfer’s labor attorney, Solner, filed articles of incorpora-
tion for Leoni Sand). He then claimed that the decision was
made in early 1989, when he discussed it with his father, and
guessed ‘‘you just can’t shut a company down and start up
new tomorrow.’’ He next testified (Tr. 621) that the decision
‘‘was made right around the middle of May’’ (that is, shortly
after Judge Jacobs’ decision issued).
When asked on direct examination why he liquidated
Transfer, Leoni claimed (Tr. 621–622):
A. The reason we did what we did was so that we
could get a better organization for Leoni Sand and
Gravel. I told my dad [emphasis added] that, you know,
let me start the operation in Holly, let’s buy our own
fuel, let’s pay for our own tires. When there’s parts
bought, they’re going to be charged to that vehicle. Let
me be separate. We were doing it before, it would
come in to Melvindale and Flint, I’ve got a fuel tank
over there, construction’s got a fuel tank over here.
When they ran out of fuel, they’s take fuel from my
side of the fence and it was disorganized. We’d get a
flat tire, I don’t know whether the tire was coming
from my side of the fence or their side of the fence.
When it came to in the mornings and getting the people
out there, the mechanics would jump on maybe one of
my trucks or someone else’s trucks, I would have to
use my labor to go chase some of their people. It was
totally disorganized.
This, incredibly, was being offered as a defense—not for
deciding to park the trucks at a different location or improv-
ing the accounting system—but for secretly forming a new
company, for explaining in a letter requesting a transfer of
operating authority that William Leoni Sr. (Michael Leoni’s
‘‘dad’’) and his wife would control both the old company
(Transfer) and the newly formed company (Leoni Sand), for
seeking to expedite issuance of temporary authority by iden-
tifying one of the ‘‘business reasons’’ as a ‘‘union situa-
tion,’’ for secretly seeking replacements, and for summarily
discharging Transfer’s excellent drivers.
The answer does give some idea how the Leoni family
businesses were interlocked, under the control of the father,
William Leoni Sr. Furthermore, as found in the earlier pro-
ceeding, William Leoni Sr. (along with his three sons and the
truck supervisor) was ‘‘responsible for the trucks being trans-
ferred to Flint’’ in August 1987 ‘‘to avoid having to bargain
with Local 247.’’
Michael Leoni also claimed on the stand (Tr. 617) that
‘‘our biggest problem was with [Transfer’s] iron and steel
[business] and sand and gravel [business] getting mixed up
with my office in my computer. There wasn’t enough space
on our computer to handle all the payrolls, there wasn’t
enough space on the computer to handle accounts receivable
and accounts payable.’’ This, of course, could be a reason
for seeking his father’s approval to buy a separate computer
or to place the sand and gravel drivers in a separate division,
but not a defense for discharging all the drivers.
Leoni was later asked the leading question (Tr. 625):
Q. (By Mr. Soliner): Mr. Leoni, at the time that you
determined to liquidate Transfer, did the financing of
equipment enter into that decision at all?
A. Yes, it did.
When asked how, he gave an evasive answer, for obvious
reasons. All the trucks were already purchased (on long-term
lease) by his father’s large construction company, C.J. Rog-
ers, Inc., which would sublease them to either the old or new
company, as well as to WPM. (By his demeanor on the
stand, Michael Leoni appeared willing to fabricate any an-
swer that might help his cause.)
Leoni later gave other purported reasons to justify ceasing
the operations. I discredit them as clearly pretextual.
4. Concluding findings
I find that the General Counsel has made a prima facie
showing sufficient to support the inference that the sand and
gravel drivers’ support of Teamsters Local 247 was a moti-
vating factor in Transfer’s decision to cease operations and
discharge all the drivers. Wright Line, 251 NLRB 1083, 1089
(1980). Having rejected Transfer’s shifting defenses, I find
that it has failed to carry its burden to demonstrate that it
would have ceased operations in the absence of the drivers’
union activities. I therefore find that Transfer discriminatorily
discharged the unit drivers to avoid dealing with Teamsters
Local 247 and to discourage the drivers’ support of Local
247, violating Section 8(a)(1) and (3) of the Act.
As discussed above, the Board found that Transfer was re-
quired to recognize and bargain with Local 247. I find that
Transfer violated Section 8(a)(1) and (5) by failing to give
prior notice to Local 247 and to afford it an opportunity to
bargain regarding the decision to cease operations.
Whitewood Oriental Maintenance Co., above at fn. 28.
I also find that Transfer violated its obligation to bargain
with Local 247 about the effects of its decision, further vio-
lating Section 8(a)(1) and (5). First National Maintenance
Corp. v. NLRB, 452 U.S. 666, 681 (1981).
D. Leoni Sand and WPM as Alter Egos
Transfer ceased its sand and gravel operations on Sep-
tember 30, 1989, and Leoni Sand and WPM, without inter-
ruption, began the identical operations October 2, 1989.
Michael Leoni was president of both Transfer and Leoni
Sand. Both companies were family-owned. The father or
mother, Mr. or Mrs. William Leoni Sr., was the sole stock-
holder of Transfer (G.C. Exh. 2, p. 6, fn. 10; Tr. 44), Wil-
liam Leoni Sr. was the vice president of Leoni Sand (Tr. 27),
and Michael Leoni was the sole stockholder of Leoni Sand
as well as the president (Tr. 44). Donald Bailey was the safe-
ty and personnel director of Transfer (G.C. Exh. 39) and the
safety director of Leoni Sand (Tr. 582). Jerry Main was the
truck supervisor of both companies (Tr. 69, 395; G.C. Exh.
1(oo)).
The large construction company, C.J. Rogers, Inc. (with
William Leoni Sr. president, G.C. Exh. 10) held title to all
1100 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
the trucks (Tr. 629–632) and subleased trucks to Transfer
and then to Leoni Sand (Tr. 632). Both Transfer and Leoni
Sand billed C.J. Rogers, Inc. on an hourly basis for hauling
the sand and gravel (Tr. 614, 616, 628).
Transfer and Leoni Sand operated in an identical manner,
hauling for C.J. Rogers, Inc. to the same areas with the same
trucks, which were repaired at the same garages in
Melvindale and Flint (Tr. 367, 368, 373–374, 380–381, 395,
412–413).
Similarly, from October 2 until about the middle of De-
cember 1989, WPM was operating in the same manner,
doing a portion of Transfer’s hauling for C.J. Rogers, Inc.
(Tr. 374, 395, 566–569). WPM drivers worked at some of
the same jobs with Leoni Sand drivers, hauling the same ma-
terials (Tr. 263). WPM was also using C.J. Rogers, Inc.’s
trucks (Tr. 568, 632–633) and had the same truck supervisor,
Jerry Main (Tr. 395, 396). The one difference was that Leoni
Sand had the required authorization from the Michigan Pub-
lic Service Commission, but WPM did not. As MPSC Super-
visor Storm credibly testified (Tr. 166), she did not receive
any transfer of authority request from Transfer to WPM.
WPM was another family company, whose stock was
owned equally by Leoni Sand President Michael Leoni and
his two brothers, Patrick and William Jr. (Tr. 45). Patrick
Leoni was vice president of both Transfer (G.C. Exh. 6) and
WPM (G.C. Exh. 8).
I find that Leoni Sand and WPM were ‘‘merely a dis-
guised continuance of the old employer,’’ Howard Johnson
Co. v. Hotel Employees, 417 U.S. 249, 259 fn. 5 (1974), and
that the transfer of the hauling of sand and gravel for C.J.
Rogers, Inc. from Transfer to Leoni Sand and WPM was mo-
tivated by a desire to avoid dealing with Teamsters Local
247. I therefore find that Leoni Sand and WPM were alter
egos of Transfer.
E. Discriminatory Hiring
On September 30, 1989, Transfer employed a total of 27
drivers in the bargaining unit. (The four mechanics on the
last payroll, G.C. Exh. 26, were not in the bargaining unit,
and Jeffrey Tallent was not a sand and gravel driver, Tr. 202,
205, 346.) Although Michael Leoni, the president of both
Transfer and Leoni Sand, acknowledged on that date that the
unit drivers were excellent drivers, Leoni Sand hired only
eight of them on October 2, 1989: Herbert Blomme, Daniel
Bollon, Robert French, Jack Linck, Jeffrey Lynch, John
Nabozny, Richard Near, and Joseph Young (G.C. Exh. 27).
Without any explanation either at the time or at the trial,
Leoni Sand failed to hire any of the remaining 19 drivers:
Monroe Avant, Randy Bradshaw, Kyle Cox, John De La
Garza, Joseph Eggerd, Paul Fisher, Adrian Garza, Arthur
Handy, James Hiveley, John Kloka, Edward Levesque,
Charles McCormick, Charles Partin, Mack Peterson, Michael
Petroff, Charles Pitt, Rennie Sims, Charles Stander, and Mi-
chael Tadajewski (G.C. Exh. 26).
WPM hired 7 of these remaining 19 drivers, but admit-
tedly only on a so-called temporary basis for the duration of
the Operating Engineers strike that began over a month ear-
lier in August (Tr. 15, 395, 561, 566–567). They were Randy
Bradshaw, John De La Garza, Joseph Eggerd, Arthur Handy,
Charles Partin, Charles Stander, and Michael Tadajewski
(G.C. Exh. 30). The seven drivers were not aware that they
were being hired as temporary employees. As found, they
performed the same work as the Leoni Sand drivers, under
the same truck supervisor, Jerry Main. They were not asked
to cross any picket line. (Tr. 395–396, 431–435.)
The remaining 12 drivers were not hired, either as perma-
nent or temporary employees. They were Monroe Avant,
Kyle Cox, Paul Fisher, Adrian Garza, James Hiveley, John
Kloka, Edward Levesque, Charles McCormick, Mack Peter-
son, Michael Petroff, Charles Pitt, and Rennie Sims. I note
that 7 of these 12 drivers had been named in Judge Jacobs’
May 19, 1989 decision as General Counsel witnesses (against
Transfer) in the prior case (G.C. Exh. 2, pp. 9–11). They
were Kyle Cox, Paul Fisher, Adrian Garza, James Hiveley,
John Kloka, Edward Levesque, Charles Pitt, and Rennie
Sims. (The only General Counsel witness that Leoni Sand
hired was Jack Linck.)
The evidence indicates that Leoni Sand and WPM were
hiring only the number of Transfer drivers that they could
and still have them constitute a minority of the employees—
to destroy Local 247’s majority status. Leoni Sand hired 8
Transfer drivers and WPM hired 7, making a total of 15 bar-
gaining unit drivers. At the same time, Leoni Sand and WPM
hired a total of 16 other drivers (most of them apparently
from the pool of applicants resulting from the newspaper ad
placed by an unidentified party earlier in September). Leoni
Sand hired 11 new employees and WPM hired 5, including
3 former WPM employees. (G.C. Exhs. 26, 27, 30.)
This increased the number of drivers from 27 to 31 and
resulted in a ratio of 15 bargaining unit employees (rep-
resented by Local 247) to 16 others. I consider it most un-
likely that this increase in the number of drivers and the re-
sulting 15-to-16 ratio were a mere happenstance.
The Leoni Sand drivers reported to work at the Holly
sandpit. The WPM drivers reported to work at the Flint yard
until late November, when they also were told to report at
the sandpit (Tr. 450). At both places, as found above, the
drivers were working under the direct supervision of Truck
Supervisor Main.
Sometime in December 1989, after the Operating Engi-
neers strike ended, all the WPM sand and gravel drivers
were terminated (Tr. 568) except one of the new employees
(Samuel Dicks) who became a permanent employee and Ar-
thur Handy, who worked until his truck broke down Decem-
ber 23 and was hired by Leoni Sand in early January 1990.
Leoni Sand also hired three other ‘‘temporary’’ employees,
Randy Bradshaw, John De La Garza, and Joseph Eggerd. It,
however, also hired two additional drivers (Larry Tewksbury
and Burt Wilcox, preventing the discharged Transfer employ-
ees from constituting a majority. (G.C. Exh. 29.)
After weighing all the evidence, I find that the General
Counsel has made a prima facie showing sufficient to sup-
port the inference that a motivating factor for Leoni Sand’s
refusal to hire all the discharged Transfer drivers as perma-
nent employees was its determination not to deal with the
Teamsters Detroit Local 247. In the absence of any expla-
nation at the trial for refusing to hire all the admittedly ex-
cellent Transfer drivers, I find that Leoni Sand and WPM,
alter egos of Transfer, have failed to carry their burden of
proving that 19 of the permanent Transfer drivers would not
have been hired as permanent employees in the absence of
their union activities.
I find that Leoni Sand and WPM, alter egos of Transfer,
discriminated against 19 of the 25 Transfer drivers by refus-
1101C. J. ROGERS TRANSFER
ing to place them on the Leoni Sand payroll as permanent
employees, by hiring 7 of them as so-called temporary em-
ployees, and not hiring the remaining 12 drivers, to discour-
age support of Local 247, violating Section 8(a)(1) and (3)
of the Act.
I also find that despite the refusal to hire all the discharged
Transfer drivers on a permanent basis, Local 247 remained
the bargaining representative of the bargaining unit drivers.
I therefore find that since September 30, 1989, Leoni Sand
and WPM, alter egos of Transfer, have unlawfully failed to
recognize and bargain with Local 247, violating Section
8(a)(1) and (5).
F. Further Unlawful Assistance to Local 332
It is undisputed that on the afternoon of October 2 or 3,
1989 (the first or second day of Leoni Sand’s operation),
when former Transfer driver Richard Near returned to the
Holly sandpit, Truck Supervisor Jerry Main told him that the
‘‘union guys’’ were there from Local 332 and that he had
to sign a card. As Near credibly testified, he said he did not
want to sign a card, but Main ‘‘Told me I had to.’’ Then
when Near went to his car, ‘‘they were standing out by the
cars’’ and ‘‘Told me to fill out a card . . . . just sign my
name and they’d fill out the rest.’’ As the supervisor had re-
quired, Near signed it. (Tr. 485–486.)
On October 6, 1989, Leoni Sand signed an agreement
(G.C. Exh. 13), recognizing Teamsters Local 332 as the bar-
gaining representative of all its truckdrivers and agreeing to
negotiate a collective-bargaining agreement that would incor-
porate ‘‘the standard Union Shop Clause,’’ effective that
date.
I find that Leoni Sand’s requirement that driver Near sign
the Local 332 authorization card and its signing the recogni-
tion agreement with Local 332 when Local 247 was the driv-
ers’ exclusive bargaining representative, constituted contin-
ued unlawful support of Local 332, violating Section 8(a)(1)
and (2).
G. Other Coercive Conduct
About February 15, 1990, Leoni Sand Truck Supervisor
Gary Reedy told driver Hardy at the Holly sandpit that Presi-
dent Michael Leoni had just found out that the sandpit,
which was in Oakland County, was in the jurisdiction of
Teamsters Local 614 and that he did not have to bargain
with either Local 247 or 332. It is undenied, as Hardy
credibly testified, that Reedy ‘‘said for me to pass the word
around and . . . ask these other . . . drivers . . . how they
felt about 614 and what kind of feedback he would get on
. . . what they said.’’ (Tr. 379.)
Leoni Sand’s only defense in its brief (at 11) is that ‘‘The
employee [Reedy] who did so was not employed by any of
the Respondents.’’
Michael Leoni admitted at the trial that Reedy replaced
and had the same position as Jerry Main. Leoni claimed,
however, that Main ‘‘had nothing to do with the drivers.’’
He testified that the drivers worked for Leoni Sand, whereas
Main worked for C.J. Rogers, Inc., coordinating ‘‘all the jobs
and the needs for trucks’’ (Tr. 613–614). I have no doubt,
because of the interlocking of the Leoni businesses, that
Jerry Main was on the C.J. Rogers, Inc. payroll. But to claim
that Main ‘‘had nothing to do’’ with the Leoni drivers is a
pure fabrication. Leoni Sand admitted in its answer that Main
was a supervisor, and the evidence shows that all the drivers
knew him to be their supervisor.
The evidence also shows that Reedy, as the Leoni Sand
truck supervisor (although on the C.J. Rogers, Inc. payroll),
performs the same supervision over the drivers as Main did,
including scheduling and dispatching them (Tr. 577). About
the middle of January Patrick Leoni announced to the Leoni
Sand drivers that he had fired Jerry Main and that Reedy was
replacing Main. The drivers know Reedy to be their super-
visor (Tr. 367). In the short time he had been there, he dem-
onstrated his supervisory authority by suspending a driver an
additional day when the driver called in sick (Tr. 538).
I find that Truck Supervisor Reedy’s directing driver
Hardy to ascertain and divulge the drivers’ sympathies was
coercive and violated Section 8(a)(1).
Contentions and Concluding Findings
The Respondents contend in their brief (at 11) that ‘‘There
never was any intention on the part of the employer to be
a runaway shop, avoid Teamsters union organization of its
employees, and in fact, the employer has always attempted
in every legal way to determine and ascertain which Team-
sters Local their employees wanted as their bargaining rep-
resentative.’’
These contentions ignores the overwhelming evidence that
the Respondents, under the control of William Leoni Sr.,
have engaged in drastic conduct, including the discharge of
all Transfer’s drivers, to avoid dealing with the Teamsters
Detroit Local 247.
The evidence also shows that Leoni Sand and WPM, as
alter egos of Transfer, participated in the unlawful action to
deprive the sand and gravel drivers of representation by their
chosen bargaining representative. I therefore find that all
three Respondents must be ordered to remedy this gross mis-
conduct.
CONCLUSIONS OF LAW
1. By ceasing operations on September 30, 1989, and dis-
charging all its sand and gravel drivers to discourage the em-
ployees from supporting the Teamsters Detroit Local 247,
Transfer engaged in unfair labor practices affecting com-
merce within the meaning of Section 8(a)(1) and (3) and
Section 2(6) and (7) of the Act.
2. By ceasing its operations without prior notice to Local
247, the unit employees’ bargaining representative, and with-
out affording Local 247 an opportunity to bargain regarding
the decision to cease operations and the effects of the deci-
sion, Transfer violated Section 8(a)(1) and (5).
3. Leoni Sand and WPM were alter egos of Transfer.
4. Leoni Sand since September 30, 1989, and WPM from
September 30 to sometime in December 1989 continued the
sand and gravel operations substantially unchanged.
5. By refusing on September 30, 1989, to hire all 27 of
Transfer’s discharged sand and gravel drivers to discourage
their support of Local 247, Leoni Sand and WPM, alter egos
of Transfer, violated Section 8(a)(1) and (3).
6. By continuing on July 25, 1988, to recognize and bar-
gain with the Teamsters Flint Local 332 and continuing in
force the 1986 prehire agreement, including union-security
and dues-checkoff clauses, Transfer violated Section 8(a)(1),
(2), and (3).
1102 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 If no exceptions are filed as provided by Sec. 102.46 of the Board’s Rules
and Regulations, the findings, conclusions, and recommended Order shall, as
provided in Sec. 102.48 of the Rules, be adopted by the Board and all objec-
tions to them shall be deemed waived for all purposes.
7. By informing unit employees on July 25, 1988, that the
prehire agreement required the deduction of union dues,
Transfer violated Section 8(a)(1).
8. By failing since September 30, 1989, to recognize and
bargain with Local 247 as the representative of employees in
the appropriate bargaining unit, Transfer, Leoni Sand, and
WPM have violated Section 8(a)(1) and (5).
9. By requiring a unit employee about October 2, 1989,
to sign a union card for Local 332, Leoni Sand, alter ego of
Transfer, violated Section 8(a)(1).
10. By signing on October 6, 1989, a Local 332 recogni-
tion agreement, Leoni Sand, alter ego of Transfer, violated
Section 8(a)(1) and (2).
11. By directing an employee about February 15, 1990, to
ascertain and divulge the unit drivers’ sympathies toward
being represented by Teamsters Local 332, Leoni Sand, alter
ego of Transfer, violated Section 8(a)(1).
REMEDY
Having found that the Respondent has engaged in certain
unfair labor practices, I find that it must be ordered to cease
and desist and to take certain affirmative action designed to
effectuate the policies of the Act.
As found, the Respondent, C.J.R. Transfer, Inc., acting in
part through its alter egos, Respondents Leoni Sand & Grav-
el Co. and W.P.M., Inc., has closed its Melvindale and Flint
operations on September 30, 1989, discharged all its unit em-
ployees, and refused to rehired all of them to avoid dealing
with the Teamsters Detroit Local 247.
As a necessary part of a remedy for this egregious mis-
conduct, I find that C.J.R. Transfer, Inc. and its alter egos
must (1) restore the sand and gravel operations as they ex-
isted before September 30, 1989, including a return of the
operations to the Melvindale and Flint facilities, (2) offer all
the discharged employees reinstatement, and (3) make them
whole for any loss of earnings and other benefits, computed
on a quarterly basis from the date of discharge to the date
of proper offer of reinstatement, less any net interim earn-
ings, as prescribed in F. W. Woolworth Co., 90 NLRB 289
(1950), plus interest as computed in New Horizons for the
Retarded, 283 NLRB 1173 (1987).
Because the Respondents’ egregious misconduct dem-
onstrates a general disregard for the employees’ fundamental
rights, I find it necessary to issue a broad order requiring the
Respondents to cease and desist from infringing in any man-
ner on rights guaranteed employees by Section 7 of the Act.
Hickmott Foods, 242 NLRB 1357 (1979).
On these findings of fact and conclusions of law and on
the entire record, I issue the following recommended1
ORDER
The Respondent, C.J.R. Transfer, Inc., a/k/a C.J. Rogers
Transfer, Inc., Melvindale and Flint, Michigan, and its alter
egos, the Respondents Leoni Sand & Gravel Co. and
W.P.M., Inc., their officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Closing its operations or discharging or otherwise dis-
criminating against any employee for supporting the Team-
sters Detroit Local 247.
(b) Ceasing operations without notifying and bargaining
with Local 247.
(c) Discriminating against any supporter of Local 247
when hiring employees.
(d) Recognizing and bargaining with the Teamsters Flint
Local 332 unless it is certified as the bargaining representa-
tive.
(e) Requiring employees to sign Local 332 membership or
checkoff cards.
(f) Coercively interrogating any employee, or requesting
any employee to interrogate other employees, about union
support or sympathies.
(g) In any other manner 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 ef-
fectuate the policies of the Act.
(a) Restore the sand and gravel operations as they existed
before September 30, 1989, including a return of its oper-
ations to the Melvindale and Flint facilities.
(b) Offer the following discharged employees immediate
and full reinstatement to their former jobs or, if those jobs
no longer exist, to substantially equivalent positions, without
prejudice to their seniority or any other rights or privileges
previously enjoyed, and make them whole for any loss of
earnings and other benefits suffered as a result of the dis-
crimination against them, in the manner set forth in the rem-
edy section of the decision.
Monroe Avant Jack Linck
Herbert Blomme Jeffery Lynch
Daniel Bollon Charles McCormick
Randy Bradshaw John Nabozny
Kyle Cox Richard Near
John De La Garza Charles Partin
Joseph Eggerd Mack Peterson
Paul Fisher Michael Petroff
Adrian Garzar Rennie Sims
Robert French Charles Pitt
Arthur Handy Charles Stander
James Hiveley Michael Tadajewski
John Kloka Joseph Young
Edward Levesque
(c) Remove from its files any reference to the unlawful
discharges and notify the employees in writing that this has
been done and that the discharges will not be used against
them in any way.
(d) Make whole the discharged employees for any extra
time spent and mileage driven resulting from the change in
location of its facilities, from September 30, 1989, to the
date of proper offer of reinstatement.
(e) Withdraw recognition of Local 332.
(f) Refund all Local 332 dues, not previously refunded,
that have been deducted since July 25, 1989.
(g) On request, bargain with the Local 247 as the exclu-
sive representative of the employees in the following appro-
priate unit concerning terms and conditions of employment
and, if an understanding is reached, embody the under-
standing in a signed agreement.
1103C. J. ROGERS TRANSFER
2 If this Order is enforced by a judgment of a United States court of appeals,
the words in the notice reading ‘‘Posted by Order of the National Labor Rela-
tions Board’’ shall read ‘‘Posted Pursuant to a Judgment of the United States
Court of Appeals Enforcing an Order of the National Labor Relations Board.’’
All full-time and regular part-time sand and gravel
truck drivers employed by the employer, including
those hauling materials to and from construction sites,
those who drive straight jobs, semis, double bottom
trucks, and lo-boy drivers employed by the employer in
an ancillary capacity to construction operations but ex-
cluding all employees engaged in steel hauling oper-
ations, office clerical employees, professional employ-
ees, guards and supervisors as defined in the Act, and
all other employees.
(h) Preserve and, on request, make available to the Board
or its agents for examination and copying, all payroll records,
social security payment records, timecards, personnel records
and reports, and all other records necessary to analyze the
amount of backpay due under the terms of this Order.
(i) Post at its facilities in Melvindale and Flint, Michigan,
copies of the attached notice marked ‘‘Appendix.’’2 Copies
of the notice, on forms provided by the Regional Director for
Region 7, after being signed by the Respondents’ authorized
representative, shall be posted by the Respondents imme-
diately upon receipt 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 Respondents to ensure that the notices are not
altered, defaced, or covered by any other material.
(j) Notify the Regional Director in writing within 20 days
from the date of this Order what steps the Respondents have
taken to comply.
IT IS FURTHER ORDERED that the complaints are dismissed
insofar as they allege violations of the Act not specifically
found.
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 vio-
lated the National Labor Relations Act and hag ordered us
to post and abide by this notice.
WE WILL NOT close our operations or discharge or other-
wise discriminate against any employee for supporting Team-
sters Detroit Local 247.
WE WILL NOT cease operations without notifying and bar-
gaining with Local 247.
WE WILL NOT discriminate against any supporter of Local
247 when hiring employees.
WE WILL NOT recognize and bargain with Teamsters Flint
Local 332 unless it is certified as the bargaining representa-
tive.
WE WILL NOT require employees to sign Local 332 mem-
bership or checkoff cards.
WE WILL NOT coercively question any employee, or re-
quest any employee to question other employees, about union
support or sympathies.
WE WILL NOT in any other manner interfere with, restrain,
or coerce you in the exercise of the rights guaranteed you
by Section 7 of the Act.
WE WILL restore our sand and gravel operations as they
existed before September 30, 1989, returning the operations
to the Melvindale and Flint facilities.
WE WILL offer our following employees immediate and
full reinstatement to their former jobs or, if those jobs no
longer exist, to substantially equivalent positions, without
prejudice to their seniority or any other rights or privileges
previously enjoyed and WE WILL make them whole for any
loss of earnings and other benefits resulting from their dis-
charge, less any net interim earnings, plus interest.
Monroe Avant Jack Linck
Herbert Blomme Jeffery Lynch
Daniel Bollon Charles McCormick
Randy Bradshaw John Nabozny
Kyle Cox Richard Near
John De La Garza Charles Partin
Joseph Eggerd Mack Peterson
Paul Fisher Michael Petroff
Adrian Garzar Rennie Sims
Robert French Charles Pitt
Arthur Handy Charles Stander
James Hiveley Michael Tadajewski
John Kloka Joseph Young
Edward Levesque
WE WILL notify each of them that we have removed from
our files any reference to his discharge and that the discharge
will not be used against him in any way.
WE WILL make these employees whole for any extra time
spent and mileage driven resulting from the change in loca-
tion of our facilities, from September 30, 1989, to the date
of proper offer of reinstatement.
WE WILL withdraw recognition from Local 332.
WE WILL refund all Local 332 dues, not previously re-
funded, that have been deducted from your wages since July
25, 1989.
WE WILL, on request, bargain with Local 247 and put in
writing and sign any agreement reached on terms and condi-
tions of employment for our employees in the bargaining
unit.
All full-time and regular part-time sand and gravel
truck drivers employed by the employer, including
those hauling materials to and from construction sites,
those who drive straight jobs, semis, double bottom
trucks, and lo-boy drivers employed by the employer in
an ancillary capacity to construction operations; but ex-
cluding all employees engaged in steel hauling oper-
ations, office clerical employees, professional employ-
ees, guards and supervisors as defined in the Act, and
all other employees.
C.J.R. TRANSFER, INC., A/K/A C.J. ROGERS
TRANSFER, INC. AND ITS ALTER EGOS, LEONI
SAND & GRAVEL CO. AND W.P.M., INC.