California Cemetery and Funeral Services, LLC, a Delaware limited liability company

National Labor Relations Board - Unpublished Board Decisions

Jul 19, 2019

31-CA-170867 (N.L.R.B. Jul. 19, 2019)

RMcE
Sacramento, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CALIFORNIA CEMETERY AND FUNERAL
SERVICES, LLC, d/b/a PIERCE BROTHERS
VALHALLA MEMORIAL PARK AND
MORTUARY, A DELAWARE LIMITED
LIABILITY COMPANY
and Case 31–CA–170867
ADRIAN MERCEDES VASQUEZ
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the National Labor Relations Board upon the joint
motion of Respondent California Cemetery and Funeral Services, LLC, d/b/a Pierce
Brothers Valhalla Memorial Park and Mortuary, a Delaware Limited Liability Company
and the General Counsel to waive a hearing and decision by an administrative law
judge and to transfer the proceeding to the Board for a decision based on the stipulated
record.1
On March 14, 2018, the General Counsel, through the Acting Regional Director
for Region 31, issued an amended complaint and notice of hearing alleging that since
about June 2005, and at all material times, the Respondent has maintained a Principles
of Employment & Arbitration Procedures (PEAP) that interferes with employees’ right to
file unfair labor practice charges with the Board. The complaint further alleges that, by
this conduct, the Respondent has been interfering with, restraining, and coercing

1 Charging Party Adrian Mercedes Vasquez does not oppose this motion.
2
employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of
Section 8(a)(1) of the Act.
On May 16, 2018, the parties filed a joint motion and stipulation of facts with the
Board. Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the
parties have waived a hearing before an administrative law judge and agreed to submit
the record in this case directly to the Board for findings of fact, conclusions of law, and a
Decision and Order. The parties have requested that the Board set a time for the filing
of briefs.
The Board having considered the matter,
IT IS ORDERED that the joint motion is granted and the case is transferred to
and continued before the Board in Washington, D.C., for the purpose of issuing findings
of fact, conclusions of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which consists of the joint
motion and stipulation of facts, General Counsel Exhibits 1(a) through 1(aa), a
statement of the issue presented, and statements of position by the Respondent and
the General Counsel, is approved and made part of the record.
The parties may file initial briefs with the Board in Washington, D.C., on or before
August 9, 2019, and answering briefs within 14 days thereafter in accordance with
Section 102.35(a)(9) of the Board’s Rules and Regulations.
Dated, Washington, D.C., July 19, 2019.
By direction of the Board:
/s/ Roxanne L. Rothschild
______________________
Executive Secretary