Conference Services International etc., LLC d/b/a CSI

National Labor Relations Board - Board Decisions

Apr 12, 2018

28-CA-172233 (N.L.R.B. Apr. 12, 2018)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CONFERENCE SERVICES INTERNATIONAL etc.,
LLC d/b/a CSI etc.
and Cases 28-CA-172233
28-CA-200009
28-CA-203764
INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES, LOCAL 415
DECISION AND ORDER
Statement of the Cases
On December 14, 2017, Conference Services International etc., LLC, d/b/a CSI
etc. (the Respondent), International Alliance of Theatrical Stage Employees, Local 415
(the Union), and the General Counsel of the National Labor Relations Board entered
into a Formal Settlement Stipulation, subject to the Board’s approval, providing for the
issuance of a Board Order and the entry of a court judgment enforcing the Order by
any appropriate United States Court of Appeals.1 The parties also agreed that the
terms of the Board's Order shall be embodied in a consent petition and order for
temporary injunction under Section 10(e) of the Act, which will be filed in the Ninth
Circuit Court of Appeals and shall remain in full force and effect until entry by the Ninth
Circuit of a judgment enforcing the Board’s Order. In addition, the parties waived all
further and other proceedings before the Board to which they may be entitled under
the National Labor Relations Act and the Board’s Rules and Regulations, and the
parties waived their rights to contest the entry of a court 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 amended 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 Amended Formal Settlement Stipulation.

1 On March 14, 2018, the Region filed a Joint Motion to Amend Formal Settlement
Stipulation to correct minor mathematical errors in the backpay chart attached to the
settlement stipulation. The joint motion to amend is granted, and the March 14, 2018
backpay chart is substituted for that in the December 14, 2017 settlement stipulation.
2
Based on the amended Formal Settlement Stipulation and the entire record, the
Board makes the following
Findings of Fact
1. The Respondent’s business
(a) The Respondent is a limited liability company with an office and place of
business in Phoenix, Arizona (the Respondent's Phoenix facility), where it is engaged
in providing services for trade shows, expositions, conventions, and conferences.
(b) In conducting its operations during the 12-month period ending March 21,
2016, the Respondent purchased and received at the Respondent's Phoenix facility
goods valued in excess of $50,000 directly from points outside the State of Arizona.
(c) The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the National
Labor Relations Act (the Act).
2. The labor organization involved
The Union is a labor organization within the meaning of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the amended 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,
Conference Services International etc., LLC, d/b/a CSI etc., Phoenix, Arizona, its
officers, agents, successors and assigns, shall
1. Cease and desist from
(a) Threatening to stop doing work in Tucson because of its collective-bargaining
relationship with the Union.
(b) Threatening to file a lawsuit against the Union because of its collective-
bargaining or other representational activities on behalf of the employees it represents.
(c) Recording its negotiations with the Union without the Union’s knowledge or
consent.
(d) Failing or refusing to hire applicants, or to consider applicants for hire,
because of their union affiliation or to avoid an obligation to bargain with the Union.
3
(e) Locking out its employees in conjunction with surface bargaining or where the
lockout is not done with the purpose of advancing a legitimate bargaining position.
(f) In any other manner discriminating in regard to hire or tenure of employment
or any other term or condition of employment, in order to discourage membership in the
Union or in any other labor organization.
(g) Failing and refusing to recognize and bargain collectively with the Union as
the exclusive collective-bargaining representative of its employees in the following unit
(the Unit):
All of our employees who are engaged in the installation, dismantling and
maintenance of display materials within the geographic jurisdiction of the Union,
excluding all other employees, managers, office clericals, professional
employees, guards, and supervisors as defined by the National Labor Relations
Act.
(h) Withdrawing recognition from the Union as the exclusive collective-bargaining
representative of its employees in the Unit.
(i) Failing and refusing to bargain in good faith with the Union by refusing to meet
with it at reasonable times as required by Section 8(d) of the Act.
(j) Engaging in surface bargaining by endeavoring to create the appearance of
bargaining in good faith while taking actions to thwart the bargaining process and avoid
reaching agreement.
(k) Conditioning its execution of a collective-bargaining agreement with the Union
on the Union’s withdrawal of unfair labor practice charges against it.
(l) Making changes to the wages, hours, and other terms and conditions of
employment of employees in the Unit, or changes affecting the wages, hours, and
other terms and conditions of employment of employees in the Unit, without first
notifying the Union or affording it an opportunity to bargain about this conduct and/or
the effects of this conduct, including by:
(1) Ceasing to abide by the “Exclusive Right to Refer”
provision incorporated by reference in its 2015
Memorandum of Agreement with the Union;
(2) Subcontracting Unit work; and
(3) Recording its negotiations with the Union.
(m) In any other manner interfering with, restraining or coercing its employees in
the exercise of their right to self-organization, to form labor organizations, to join or
4
assist the Union or any other labor organization, to bargain collectively through
representatives of their own choosing and to engage in other concerted activities for
the purpose of collective bargaining or other mutual aid or protection, or to refrain from
any and all such activities.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Within 14 days from issuance of the Board’s Order, make whole the
employee(s) named below by payment to each of them and payment of contributions
for them to the Union National Annuity Fund and the Union National Vacation Plan of
the amounts opposite each name, and make appropriate withholdings for each named
employee. No withholdings should be made from the interest portion of the backpay or
from the benefit fund contributions or the interest on those contributions:
5
Name Backpay Interest
on
Backpay
Union
National
Annuity Fund
Contribution
(NAFC)
Interest
on NAFC
Union
National
Vacation
Plan
Contribution
(NVPC)
Interest
on
NVPC
Total
Ronald
Snellstrom
$407.83 $16.22 $56.61 $2.25 $17 $0.68 $500.59
Reg Williams $282.88 $11.25 $43.29 $1.72 $13 $0.52 $352.66
Brian
McGuinn
$282.88 $11.25 $43.29 $1.72 $13 $0.52 $352.66
Gil Harrison $228.48 $9.09 $34.97 $1.39 $10.50 $0.42 $284.85
Fred
Gibson
$228.48 $9.09 $34.97 $1.39 $10.50 $0.42 $284.85
Jesse Green $227.91 $5.09 $31.64 $0.71 $9.50 $0.21 $275.06
Bert Roberts $184.96 $7.36 $28.31 $1.13 $8.50 $0.34 $230.60
Magda
Amado
$174.08 $3.89 $26.64 $0.59 $8 $0.18 $213.38
Wyatt
Wrisley
$174.08 $3.89 $26.64 $0.59 $8 $0.18 $213.38
Kim Bock $174.08 $3.89 $26.64 $0.59 $8 $0.18 $213.38
Toby
Turner
$141.44 $5.63 $21.65 $0.86 $6.50 $0.26 $176.34
Michael
Hanus
$141.44 $5.63 $21.65 $0.86 $6.50 $0.26 $176.34
John Gatlin $119.68 $2.67 $18.32 $0.41 $5.50 $0.12 $146.70
Dane
Delauer
$87.04 $3.46 $13.32 $0.53 $4 $0.16 $108.51
Chris
Babbie
$87.04 $3.46 $13.32 $0.53 $4 $0.16 $108.51
Steve
Turner
$87.04 $3.46 $13.32 $0.53 $4 $0.16 $108.51
Steve
Jackson
$87.04 $1.94 $13.32 $0.30 $4 $0.09 $106.69
Jon Green $87.04 $1.94 $13.32 $0.30 $4 $0.09 $106.69
Chris
Yarnell
$87.04 $1.94 $13.32 $0.30 $4 $0.09 $106.69
Rex Hartwell $87.04 $1.94 $13.32 $0.30 $4 $0.09 $106.69
Jhon Alex
Trayer
$87.04 $1.94 $13.32 $0.30 $4 $0.09 $106.69
Avram
Steinberg
$87.04 $1.94 $13.32 $0.30 $4 $0.09 $106.69
Steve Perez $87.04 $1.94 $13.32 $0.30 $4 $0.09 $106.69
TOTAL DUE: $4493.15
- -
6
(b) Recognize and, on request, bargain collectively with the Union as the exclusive
representative of the Respondent’s employees in the Unit with respect to wages, hours,
and other terms and conditions of employment and, if an agreement is reached with the
Union, sign a document containing that agreement.
(c) If requested by the Union, rescind any or all of the unilateral changes it made to
the terms and conditions of employment of its employees, including by resuming its
abidance by the “Exclusive Right to Refer” provision incorporated by reference in its 2015
Memorandum of Agreement with the Union, ceasing to subcontract Unit work, and
ceasing to record negotiations with the Union.
(d) Within 14 days of service by the Region, post at the Respondent’s Phoenix
facility, and at its jobsites in Southern Arizona, including Tucson, Arizona, and Yuma,
Arizona, copies of the attached notice marked “Appendix A” in English, and any other
languages deemed appropriate by the Regional Director. Copies of the notice, on forms
provided by Region 28, after being signed by the Respondent’s authorized representative,
shall be posted by the Respondent and maintained for 60 consecutive days in
conspicuous places at the Respondent’s Phoenix facility, and at its jobsites in Southern
Arizona, including Tucson, Arizona, and Yuma, Arizona, 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.
(e) Within 14 days of service by the Region, copy and mail, at its own expense, a
copy of the attached Notice, after being signed by the Respondent’s authorized
representative, to all employees who were employed by the Respondent at jobsites in
Southern Arizona, including Tucson and Yuma, Arizona, at any time since January 6,
2016. Those Notices will be signed by a responsible official of the Respondent and show
the date of mailing. The Respondent will provide the Regional Director written
confirmation of the date of mailing and a list of names and addresses of employees to
whom the Notices were mailed. The Regional Director will send signed copies of the
attached Notice to the Charging Party and request that the signed copies of the attached
Notice be posted in prominent places in the Charging Party’s office in Tucson, Arizona,
and on the Charging Party’s website for 60 consecutive days from the date of posting.
(f) This stipulation is subject to the approval of the Board and, immediately upon
the approval by the Board, it will be retroactively effective to the date of execution of the
stipulation.
(g) Within 21 days after service by the Region, file with the Regional Director a
sworn certificate of a responsible official on a form provided by the Region attesting to the
steps that the Respondent has taken to comply.
7
Dated, Washington, D.C., April 12, 2018
___________________________________
Marvin E. Kaplan, Chairman
___________________________________
Lauren McFerran, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
8
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 do anything to prevent you from exercising the above rights.
INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, LOCAL 415 (the
Union) is the employees’ exclusive collective-bargaining representative in dealing with us
regarding wages, hours and other working conditions of the employees in the following unit
(the Unit):
All of our employees who are engaged in the installation, dismantling and
maintenance of display materials within the geographic jurisdiction of the Union,
excluding all other employees, managers, office clericals, professional employees,
guards, and supervisors as defined by the National Labor Relations Act.
WE WILL NOT threaten to stop doing work in Tucson because of our collective-bargaining
relationship with the Union.
WE WILL NOT threaten to file a lawsuit against the Union because of its collective-
bargaining or other representational activities on behalf of the employees it represents.
WE WILL NOT record our negotiations or conversations with the Union without the Union’s
knowledge or consent.
WE WILL NOT fail or refuse to hire applicants, or to consider applicants for hire, because
of their union affiliation or to avoid an obligation to bargain with the Union.
WE WILL NOT lock out our employees in conjunction with surface bargaining or where the
lockout is not done with the purpose of advancing a legitimate bargaining position.
9
WE WILL NOT in any other manner discriminate in regard to hire or tenure of employment
or any other term or condition of employment, in order to discourage membership in the
Union or in any other labor organization.
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 Unit.
WE WILL NOT withdraw recognition from the Union as the exclusive collective-
bargaining representative of our employees in the Unit.
WE WILL NOT fail and refuse to bargain in good faith with the Union by refusing to meet
with it at reasonable times as required by Section 8(d) of the National Labor Relations Act
(the Act).
WE WILL NOT engage in surface bargaining by endeavoring to create the appearance of
bargaining in good faith while taking actions to thwart the bargaining process and avoid
reaching agreement.
WE WILL NOT condition our execution of a collective-bargaining agreement with the
Union on the Union’s withdrawal of unfair labor practice charges against us.
WE WILL NOT make changes to the wages, hours, and other terms and conditions of
employment of employees in the Unit, or changes affecting the wages, hours, and other
terms and conditions of employment of employees in the Unit, without first notifying the
Union and affording it an opportunity to bargain about this conduct and/or the effects of
this conduct, and, during the course of bargaining for a successor collective-bargaining
agreement, without reaching overall good-faith impasse, including by:
- Ceasing to abide by the “Exclusive Right to Refer” provision
incorporated by reference in our 2015 Memorandum of Agreement with
the Union;
- Subcontracting Unit work; and/or
- Recording negotiations with the Union.
WE WILL NOT in any other manner interfere with, restrain or coerce our employees in
the exercise of their right to self-organization, to form labor organizations, to join or assist
the Union or any other labor organization, to bargain collectively through representatives
of their own choosing and to engage in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection, or to refrain from any and all such
activities.
WE WILL pay employees, with interest, for the wages and other benefits lost because
we locked them out, unilaterally subcontracted their work, failed and refused to hire
them or consider them for hire, and refused to abide by the “Exclusive Right to Refer”
10
provision incorporated by reference in our 2015 Memorandum of Agreement with the
Union after that Memorandum of Agreement expired.
WE WILL recognize and, on request, bargain collectively with the Union as the
exclusive representative of our employees in the Unit with respect to wages, hours, and
other terms and conditions of employment and, if an agreement is reached with the
Union, sign a document containing that agreement.
WE WILL, if requested by the Union, rescind any or all of the unilateral changes we
made to the terms and conditions of employment of our employees without first
notifying the Union or affording it an opportunity to bargain about this conduct and/or
the effects of this conduct, and, during the course of bargaining for a successor
collective-bargaining agreement, without reaching overall good-faith impasse, including
by: resuming our abidance by the “Exclusive Right to Refer” provision incorporated by
reference in our 2015 Memorandum of Agreement with the Union, ceasing to
subcontract Unit work, and ceasing to record negotiations with the Union.
CONFERENCE SERVICES INTERNATIONAL etc., LLC
d/b/a CSI etc.
The Board’s decision can be found at www.nlrb.gov/case/28-CA-172233 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 St., S.E., Washington, D.C. 20570,
or by calling (202) 273-1940.