Donato Marangi, Inc. Cottage Carting, Inc. and Advanced Waste d/b/a Marangi Disposal

National Labor Relations Board - Board Decisions

Feb 18, 2015

02-CA-098752 (N.L.R.B. Feb. 18, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DONATO MARANGI, INC.,
COTTAGE CARTING, INC., AND
ADVANCED WASTE SYSTEMS, INC.
and Case 02-CA-098752
RECYCLING & GENERAL INDUSTRIAL
LABORERS, LOCAL 108, AFL-CIO
DECISION AND ORDER
Statement of the Case
On December 23, 2014, Donato Marangi, Inc., Cottage Carting, Inc., and Advanced
Waste Systems, Inc. (the Respondents), Recycling & General Industrial Laborers, Local
108, AFL-CIO (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 entry of a consent order by the Board and a consent judgment by any appropriate
United States Court of Appeals. 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 Respondents waived their 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 Respondents’ businesses
At all material times, Donato Marangi, Inc. (Respondent Donato Marangi), a New
York State corporation with an office and place of business located at 175 Route 303,
Valley Cottage, New York, and a place of business located at 366 Highland Avenue Ext.,
Middletown, New York, is engaged in the non-retail collection of waste, recycling, and
other debris from residential and commercial customers.
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At all material times, Cottage Carting, Inc. (Respondent Cottage Carting), a New
York State corporation with an office and place of business located at 175 Route 303,
Valley Cottage, New York, and a place of business located at 366 Highland Avenue Ext.,
Middletown, New York, is engaged in the non-retail collection of waste, recycling, and
other debris from residential and commercial customers.
At all material times, Advanced Waste Systems, Inc. (Respondent Advanced
Waste), a New York State corporation with an office and place of business located at 175
Route 303, Valley Cottage, New York, and a place of business located at 366 Highland
Avenue Ext., Middletown, New York, is engaged in the non-retail collection of waste,
recycling, and other debris from residential and commercial customers.
Annually, Respondent Donato Marangi, in conducting its business operations
described above, provided services valued in excess of $50,000 to Rockland County Solid
Waste Authority, Waste Management of New York, and West Point Transfer Station,
enterprises within the State of New York that are each directly engaged in interstate
commerce.
Annually, Respondent Cottage Carting, in conducting its business operations
described above, provided services valued in excess of $50,000 to Rockland County Solid
Waste Authority, Waste Management of New York, and West Point Transfer Station,
enterprises.
Annually, Respondent Advanced Waste Systems, in conducting its business
operations described above, provided services valued in excess of $50,000 to Rockland
County Solid Waste Authority, Waste Management of New York, and West Point Transfer
Station, enterprises.
Respondent Donato Marangi, Respondent Cottage Carting, and Respondent
Advanced Waste are now, and have been at all material times, employers engaged in
commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
Recycling & General Industrial Laborers, Local 108, AFL-CIO (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 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 Respondents, Donato Marangi, Inc.,
Cottage Carting, Inc., and Advanced Waste Systems, Inc., Valley Cottage and Middletown,
New York, their officers, agents, successors, and assigns, shall jointly and severally
1. Cease and desist from
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(a) Unilaterally implementing policies affecting the terms and conditions of
employment of employees in the following appropriate unit (the bargaining unit) without
providing the Union prior notice and an opportunity to bargain, including but not limited to
implementing a policy that any employees who are deemed to be at fault for vehicular
accidents will be terminated unless they agree to pay for the damages:
All regular full-time and part-time employees employed by Respondents in
and out of the facilities located at 175 Route 303, Valley Cottage, New York
and/or 366 Highland Ave. Ext., Middletown, New York, or such employees
performing work in Orange and Rockland Counties, New York, or in New
Jersey.
(b) Making midterm modifications to the collective-bargaining agreement between
the Respondents and the Union without the Union’s consent, including but not limited to
deducting monies from the paychecks of employees in the bargaining unit for health
benefit contributions for a time when employees were not required to make any
contributions toward their health benefits.
(c) Bypassing the Union and dealing directly with employees in the bargaining unit
regarding their terms and conditions of employment, including but not limited to the
manner in which the Respondents would deduct monies from their paychecks for health
benefit contributions.
(d) In any manner interfering with, restraining, or coercing employees in the
exercise of the rights guaranteed to employees by Section 7 of the Act.
2. Take the following affirmative actions necessary to effectuate the policies of the
Act.
(a) To the extent that they have not already done so, within 14 days of the Board’s
Order, rescind the policy that employees in the bargaining unit who are deemed to be at
fault for vehicular accidents will be terminated unless they agree to pay for the damages.
(b) To the extent that they have not already done so, within 14 days of the Board’s
Order, make whole bargaining unit employees for any monies withheld from their
paychecks to pay for damage they may have caused to the Respondents’ vehicles.
(c) To the extent that they have not already done so, within 14 days of the Board’s
Order, make whole unit employees for any monies withheld from the paychecks of
employees in the bargaining unit to pay for health benefit contributions for a time when
employees were not required to make any contributions toward their health benefits.
(d) Within 14 days of service by the Region, post at its facility copies of the
attached Notice to Employees (notice). Copies of the notice, on forms provided by Region
2, after being signed by the Respondents’ authorized representatives, shall be posted by
the Respondents and maintained for 60 consecutive days in conspicuous places. The
Respondents will take reasonable steps to ensure that the notices are not altered,
defaced, or covered by any other material. In the event that, during the pendency of these
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proceedings, the Respondents have gone out of business or closed its facility, the
Respondents shall duplicate and mail, at their own expense, a copy of the notice to all
employees employed by the Respondents at any time during the period February 1, 2013
to the present.
(e) Within 21 days after service by the Region of the notice, file with the Regional
Director for Region 2 a sworn certification of a responsible official on a form provided by
the Region attesting to the steps that the Respondents have taken to comply.
Dated, Washington, D.C., February 18, 2015
___________________________________
Philip A. Miscimarra, Member
___________________________________
Kent Y. Hirozawa, Member
___________________________________
Harry I. Johnson, III, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX
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.
WE WILL NOT unilaterally and without notice to the Union or affording the Union an
opportunity to bargain, change the terms and conditions of employment of employees in
the following appropriate bargaining unit:
All regular full-time and part-time employees employed by Respondents in
and out of the facilities located at 175 Route 303, Valley Cottage, New York
and/or 366 Highland Ave. Ext., Middletown, New York, or such employees
performing work in Orange and Rockland Counties, New York, or in New
Jersey.
WE WILL NOT modify the terms of the collective-bargaining agreement between us and
the Union without obtaining the consent of the Union.
WE WILL NOT bypass your Union and deal directly with you concerning changes in your
terms and conditions of employment.
WE WILL NOT in any manner, interfere with, restrain, or coerce our employees in the
exercise of the rights listed above.
WE WILL, to the extent that we have not already done so, rescind the policy that unit
employees who are deemed to be at fault for vehicular accidents will be terminated unless
they agree to pay for the damages.
WE WILL, to the extent that we have not already done so, reimburse employees for any
monies withheld from their pay checks for damages caused to our vehicles.
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WE WILL, to the extent that we have not already done so, reimburse employees for any
monies withheld from their pay checks for health benefit contributions for a time when
employees were not required to make any contributions toward their health benefits.
DONATO MARANGI, INC.
(Employer)
COTTAGE CARTING, INC.
(Employer)
ADVANCED WASTE SYSTEMS, INC.
(Employer)
The Board’s decision can be found at www.nlrb.gov/case/02-CA-098752 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.