Emes Bedding

National Labor Relations Board - Administrative Judge Opinions

Jul 22, 2005

04-CA-033172 (N.L.R.B. Jul. 22, 2005)

JD–59–05
Philadelphia, PA

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DIVISION OF JUDGES

FURNITURE DIRECT, INC.
d/b/a EMES BEDDING

and Case Nos. 4-CA-33172
4-CA-33602

INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
LOCAL 837, AFL-CIO

Errata

On July 14, 2005, I issued my decision in the above matter. I inadvertently left out the
6 month extension of the Union’s certification year from my recommended order in the decision,
although I had included the 6 month extension of the certification year in the remedy section and
notice of the decision. I am correcting this error by reissuing the recommended order as set
forth below to be substituted for the order contained in the July 14, 2005 decision.

ORDER

The Respondent, Furniture Direct, Inc., d/b/a EMES Bedding of Philadelphia,
Pennsylvania, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain in good faith with the International Brotherhood of Teamsters,
Local 837, AFL-CIO by: refusing to meet at reasonable times and with reasonable frequency;
canceling scheduled meetings; failing to come prepared for meetings or meet for sufficient
periods of time; failing to return the Union’s phone calls; and failing to reply to correspondence
from the Union. The appropriate collective-bargaining unit consists of the following employees:
All full time and regular part-time production, warehouse and maintenance employees
employed by Respondent at its 620 East Erie Avenue, Philadelphia, PA facility;
excluding all drivers, professional employees, sales employees, office clerical
employees, guards and supervisors as defined in the Act.
(b) 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 to effectuate the policies of the Act.
(a) On request, bargain collectively and in good faith concerning wages, hours, and
other terms and conditions of employment with the Union as the exclusive representative of
employees in the above-described unit, as if the initial certification has been extended for an
additional 6 months from the commencement of bargaining, and embody any understanding
reached in a signed agreement.
(b) Within 14 days after service by Region 4, post at its facility in Philadelphia,
Pennsylvania, copies of the attached notice marked "Appendix."1 Copies of the notice, on forms
Continued
1 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 Relations Board” shall read “Posted
Pursuant to a Judgment of the United Stated Court of Appeals Enforcing and Order of the

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provided by the Regional Director for Region 4, 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. In the event that, during the
pendency of these proceedings, the Respondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former employees employed by the Respondent
on or after March 26, 2004.
(c) 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.

Dated, Washington, D.C. July 22, 2005

_____________________
Eric M. Fine
Administrative Law Judge

National Labor Relations Board.”