Empresas Velazquez, Inc. and Euro-Japon Auto Supply, Inc., a single employer

National Labor Relations Board - Unpublished Board Decisions

Jan 8, 2021

12-CA-251269 (N.L.R.B. Jan. 8, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EMPRESAS VELÁZQUEZ, INC. AND
EURO-JAPÓN AUTO SUPPLY, INC.,
A SINGLE EMPLOYER
and Cases 12-CA-251269
12-CA-258247
INTERNATIONAL ASSOCIATION OF 12-CA-260353
MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO
DECISION AND ORDER
Statement of the Cases
On November 16, 2020, Empresas Velázquez, Inc. (Respondent Empresas
Velázquez) and Euro-Japón Auto Supply, Inc. (Respondent Euro-Japón) (collectively
the Respondent), a single employer; International Association of Machinists and
Aerospace Workers, 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.
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 Respondent’s business
Respondent Empresas Velázquez has been a Puerto Rico corporation with an
office and place of business located in Cupey Bajo, San Juan, Puerto Rico, and has
been engaged in the wholesale distribution and retail sale of motor vehicle supplies,
accessories, tools and equipment. During the past 12 months, Respondent Empresas
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Velázquez, in conducting its operations, derived gross revenues in excess of $500,000
and purchased and received at its facility in the Commonwealth of Puerto Rico goods
valued in excess of $50,000 directly from points outside the Commonwealth of Puerto
Rico.
Respondent Euro-Japón has been a Puerto Rico corporation with an office and
place of business in Rio Piedras, Puerto Rico, and has been engaged in the wholesale
distribution and retail sale of motor vehicle supplies, accessories, tools, and equipment.
During the past 12-months, Respondent Euro-Japón, in conducting its operations,
derived gross revenues in excess of $500,000 and purchased and received at its facility
in the Commonwealth of Puerto Rico goods valued in excess of $50,000 directly from
points outside the Commonwealth of Puerto Rico.
Respondent Empresas Velázquez and Respondent Euro-Japón 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.
Respondent Empresas Velázquez and Respondent Euro-Japón have been
affiliated business enterprises with common officers, ownership, directors,
management, and supervision; have formulated and administered a common labor
policy; have shared common premises and facilities; have provided services for and
made sales to each other; have interchanged personnel with each other; have
interrelated operations with common wholesale distribution and retail sales; and have
held themselves out to the public as a single integrated business enterprise. Based on
their operations, Respondent Empresas Velázquez and Respondent Euro-Japón
constitute a single-integrated business enterprise and a single employer within the
meaning of the Act.
2. The labor organization involved
International Association of Machinists and Aerospace Workers, AFL-CIO 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 Respondent, Empresas Velázquez, Inc.,
Cupey Bajo, San Juan, Puerto Rico, and Euro-Japón Auto Supply, Inc., Rio Piedras,
Puerto Rico, its officers, agents, successors, and assigns shall
1. Cease and desist from
(a) Failing or refusing to meet and bargain in good faith at reasonable times and
places with International Association of Machinists and Aerospace Workers, AFL-CIO
(the Union) as the exclusive collective-bargaining representative of the Respondent’s
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employees in the below-described appropriate bargaining unit, concerning rates of pay,
wages, hours of work, and other terms and conditions of employment of unit employees:
All regular full-time and part-time salesmen employed by the Respondent at its
facilities located at 845 Street KM .6, Cupey Bajo, San Juan, PR and Urb.
Industrial Victor Fernandez, Calle 1 Lote 10, Rio Piedras, Puerto Rico, excluding
all other employees, clerical employees, warehouse employees, managers and
supervisors as defined in the Act.
(b) Changing assignments of routes or customers to unit employees, reducing
the compensation of unit employees, laying off or failing to recall unit employees,
reclassifying unit employees as non-unit employees, assigning unit work to non-unit
employees or personnel, or making other changes to the wages, hours, and other terms
and conditions of employment of employees in the above unit, without first giving the
Union notice and an opportunity to bargain with the Respondent with respect to this
conduct and/or the effects of this conduct, and, to the extent required by law, without
first reaching a collective-bargaining agreement with the Union or bargaining with the
Union to an overall impasse in negotiations for a collective-bargaining agreement.
(c) Failing to cloak the Respondent’s bargaining representatives with authority to
enter into binding agreements with respect to negotiations for a collective-bargaining
agreement with the Union.
(d) Failing or refusing to furnish, or unreasonably delaying in furnishing the
Union with requested information that is relevant and necessary to the Union’s
performance of its functions as the collective-bargaining representative of the
Respondent’s employees in the above-described bargaining unit.
(e) In any like or related manner interfering with, restraining, or coercing its
employees in the exercise of the rights guaranteed under Section 7 of the Act.
2. Take the following affirmative actions necessary to effectuate the policies of
the Act:
(a) By no later than November 20, 2020, offer José A. Adorno Román, Pedro
Cebollero Badillo, Manuel X. Cruz Ramos, Antonio Díaz Belgodere, Wilson Guzmán
Postigo, Edgardo Negrón Oliveras, Angel L. Pérez Serrano, Antonio Riquelme Muñiz,
Juan C. Rivera Juanatey, Samuel Vázquez Muñiz, and Juan Vergara Cruz immediate
and full reinstatement to their former jobs, without prejudice to their seniority or any
other rights or privileges previously enjoyed.1
1 If the Respondent fails to comply with the terms of paragraph 2(a) of this Order by
November 20, 2020, then the Respondent is required to do so within 14 days from the
date of issuance of the Board’s Order herein, to the extent not already done.
4
(b) By no later than November 20, 2020, reclassify employees Anibal Rios and
Mario Navarro to the bargaining unit job classification of salesman, and restore to unit
employees all unit work that had been transferred to non-unit employees or personnel
since April 1, 2020.2
(c) In accordance with the terms of the below Backpay Installment Terms made
a part hereof, make whole José A. Adorno Román, Pedro Cebollero Badillo, Manuel X.
Cruz Ramos, Antonio Díaz Belgodere, Wilson Guzmán Postigo, Edgardo Negrón
Oliveras, Angel L. Pérez Serrano, Antonio Riquelme Muñiz, Juan C. Rivera Juanatey,
Samuel Vázquez Muñiz, and Juan Vergara Cruz for any loss of earnings and other
benefits resulting from their layoffs, the reclassification of unit employees as non-unit
employees, and assignment of unit work to non-unit employees or personnel, since April
1, 2020, and changes in the assignments of routes and customers and the reduction of
compensation since September 27, 2019, less any net interim earnings, plus interest,
and for reasonable search-for-work and interim employment expenses, plus interest, by
payment to them of the amounts opposite each of their names.3 The Respondent will
make proper tax withholding from the backpay amounts, pay its matching FICA tax
contributions on the backpay amounts, submit proper tax payments and reports to tax
authorities, and provide a tax report to the employees to use in filing of their income tax
returns. No withholdings shall be made from the interest payments. The Respondent
shall deliver all payments to National Labor Relations Board, Subregion 24, 525 F.D.
Roosevelt Avenue, La Torre de Plaza, Suite 1002, San Juan, Puerto Rico 00918-1002,
so that the payments are received in accordance with the terms of the Backpay
Installment Payment Agreement attached hereto and marked “Appendix A.”4
2 If the Respondent fails to comply with the terms of paragraph 2(b) of this Order by
November 20, 2020, then the Respondent is required to do so within 14 days from the
date of issuance of the Board’s Order herein.
3 If any of the named employees entitled to make whole relief cannot be located within
one year of receipt of payment by Subregion 24, the Regional Director will have sole
discretion to redistribute the amounts for the missing individual(s) to the located
individuals who are entitled to make whole relief, provided no individual receives more
than 100% of the backpay or other remedial monies he or she is owed.
4 If the Respondent fails to comply with the terms of paragraphs 2(a), 2(b) and/or 2(c) of
this Order in accordance with the terms of the attached Backpay Installment Payment
Agreement marked “Appendix A”, then, to the extent not already paid, the Respondent
shall make whole José A. Adorno Román, Pedro Cebollero Badillo, Manuel X. Cruz
Ramos, Antonio Díaz Belgodere, Wilson Guzmán Postigo, Edgardo Negrón Oliveras,
Angel L. Pérez Serrano, Antonio Riquelme Muñiz, Juan C. Rivera Juanatey, Samuel
Vázquez Muñiz, and Juan Vergara Cruz by payments of the amounts set forth in the
Backpay Installment Agreement attached hereto and marked “Appendix A,” plus make
whole said employees for any additional loss of earnings and other benefits resulting
from the Respondent’s: (a) failure to recall them to work from April 1, 2020, until those
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(d) Within 14 days from the date of the Board’s Order, compensate José A.
Adorno Román, Pedro Cebollero Badillo, Manuel X. Cruz Ramos, Antonio Díaz
Belgodere, Wilson Guzmán Postigo, Edgardo Negrón Oliveras, Angel L. Pérez Serrano,
Antonio Riquelme Muñiz, Juan C. Rivera Juanatey, Samuel Vázquez Muñiz, and Juan
Vergara Cruz for the adverse tax consequences, if any, of receiving lump-sum backpay
awards, and file with the Regional Director for Region 12, within 21 days of the date the
amount of backpay is fixed, a report allocating the backpay awards to the appropriate
calendar years for each employee.5
(e) Within 14 days from the date of the Board’s Order, remove from its records
all references to the layoffs of José A. Adorno Román, Pedro Cebollero Badillo, Manuel
X. Cruz Ramos, Antonio Díaz Belgodere, Wilson Guzmán Postigo, Edgardo Negrón
Oliveras, Angel L. Pérez Serrano, Antonio Riquelme Muñiz, Juan C. Rivera Juanatey,
Samuel Vázquez Muñiz, and Juan Vergara Cruz, and within three days thereafter, notify
them in writing that this has been done and their layoffs will not be used against them in
any way.
(f) Upon request from the Union, bargain with the Union about the effects of the
changes to the assignments of routes and customers of unit employees that were made
on or about September 27, 2019.
(g) Upon request, meet and bargain in good faith with the Union at reasonable
times and places with respect to wages, hours and other terms and conditions of
employment of its employees in the above-described bargaining unit until a complete
collective-bargaining agreement or a bona fide impasse in bargaining is reached, or
employees receive valid offers of reinstatement, (b) failure to restore to unit employees
all unit work that was transferred to non-unit employees or personnel since April 1,
2020; and (c) failure to rescind reductions in the compensation of Manuel X. Cruz
Ramos and Juan C. Rivera Juanatey resulting from changes in their assignments of
routes and customers since September 27, 2019, less any net interim earnings paid,
plus interest, and shall make whole said employees for reasonable search-for-work and
interim employment expenses, plus interest. Backpay shall be computed in accordance
with F.W. Woolworth Co., 90 NLRB 289 (1950), with interest as prescribed in New
Horizons, 283 NLRB 1173 (1987), compounded daily as prescribed in Kentucky River
Medical Center, 356 NLRB 6 (2010). In accordance with King Soopers, Inc., 364 NLRB
No. 93 (2016), enfd. in pertinent part 859 F.3d 23 (D.C. Cir. 2017), affected employees
shall be compensated for their search-for-work and interim employment expenses
regardless of whether those expenses exceed interim earnings. Search-for-work and
interim employment expenses shall be calculated separately from taxable net backpay,
with interest at the rate prescribed in New Horizons, supra, compounded daily as
prescribed in Kentucky River Medical Center, supra.

5 See AdvoServ of New Jersey, Inc., 363 NLRB No. 143 (2016). The compensation
requirement of paragraph 2(d) shall be satisfied by full compliance with the terms of the
Backpay Installment Payment Agreement attached hereto and marked “Appendix A.”
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until the Union agrees to a respite in bargaining, and if an understanding is reached,
embody the understanding in a signed written agreement with the Union. Upon the
Union’s request, bargaining sessions shall be held between the Respondent and the
Union for a minimum of twenty (20) hours per month, and for at least five (5) hours per
bargaining session, or, in the alternative, on another schedule to which the Union
agrees. There is no maximum amount of time per month or per bargaining session
during which bargaining shall be held. To ensure that the employees in the above
bargaining unit are accorded the services of the Union, their selected bargaining agent,
for the period provided by law, the Board shall construe the initial period of the
certification of the Union as beginning on the date the Respondent begins to bargain in
good faith with the Union.6
(h) Prepare written bargaining progress reports every fifteen (15) days and
promptly submit them to the Regional Director for Region 12 and serve the reports on
the Union.
(i) Within 14 days of the date of the Board’s Order, furnish the Union with the
following information that it requested on April 24, 2020:
(1) Who makes the sales and collections at this time during Covid-19?
(2) From the beginning of the quarantine to the present, copies of the payrolls of
the companies for each salesperson.
(3) Copies of sales orders generated from the Respondent’s website or other
order method and billing.
(4) Copies of pickup orders picked up at the warehouse and delivered to
customers by any delivery company.
(j) Within 14 days of the date of the Board’s Order, furnish the Union with the
following information that it requested on May 22, 2020:
(1) Who did the analysis of the economic situation affecting the Respondent, as
mentioned by the Respondent in its April 30, 2020 letter?
(2) When was it decided to perform the analysis of the economic situation
affecting the Respondent?
(3) Who gave the order to perform the analysis of the economic situation
affecting the Respondent?
6 Mar-Jac Poultry Co., 136 NLRB 785 (1962); accord Burnett Construction Co., 149
NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965); Lamar Hotel, 140 NLRB
226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817 (1964).
7
(4) Copies of any documents explaining the parameters or results of the
"analysis of the economic situation affecting [the] Respondent.”
(5) Regarding the Respondent’s May 19, 2020 letter, who decided the
“technological changes” to be implemented?
(6) Regarding the Respondent’s May 19, 2020 letter, who gave the order to
implement the technological changes?
(7) Regarding the Respondent’s May 19, 2020 letter, what are the alternatives
that were evaluated by the Respondent?
(8) Why did the Respondent decide not to select the alternatives it evaluated?
(9) Copies of any documents showing the “alternatives” that were evaluated by
the Respondent.
(10) Regarding the Respondent’s May 19, 2020 letter, any documents that show
the structure of the sales department before making the "technological changes,"
such as a schematic departmental organization, including, if they exist, the job
descriptions for the salespersons.
(11) Regarding the Respondent’s May 19, 2020 letter, any document(s) showing
the structure of the sales department after making the "technological changes,"
such as, for example, an outline of departmental organization.
(12) Regarding the Respondent’s May 19, 2020 letter, documents showing the
decision to "restructure" the sales or showing changes in the sales department,
including any analysis, studies, audits, or summaries with respect to these
decisions, including whether they concern the financial or competitive standing of
the business.
(13) Regarding the Respondent’s May 19, 2020 letter, explain what you mean by
the phrase “the increasing tendency of our clients to adapt to the technological
changes.”
(14) When was the last time that your clients adopted a technological change
that resulted in the layoff of salespersons?
(k) Within 14 days of service by the Region, post at its facilities located at 845
Street KM. 6, Cupey Bajo, San Juan, Puerto Rico and Urb. Industrial Victor Fernandez,
Calle 1 Lote 10, Rio Piedras, Puerto Rico, copies of the attached notice marked
“Appendix B” in both English and Spanish. Copies of the notice, on forms provided by
the Region after being signed by the Respondent’s authorized representative, shall be
posted by the Respondent immediately upon receipt and maintained for 60 consecutive
days in conspicuous places, including all places where notices to employees are
8
customarily posted. If the Respondent’s place of business is currently closed and a
substantial number of employees are not reporting to the facility due to the Coronavirus
pandemic or is operating with less than a substantial complement of employees, the 60
consecutive day period for posting will begin when the Respondent’s place of business
reopens and a substantial complement of employees have returned to work. For
purposes of this notice posting, a substantial complement of employees is at least 50%
of the total number of employees employed by the Respondent prior to closing its
business due to the Coronavirus pandemic. The Respondent will keep all Notices
posted for 60 consecutive days after the initial posting. In addition to physical posting of
paper notices, the Respondent shall distribute notices electronically, by email, posting
on an intranet or internet site, and/or other electronic means, if the Respondent
customarily communicates with its employees by such means. The Respondent 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 proceedings, the
Respondent has gone out of business or closed any of the facilities involved in these
proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the
notice to all current and former employees in the above bargaining unit employed by the
Respondent at any time since September 27, 2019.
(l) Preserve and, within 14 days of a request by the Region, or such additional
time as the Regional Director may allow for good cause shown, provide at a reasonable
place designated by the Board or its agents, all sales records, records of commission
payments, payroll records, social security payment records, timecards, personnel
records and reports, and all other records, including an electronic copy of such records
if stored in electronic form, necessary to analyze the amount of backpay due under the
terms of this Order.
(m) Within 21 days after service by the Region, the Respondent shall 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., January 8, 2021.
_____________________________________
John F. Ring, Chairman
_____________________________________
Marvin E. Kaplan, Member
_____________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A - BACKPAY INSTALLMENT PAYMENT AGREEMENT
In full satisfaction of all monetary obligations owed in Cases 12-CA-251269, 12-CA-
258247 and 12-CA-260353, Empresas Velázquez, Inc. and Euro-Japón Auto
Supply, Inc. shall pay backpay in the total amount of $205,039.26 (including applicable
interest and excess tax), in 3 monthly installment payments, until fully paid. The first
installment payment shall be in the total amount of $83,328.61, the second installment
payment shall be in the total amount of $60,855.33, and the third and final installment
payment shall be made in the total amount of $60,855.33. The payments shall be made
on or before the following due dates:
Payment No. Due Date
1 November 20, 2020
2 December 21, 2020
3 January 20, 2021
Empresas Velázquez, Inc. and Euro-Japón Auto Supply, Inc. shall make the
installment payments to the employees in the amounts set forth opposite their
respective names on the below chart:
Name of Employee
Payment No.
1 (Backpay)
Payment No.
1 (Interest &
Excess Tax)
Payment No.
2 (Backpay)
Payment No.
3 (Backpay)
José A. Adorno
Román
$5,966.44 $122.73 $4,474.83 $4,474.83
Pedro Cebollero
Badillo
$2,901.80 $54.85 $2,176.34 $2,176.34
Manuel X. Cruz
Ramos
$12,420.34 $435.29 $9,315.02 $9,315.02
Antonio Díaz
Belgodere
$8,887.39 $181.21 $6,665.54 $6,665.54
Wilson Guzmán
Postigo
$5,250.95 $107.28 $3,938.21 $3,938.21
Edgardo Negrón
Oliveras
$5,718.01 $113.47 $4,288.50 $4,288.50
Angel L. Pérez
Serrano
$6,813.76 $132.67 $5,110.32 $5,110.32
Antonio Riquelme
Muñiz
$3,384.32 $66.98 $2,538.24 $2,538.24
Juan C. Rivera
Juanatey
$20,929.00 $776.95 $15,696.75 $15,696.75
Samuel Vázquez
Molina
$1,635.51 $45.17 $1,226.63 $1,226.63
Juan Vergara Cruz $7,233.26 $151.56 $5,424.94 $5,424.94
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In consideration of the Board granting this installment payment schedule, Empresas
Velázquez, Inc. and Euro-Japón Auto Supply, Inc., further agrees that in the event of
any failure to make a scheduled payment, and to cure any such failure within fourteen
(14) days, the total amount of backpay, interest and excess tax liability shall become
immediately due and payable.
EMPRESAS VELÁZQUEZ, INC. AND
EURO-JAPÓN AUTO SUPPLY, INC.,
A SINGLE EMPLOYER
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APPENDIX B
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 fail or refuse to meet and bargain in good faith at reasonable times and
places with International Association of Machinists and Aerospace Workers, AFL-CIO
(the Union) as the exclusive collective-bargaining representative of our employees in
the below-described appropriate bargaining unit, concerning rates of pay, wages, hours
of work, and other terms and conditions of employment of unit employees:
All regular full-time and part-time salesmen employed by the Employer at its
facilities located at 845 Street KM .6, Cupey Bajo, San Juan, PR and Urb.
Industrial Victor Fernandez, Calle 1 Lote 10, Rio Piedras, Puerto Rico, excluding
all other employees, clerical employees, warehouse employees, managers and
supervisors as defined in the Act.
WE WILL NOT change assignments of routes or clients of unit employees, reduce the
compensation of unit employees, lay off or fail to recall unit employees, reclassify unit
employees as non-unit employees, assign unit work to non-unit employees or
personnel, or make other changes to the wages, hours, and other terms and conditions
of employment of employees in the above unit, without first giving the Union notice and
an opportunity to bargain with us with respect to this conduct and/or the effects of this
conduct, and, to the extent required by law, without first reaching a collective-bargaining
agreement with the Union or bargaining with the Union to an overall impasse in
negotiations for a collective-bargaining agreement.
WE WILL NOT fail to cloak our bargaining representatives with authority to enter into
binding agreements with respect to negotiations for a collective-bargaining agreement
with the Union.
WE WILL NOT fail or refuse to furnish, or unreasonably delay in furnishing, the Union
with requested information that is relevant and necessary to the Union’s performance of
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its function as the exclusive collective-bargaining representative of our employees in the
above-bargaining unit.
WE WILL NOT in any like or related manner interfere with, restrain or coerce
employees in the exercise of the rights listed above.
WE WILL offer José A. Adorno Román, Pedro Cebollero Badillo, Manuel X. Cruz
Ramos, Antonio Díaz Belgodere, Wilson Guzmán Postigo, Edgardo Negrón Oliveras,
Angel L. Pérez Serrano, Antonio Riquelme Muñiz, Juan C. Rivera Juanatey, Samuel
Vázquez Muñiz, and Juan Vergara Cruz 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.
WE WILL reclassify Anibal Rios and Mario Navarro to the bargaining unit job
classification of salesman, and restore to unit employees all unit work that was
transferred to non-unit employees or personnel since April 1, 2020.
WE WILL make whole José A. Adorno Román, Pedro Cebollero Badillo, Manuel X.
Cruz Ramos, Antonio Díaz Belgodere, Wilson Guzmán Postigo, Edgardo Negrón
Oliveras, Angel L. Pérez Serrano, Antonio Riquelme Muñiz, Juan C. Rivera Juanatey,
Samuel Vázquez Muñiz, and Juan Vergara Cruz for any loss of earnings and other
benefits resulting from their layoffs and our failure to recall them to work since April 1,
2020, changes in the assignments of their routes or clients and reduction of their
compensation since September 27, 2019, and the reclassification of unit employees as
non-unit employees and assignment of unit work to non-unit employees or personnel
since April 1, 2020, less any net interim earnings, plus interest, and WE WILL also
make those employees whole for reasonable search-for-work and interim employment
expenses, plus interest.
WE WILL compensate José A. Adorno Román, Pedro Cebollero Badillo, Manuel X.
Cruz Ramos, Antonio Díaz Belgodere, Wilson Guzmán Postigo, Edgardo Negrón
Oliveras, Angel L. Pérez Serrano, Antonio Riquelme Muñiz, Juan C. Rivera Juanatey,
Samuel Vázquez Muñiz, and Juan Vergara Cruz for the adverse tax consequences, if
any, of receiving lump-sum backpay awards, and file with the Regional Director for
Region 12, within 21 days of the date the amount of backpay is fixed, a report allocating
the backpay awards to the appropriate calendar years for each employee.
WE WILL remove from our records all references to the layoffs of José A. Adorno
Román, Pedro Cebollero Badillo, Manuel X. Cruz Ramos, Antonio Díaz Belgodere,
Wilson Guzmán Postigo, Edgardo Negrón Oliveras, Angel L. Pérez Serrano, Antonio
Riquelme Muñiz, Juan C. Rivera Juanatey, Samuel Vázquez Muñiz, and Juan Vergara
Cruz, and within three days thereafter, notify them in writing that this has been done and
their layoffs will not be used against them in any way.
13
WE WILL, upon request from the Union, bargain with the Union about the effects of the
changes to the assignments of routes and customers of unit employees that were made
on or about September 27, 2019.
WE WILL meet and bargain in good faith with the Union, at reasonable times and
places with respect to wages, hours and other terms and conditions of employment of
its employees in the above-described bargaining unit until a complete collective-
bargaining agreement or a bona fide impasse in bargaining is reached, or until the
Union agrees to a respite in bargaining, and if an understanding is reached, WE WILL
embody the understanding in a signed written agreement with the Union. Upon the
Union’s request, bargaining sessions shall be held for a minimum of twenty (20) hours
per month, and for at least five (5) hours per bargaining session, or, in the alternative,
on another schedule to which the Union agrees. There is no maximum amount of time
per month or per bargaining session during which bargaining shall be held. The initial
year of certification of the Union has been extended for an additional 12 months from
the date we begin to bargain in good faith with the Union.
WE WILL prepare written bargaining progress reports every fifteen (15) days and
promptly submit them to the Regional Director for Region 12 and serve copies of the
reports on the Union.
WE WILL promptly furnish the Union with the information that it requested on April 24,
2020 and May 22, 2020.
EMPRESAS VELÁZQUEZ, INC. and
EURO-JAPÓN AUTO SUPPLY, INC.,
a Single Employer
The Board’s decision can be found at https://www.nlrb.gov/case/12-CA-251269 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.