Foley Electric Inc.

National Labor Relations Board - Unpublished Board Decisions

Apr 11, 2017

20-CA-177144 (N.L.R.B. Apr. 11, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FOLEY ELECTRIC, INC.
and Cases 20-CA-177144
20-CA-186770
INTERNATIONAL BROTHERHOOD OF 20-CA-189970
ELECTRICAL WORKERS, LOCAL
UNION 332, AFL-CIO
DECISION AND ORDER
Statement of the Cases
On February 16, 2017, Foley Electric, Inc. (the Respondent), International
Brotherhood of Electrical Workers, Local Union 332, 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 Respondent waived its right to contest the entry of a consent judgment or to
receive further notice of the application therefor.
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
(a) The Respondent is a corporation with an office and place of business in
Redwood City, California (the Respondent’s facility), and has been engaged in the
business of providing electrical contracting services.
(b) During the twelve-month period ending November 30, 2016, the Respondent, in
conducting its operations described above, derived gross revenues in excess of $500,000
and purchased and received goods valued in excess of $5,000 from points outside the
State of California.
(c) At all material times, the Respondent has been an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7) of the Act.
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2. The labor organization involved
At all material times, the Union has been a labor organization within the meaning of
Section 2(5) of the Act.
3. The bargaining unit
(a) The following employees of the Respondent (the unit) constitute a unit
appropriate for the purpose of collective bargaining under the meaning of Section 9(b) of
the Act:
All regular full-time and part-time persons employed by the Employer,
engaged in or assisting in the performance of commercial, low voltage
service, and/or residential electrical work, including but not limited to the
general foreperson for residential work, forepersons, lead persons,
journeypersons, electricians, trainee electricians, apprentice electricians,
service technicians, and material handlers; excluding all other employees,
office clericals, guards, the general foreperson for commercial work and
other supervisors as defined in the Act.
(b) On May 20, 2014, a representation election was conducted among the
employees in the unit and, on May 12, 2015, the Union was certified as the exclusive
collective-bargaining representative of the unit. At all times since May 12, 2015, based on
Section 9(a) of the Act, the Union has been the exclusive collective-bargaining
representative of the unit.
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, Foley Electric, Inc., Redwood City, California, its officers, agents,
successors, and assigns, shall:
1. Cease and desist from
(a) Refusing to recognize and bargain in good faith with the Union in the following
appropriate unit (the unit):
All regular full-time and part-time persons employed by the
Employer, engaged in or assisting in the performance of
commercial, low voltage service, and/or residential electrical
work, including but not limited to the general foreperson for
residential work, forepersons, lead persons, journeypersons,
electricians, trainee electricians, apprentice electricians, service
technicians, and material handlers; excluding all other
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employees, office clericals, guards, the general foreperson for
commercial work and other supervisors as defined in the Act.
(b) Making changes to terms and conditions of employment of unit employees
without first notifying the Union and affording it in good faith an opportunity to bargain over
them, including, but not limited to, changing wages and increasing the use of temporary
employees.
(c) Engaging in conduct intended to avoid its obligation to recognize and bargain
with the Union, including, but not limited to, increasing its use of temporary workers, and
bargaining in bad faith.
(d) Refusing to provide and/or delaying in providing the Union with requested
relevant information related to bargaining and/or its role as the employees’ exclusive
collective-bargaining representative.
(e) Engaging in bad-faith bargaining by conduct including, but not limited to,
starting meetings unreasonably late, ending meetings unreasonably early, canceling
meetings without good cause, refusing to establish a regular meeting schedule, bargaining
without a representative with actual authority to negotiate and reach agreement, delaying
in providing proposals/counterproposals, and refusing to discuss certain topics of
bargaining.
(f) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of their Section 7 rights.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Upon the Union’s request, recognize and bargain with the Union as the
exclusive collective-bargaining representative of the employees in the unit with respect to
rates of pay, wages, hours of employment, and other conditions of employment, and, if an
understanding is reached, reduce it to writing and sign it.
(b) Bargain in good faith with the Union on request as the recognized bargaining
representative of the unit for the period of time required by Mar-Jac Poultry Co., 136 NLRB
785, 786-87 (1962), or as otherwise provided in part 2(c) below.
(c) Establish a bargaining schedule with the Union of not less than 24 hours per
month for at least six hours per session, or another mutually agreeable schedule, until a
complete collective-bargaining agreement or a good-faith impasse is reached.
(d) Within 14 days of the Board’s Order and upon request of the Union, rescind any
and all unilateral changes to terms and conditions of employment implemented after May
12, 2015, for bargaining unit employees (including any newly hired employees), including,
but not limited to, those relating to wage rates.
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(e) Provide the Union with the following information that it requested from the
Respondent: list of job locations including job numbers, job descriptions, and job
addresses.
(f) Within 14 days of service by the Region, post at its Redwood City facility copies
of the attached Notice marked “Appendix A.” Copies of the Notice, on forms provided by
Region 20, after being signed by the Respondent’s authorized representative, shall be
posted for a period of sixty (60) days in conspicuous places, including all places where
notices to its employees are normally posted. 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 their 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 ceased operations at its Redwood City facility for the season or any other
reason, 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 at any time
since May 12, 2015.
(g) At a mandatory meeting or meetings scheduled during working time to ensure
the widest possible employee attendance, the Respondent’s representatives Scott
Zeltmann and/or John Philpott shall read the Notice to employees during work time in the
presence of a Board agent. Alternatively, the Respondent shall promptly have a Board
agent read the Notice to employees during work time in the presence of the Respondent’s
owners Scott Zeltmann and John Philpott.
(h) Within twenty (20) days of the issuance of the Board’s Order, file with the
Regional Director of Region 20 of the Board, a sworn affidavit from a responsible official
describing with specificity the manner in which the Respondent has complied with the
terms of the Board’s Order, including the locations of the posted documents.

Dated, Washington, D.C., April 11, 2017
___________________________________
Philip A. Miscimarra, Acting Chairman
___________________________________
Mark Gaston Pearce, Member
___________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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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.
WE WILL NOT refuse to bargain in good faith with International Brotherhood of Electrical
Workers Local Union 332 as the exclusive collective bargaining representative of our
employees in the following appropriate unit:
All regular full-time and part-time persons employed by the Employer,
engaged in or assisting in the performance of commercial, low voltage
service, and/or residential electrical work, including but not limited to the
general foreperson for residential work, forepersons, lead persons,
journeypersons, electricians, trainee electricians, apprentice electricians,
service technicians, and material handlers; excluding all other employees,
office clericals, guards, the general foreperson for commercial work and
other supervisors as defined in the Act.
WE WILL NOT refuse to meet and bargain in good faith with the Union regarding any
proposed changes in wages, hours and working conditions including increasing our use of
temporary employees, before putting such changes into effect.
WE WILL NOT fail or refuse to bargain in good faith with the Union for a collective-
bargaining agreement covering employees in the unit described above.
WE WILL NOT withdraw recognition from the Union or refuse to recognize and bargain
with the Union as your bargaining representative.
WE WILL NOT refuse to provide the Union with information or unreasonably delay in
providing the Union with information that is relevant and necessary to its role as your
bargaining representative.
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WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL provide the Union with the information it requested on May 26, 2016 and
clarified on June 6, 2016, regarding a list of job locations including job numbers, job
descriptions, and job addresses.
WE WILL, if requested by the Union, rescind any or all changes to your terms and
conditions of employment that we made without bargaining with the Union.
WE WILL, on request, bargain with the Union and put in writing and sign any agreement
reached on terms and conditions of employment for our employees in the unit described
above.
WE WILL, upon request, bargain in good faith with International Brotherhood of Electrical
Workers Local Union 332 as the exclusive collective-bargaining representative of our unit
employees.
FOLEY ELECTRIC, INC.
The Board’s decision can be found at www.nlrb.gov/case/20-CA-177144 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 Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.