Ohio V.I., Inc., d/b/a Little Caesars

National Labor Relations Board - Board Decisions

Apr 11, 2017

08-CA-181629 (N.L.R.B. Apr. 11, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
OHIO V.I., INC. d/b/a LITTLE CAESARS
and Case 08-CA-181629
LEIRIMAR RODRIGUEZ
OHIO V.I., INC. d/b/a LITTLE CAESARS
and Case 08-CA-181658
LUIS RAMOS
DECISION AND ORDER
Statement of the Cases
On January 23, 2017, Ohio V.I., Inc. d/b/a Little Caesars (the Respondent),
Charging Parties Leirimar Rodriguez and Luis Ramos, 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 parties
waived their rights 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) At all material times, the Respondent has been a Michigan corporation with an
office and place of business in Lorain, Ohio (the Respondent’s facility), and has been
operating a public restaurant selling food and beverages.
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(b) Annually, in conducting its operations, as described above in paragraph 1(a),
the Respondent purchased and received at its Lorain, Ohio facility goods and materials
valued in excess of $50,000 directly from points outside the State of Ohio.
(c) At all material times, the Respondent has been an employer engaged in
commerce within the meaning of Section 2(2), 2(6), and 2(7) 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, Ohio V.I., Inc. d/b/a Little
Caesars, Lorain, Ohio, its officers, agents, successors and assigns, shall
1. Cease and desist from
(a) Interfering with, restraining, or coercing employees in the exercise of rights
guaranteed by Section 7 of the Act.
(b) Retaliating against employees for talking about their terms and conditions of
employment, including scheduling and shift exchange practices or engaging in other
concerted activities with respect to their terms and conditions of employment.
(c) Removing employees from their schedule and discharging employees in
retaliation for their concerted activities.
(d) In any other manner, interfering with, restraining or coercing employees in the
exercise of their Section 7 rights under the Act.
2. Take the following affirmative actions necessary to effectuate the policies of the
Act.
(a) Within 14 days from the date of the Board's Order, make Leirimar Rodriguez
and Luis Ramos whole for their loss of earnings resulting from the Respondent’s July 24,
2016 action of removing them from the schedule and discharging them on July 25, 2016
because Rodriguez and Ramos engaged in concerted activities. Rodriguez is to be paid
$500.00. Ramos is to be paid $1,100.00. Rodriguez and Ramos are not seeking
reinstatement to their former positions.
(b) Within 14 days from the date of the Board’s Order, provide Rodriguez and
Ramos with written confirmation that any records of their removal from the schedule and
their discharges have been expunged from all of the Respondent’s files.
(c) Within 14 days of service by the Region, post at the Respondent’s facility copies
of the attached notice, marked Appendix A. Copies of the notice, on forms provided by the
Region, after being signed by the Respondent’s authorized representatives, 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. The Respondent
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will take reasonable steps to ensure that the notices are not altered, defaced or covered by
any other material.
(d) Within 21 days after service by the Region, file with the Regional Director for
Region 8 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., 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 retaliate against employees who have engaged in protected concerted
activities such as concertedly complaining about scheduling and shift swapping practices
or questioning the fairness of our scheduling practices and our approvals of shift swapping.
WE WILL NOT remove employees from the schedule or discharge employees in
retaliation for their protected concerted activities, including their concerted complaints
regarding their terms and conditions of employment.
WE WILL NOT, in any other manner, interfere with your rights under Section 7 of the Act.
WE WILL MAKE Leirimar Rodriguez and Luis Ramos whole for losses suffered as a result
of our action in removing Rodriguez and Ramos from the schedule and terminating their
employment. Rodriguez and Ramos are not seeking reinstatement. WE WILL provide
Rodriguez and Ramos with written confirmation that records of their unlawful removal from
the schedule and termination have been expunged from our files.
OHIO V.I., INC. D/B/A LITTLE CAESARS
The Board’s decision can be found at www.nlrb.gov/case/08-CA-181629 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.
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