Seldat, Inc.Download PDFNational Labor Relations Board - Board DecisionsJan 29, 2020369 N.L.R.B. 14 (N.L.R.B. 2020) Copy Citation 369 NLRB No. 14 Seldat, Inc. and Tyson Jay Chandler and Donald Dupreist Ricks and Steven M. Garcia and Team- sters Local 63 and Mark Ruben Alatorre. Cases 21–CA–240526, 31‒CA‒240596, 31‒CA‒240598, 31‒CA‒240869, and 31‒CA‒240974 January 29, 2020 DECISION AND ORDER BY CHAIRMAN RING AND MEMBERS KAPLAN AND EMANUEL The General Counsel seeks a default judgment in this case on the ground that Seldat, Inc. (the Respondent) has failed to file an answer to the consolidated complaint. Upon charges filed by Tyson Jay Chandler on April 30, 2019, Donald Dupreist Ricks and Steven M. Garcia on April 29, 2019, Mark Ruben Alatorre on May 6, 2019, and Teamsters Local 63 on May 2, amended on July 5, 2019, the General Counsel issued an order consolidating cases, consolidated complaint, and notice of hearing on October 18, 2019, against the Respondent, alleging that it has vio- lated Section 8(a)(1), (3), and (5) of the National Labor Relations Act. The Respondent failed to file an answer. On November 14, 2019, the General Counsel filed a Motion for Default Judgment with the Board. On Novem- ber 20, 2019, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent filed no response. The allegations in the motion are therefore undisputed. Ruling on Motion for Default Judgment Section 102.20 of the Board’s Rules and Regulations provides that the allegations in a complaint shall be deemed admitted if an answer is not filed within 14 days from service of the complaint, unless good cause is shown. In addition, the consolidated complaint affirmatively stated that unless an answer was received on or before No- vember 1, 2019, the Board may find, pursuant to a motion for default judgment, that the allegations in the complaint are true.1 The undisputed allegations in the General Coun- sel’s motion further disclose that the Region, by letter dated November 5, 2019, emailed to the Respondent, ad- vised the Respondent that unless an answer was received by November 12, 2019, a motion for default judgment would be filed. Nevertheless, the Respondent failed to file an answer. In the absence of good cause being shown for the failure to file an answer, we deem the allegations in the complaint 1 The General Counsel’s motion also reveals that on October 31, 2019, the Respondent’s attorney withdrew representation. That same date, the Respondent’s Vice President of Human Resources advised the to be admitted as true, and we grant the General Counsel’s Motion for Default Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent has been a Cali- fornia corporation with an office and place of business in Compton, California (the Compton facility), and a facility located in Fontana, California (the Fontana facility), where it has been engaged providing logistical transporta- tion services, including intrastate, interstate and the inter- national transportation of cargo. In conducting its operations during the 12-month period ending March 27, 2019, the Respondent performed ser- vices valued in excess of $50,000 in states other than the State of California. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act, and that the Union has been a labor organiza- tion within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES 1. At all material times, the following individuals held the positions set forth opposite their respective names and have been supervisors of the Respondent within the mean- ing of Section 2(11) of the Act and/or agents of the Re- spondent within the meaning of Section 2(13) of the Act. Joe Pennell West Coast Manager Abel Garcia Transportation Manager Aaron Huntt Senior Vice President Kevin (Last Name Unknown) Dispatcher Steven (Last Name Unknown) Dispatcher Melissa Bijelic Vice President of Human Re- sources 2. About March 8, 2019, the Respondent, by Transpor- tation Manager Garcia, in the parking lot of the Fontana facility, engaged in surveillance of employee’s union and/or protected concerted activities. 3. About April 16, 2019, the Respondent, by Senior Vice President Huntt, in the breakroom of the Compton facility, engaged in surveillance of employees’ union and/or protected concerted activities by acting as the Re- spondent’s election observer in a Board election. 4(a). About early April 2019, the Respondent, by Dis- patcher Kevin, by telephone, interrogated employees about whether they were going to vote for the Union in a Board election. Region that she would be representing the Respondent and confirmed receipt of the consolidated complaint. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2 (b) About early to mid-April 2019, the Respondent, by Kevin, by telephone, interrogated employees about whether they were going to vote for the Union in a Board election. 5. About April 16, 2019, the Respondent, by Dispatcher Steven, by telephone, interrogated an employee about whether the employee was going to vote in a Board elec- tion. 6(a). About April 16, 2019, the Respondent, by West Coast Manager Pennell, in the breakroom at the Fontana facility, interrogated an employee about how the em- ployee voted in a Board election. (b) About April 16, 2019, the Respondent, by Pennell, in his office at the Fontana facility, interrogated an em- ployee about whether the employee voted in a Board elec- tion. 7(a). About March 8, 2019, the Respondent’s employ- ees engaged in concerted activities with each other for the purposes of mutual aid and protection by, inter alia, dis- cussing the Respondent’s pay scale. (b) About April 26, 2019, the Respondent laid off about 36 employees, including Chandler, Ricks, Garcia, and Alatorre. (c) The Respondent engaged in the conduct described above in paragraph 7(b), because employees engaged in the conduct described above in paragraph 7(a), and to dis- courage employees from engaging in these or other con- certed activities. (d) The Respondent engaged in the conduct described above in paragraph 7(b) because the employees of the Re- spondent formed and/or assisted the Union, and to dis- courage employees from engaging in these activities. 8(a). Since about April 2019 and continuing to about late May 2019, the Respondent reduced its drivers’ wages by making the following changes to its drivers’ pay scale on the dates indicated: i. About early April 2019, the Respondent stopped pay- ing drivers to drive from the ports back to the Respond- ent’s yards or from one port to another. ii. About April 23, 2019, the Respondent stopped pay- ing drivers to move chassis or bobtails. iii. About April 29, 2019, the Respondent stopped pay- ing drivers to move empty containers from customer yards to the Respondent’s yards if the customer yards were within a 5-mile radius of the Respondent’s yards. (b) The Respondent engaged in the conduct described above in paragraph 8(a) because the employees of the Re- spondent formed and/or assisted the Union and engaged in concerted activities, and to discourage employees from engaging in these activities. 9. The following employees of Respondent (the Unit) constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: Included: All full-time and regular part-time drivers em- ployed by the Employer at its facilities currently located at 927 South Santa Fe Avenue, Compton, California and 9421 Transportation Way, Fontana, California. Excluded: All other employees, independent contractor drivers who own their own vehicles they operate, office clerical employees, professional employees, managerial employees, guards, and supervisors as defined in the Act. 10. On April 16, 2019, a representation election was conducted among the employees in the Unit and, on May 8, 2019, the Union was certified as the exclusive collec- tive-bargaining representative of the Unit. 11. At all times since May 8, 2019, based on Section 9(a) of the Act, the Union has been the exclusive collec- tive-bargaining representative of the Unit. 12(a). Since about May 13, 2019, the Union has re- quested in writing that the Respondent furnish the Union with the information in Items 1‒4, 5(b), 13‒17, and 19‒26 of its May 13, 2019 letter attached hereto as Exhibit 1. (b) The information requested by the Union, as de- scribed above in paragraph 12(a), is necessary for, and rel- evant to, the Union’s performance of its duties as the ex- clusive collective-bargaining representative of the Unit. (c) Since about July 24, 2019, the Respondent, in writ- ing, has failed and refused to furnish the Union with the information requested by it as described above in para- graphs 12(a)-(b). 13(a). Since about early May to about late May 2019, the Respondent made the following changes to its drivers’ pay scale on the dates indicated: i. About early May 2019, the Respondent reduced by half drivers’ pay for moving loaded containers from the Respondent’s yards to its customers’ yards if the cus- tomer was within a 5-mile radius from the Respondent’s yard. ii. About the last week of April 2019, the Respondent began to record drivers’ work time 2 hours after they ar- rived at the ports, instead of as soon as they arrived at the ports. iii. About mid-May 2019, the Respondent reduced by half drivers’ pay for moving a bobtail, and began to only pay for bobtail moves at a dispatcher’s discretion. SELDAT, INC. 3 iv. About May 29, 2019, the Respondent began to pay drivers to move a bobtail only if they complete two full trips with a loaded container. (b) The subjects set forth above in paragraph 13(a) re- late to wages, hours, and other terms and conditions of employment of the Unit and are mandatory subjects for the purposes of collective bargaining. (c) The Respondent engaged in the conduct described above in paragraphs 13(a)-(b) without prior notice to the Union and without first bargaining with the Union to an overall good-faith impasse for a collective-bargaining agreement. (d) The Respondent engaged in the conduct described above in paragraph 13(a) because the employees of the Respondent formed and/or assisted the Union and en- gaged in concerted activities, and to discourage employees from engaging in these activities. 14(a). Since about May 13, 2019, the Union requested to meet with the Respondent for the purposes of negotiat- ing an initial collective-bargaining agreement with re- spect to wages, hours, and other terms and conditions of employment. (b) Since about July 24, 2019, the Respondent has failed and/or refused to meet and bargain with the Union as the exclusive collective-bargaining representative of the Unit. (c) By the conduct described above in paragraph 14(b), the Respondent has failed and refused to bargain in good faith with the Union as the exclusive collective-bargaining representative of the Unit. CONCLUSIONS OF LAW 1. By the conduct described above in paragraphs 2-6 and 7(c), the Respondent has been interfering with, re- straining, and coercing employees in the exercise of the rights guaranteed them in Section 7 of the Act in violation of Section 8(a)(1) of the Act. 2. By the conduct described above in paragraphs 7(d), 8(b), and 13(d), the Respondent has been discriminating in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging mem- bership in a labor organization in violation of Section 8(a)(3) and (1) of the Act. 3. By the conduct described above in paragraphs 12 and 13(a) through (c), the Respondent has been failing and re- fusing to bargain collectively and in good faith with the exclusive collective-bargaining representative of its em- ployees in violation of Section 8(a)(5) and (1) of the Act. 4. By the conduct described above in paragraph 14, the Respondent has been failing and refusing to bargain col- lectively and in good faith with the exclusive collective- bargaining representative of its employees within the meaning of Section 8(d) of the Act in violation of Section 8(a)(5) and (1) of the Act. 5. The unfair labor practices of the Respondent de- scribed above affect commerce within the meaning of Sec- tion 2(6) and (7) of the Act. REMEDY Having found that the Respondent has engaged in cer- tain unfair labor practices, we shall order it to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act. Specifically, having found that the Respondent violated Section 8(a)(3) and (1) of the Act by laying off about 36 employees, including Tyson Jay Chandler, Donald Dupreist Ricks, Steven M. Garcia, and Mark Ruben Alatorre, because they formed or assisted the Union, and to discourage employees from en- gaging in these activities, we shall order the Respondent to offer them full reinstatement to their former jobs or, if those jobs no longer exist, to substantially equivalent po- sitions, without prejudice to their seniority or any other rights or privileges previously enjoyed, and to make them whole for any loss of earnings and other benefits suffered as a result of the discrimination against them. Backpay shall be computed in accordance with F.W. Woolworth Co., 90 NLRB 289 (1950), with interest at the rate prescribed in New Horizons, 283 NLRB 1173 (1987), compounded daily as prescribed in Kentucky River Medi- cal Center, 356 NLRB 6 (2010). In addition, we shall or- der the Respondent to compensate these employees for any adverse tax consequences of receiving a lump-sum backpay award, and to file with the Regional Director for Region 21, within 21 days of the date the amount of back- pay is fixed, either by agreement or Board order, a report allocating the backpay awards to the appropriate calendar years for the laid off employees. AdvoServ of New Jersey, Inc., 363 NLRB No. 143 (2016). In accordance with our recent decision in King Soopers, Inc., 364 NLRB No. 93 (2016), we shall also order the Re- spondent to compensate these employees 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 cal- culated separately from taxable net backpay, with interest at the rate prescribed in New Horizons, supra, com- pounded daily as prescribed in Kentucky River Medical Center, supra. The Respondent shall also be required to remove from its files any and all references to the employ- ees’ unlawful layoffs, and to notify the employees in writ- ing that this has been done and that their layoffs will not be used against them in any way. Having further found that the Respondent violated Sec- tion 8(a)(5) and (1) by failing and refusing to bargain with DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4 the Union, we shall order the Respondent to recognize and, on request, bargain with the Union as the exclusive collective-bargaining representative of the unit employees with respect to wages, hours, benefits, and other terms and conditions of employment and, if an understanding is reached, to embody the understanding in a signed agree- ment. To ensure that the employees are accorded the services of their selected bargaining agent for the period provided by law, we shall construe the initial period of the certifi- cation as beginning the date the Respondent begins to bar- gain in good faith with the Union. 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). In addition, having found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with relevant and necessary information, we shall order the Respondent to furnish the Union with the information it requested on May 13, 2019, and set forth in Exhibit 1. Finally, having found that the Respondent violated Sec- tion 8(a)(5) and (1) of the Act by unilaterally changing the terms and conditions of employment of its unit employees, including reducing by half drivers’ pay for moving a bob- tail, for moving loaded containers from the Respondent’s yards to its customers’ yards if the customer was within a 5-mile radius, and recording drivers’ work time 2 hours after they arrived at the ports, we shall order the Respond- ent to rescind the changes and retroactively restore the sta- tus quo. In addition, the Respondent shall make its unit employees whole for any loss of earnings and other bene- fits they may have suffered as a result of the unlawful changes, in the manner set forth in Ogle Protection Ser- vice, 183 NLRB 682 (1970), enfd. 444 F.2d 502 (6th Cir. 1971), with interest as prescribed in New Horizons, supra, compounded daily as prescribed in Kentucky River Medi- cal Center, supra. ORDER The National Labor Relations Board orders that the Re- spondent, Seldat, Inc., Compton, California, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Engaging in surveillance of its employees’ union or other protected concerted activities. (b) Coercively interrogating employees about their un- ion activities, sympathies, or support. (c) Laying off employees because the employees en- gaged in concerted activities with each other for purposes of mutual aid and protection by discussing their terms and conditions of employment and/or because they formed or assisted the Union, and to discourage employees from en- gaging in these or other concerted or Union activities. (d) Unilaterally changing the terms and conditions of employment of its unit employees by reducing employees’ wages because they formed or assisted the Union and en- gaged in concerted activities and to discourage employees from engaging in these activities. (e) Failing and refusing to recognize and bargain col- lectively and in good faith with Teamsters Local 63 as the exclusive collective-bargaining representative of employ- ees in the unit. The unit is: Included: All full-time and regular part-time drivers em- ployed by the Employer at its facilities currently located at 927 South Santa Fe Avenue, Compton, California and 9421 Transportation Way, Fontana, California. Excluded: All other employees, independent contractor drivers who own their own vehicles they operate, office clerical employees, professional employees, managerial employees, guards, and supervisors as defined in the Act. (f) Failing and refusing to recognize and bargain col- lectively with the Union by failing and refusing to furnish it with requested information that is relevant and neces- sary to the Union’s performance of its functions as the ex- clusive collective-bargaining representative of the Re- spondent’s unit employees. (g) In any like or related manner interfering with, re- straining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Recognize and, on request, bargain with the Union as the exclusive representative of the employees in the ap- propriate bargaining unit concerning terms and conditions of employment and, if an understanding is reached, em- body the understanding in a signed agreement. (b) Rescind the unilateral changes to the terms and con- ditions of employment of its unit employees, including the reductions to their wages and to their work time, and re- store the status quo that previously existed. (c) Furnish to the Union in a timely manner the infor- mation requested on May 13, 2019. as set forth in Exhibit 1. (d) Within 14 days from the date of this Order, offer the 36 unit employees who were unlawfully laid off, including Chandler, Ricks, Garcia, and Alatorre, 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. SELDAT, INC. 5 (e) Make whole the 36 employees who were unlawfully laid off, including Chandler, Ricks, Garcia, and Alatorre, for any loss of earnings and other benefits suffered as a result of the discrimination against them, in the manner set forth in the remedy section of the decision. (f) Make whole unit employees for any loss of earnings and other benefits suffered as a result of the unlawful uni- lateral reduction of their wages and work time, in the man- ner set forth in the remedy section of the decision. (g) Compensate affected unit employees for the adverse tax consequences, if any, of receiving a lump-sum back- pay award, and file with the Regional Director for Region 21, within 21 days of the date the amount of backpay is fixed, either by agreement or Board order, a report allocat- ing the backpay awards to the appropriate calendar years for each affected unit employee. (h) Within 14 days from the date of this Order, remove from its files any reference to the unlawful layoffs of the 36 unit employees, including Candler, Ricks, Garcia and Alatorre, and within 3 days thereafter, notify the employ- ees in writing that this has been done and that the layoffs will not be used against them in any way. (i) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place desig- nated by the Board or its agents, all 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, neces- sary to analyze the amount of backpay due under the terms of this Order. (j) Within 14 days after service by the Region 21, post at its Compton and Fontana, California facilities copies of the attached notice marked “Appendix†in English and in Spanish. Copies of the notice, on forms provided by the Regional Director for Region 21, 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. In addition to phys- ical posting of paper notices in English and Spanish, the notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Rea- sonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. If the Respondent has gone out of business or closed the facilities involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice in English and Spanish to all current employees and former employees employed by the Re- spondent at any time since March 8, 2019. (k) Within 21 days after service by the Region, file with the Regional Director for Region 21 a sworn certification of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to com- ply. APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we vi- olated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected ac- tivities. WE WILL NOT coercively interrogate you about your un- ion activities, sympathies, or support. WE WILL NOT engage in surveillance of your union or other protected concerted activities. WE WILL NOT lay you off because you have engaged in protected concerted activities, such as discussing the com- pany’s pay scale for the purposes of employees’ mutual aid and protection or because you joined or supported Teamsters Local 63 (the Union) or any other labor organ- ization. WE WILL NOT unilaterally change your terms and con- ditions of employment, including making changes to your wages and work time, because you have engaged in pro- tected concerted activities or because you joined or sup- ported the Union or any other labor organization. WE WILL NOT fail and refuse to bargain with the Union as the exclusive collective-bargaining representative of our employees in the unit. The bargaining unit is: Included: All full-time and regular part-time drivers em- ployed by the Employer at its facilities currently located at 927 South Santa Fe Avenue, Compton, California and 9421 Transportation Way, Fontana, California. Excluded: All other employees, independent contractor drivers who own their own vehicles they operate, office clerical employees, professional employees, managerial DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD6 employees, guards, and supervisors as defined in the Act. WE WILL NOT refuse to bargain collectively with the Un- ion by failing and refusing to furnish it with requested in- formation that is relevant to and necessary for the Union’s performance of its functions as the collective-bargaining representative of our unit employees. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above. WE WILL, on request, bargain with the Union as your exclusive collective-bargaining representative concerning terms and conditions of employment and, if an under- standing is reached, embody the understanding in a signed agreement. WE WILL furnish to the Union in a timely manner the information it requested on May 13, 2019. WE WILL rescind the unilateral changes to your terms and conditions of employment, including the reductions to your wages and work time, and restore the status quo that previously existed. WE WILL, within 14 days from the date of this Order, offer the 36 employees we unlawfully laid off full rein- statement to their former jobs or, if those jobs no longer exist, to a substantially equivalent position, without prej- udice to their seniority or any other rights or privileges they previously enjoyed. WE WILL make whole the 36 employees who we unlaw- fully laid off, including Tyson Jay Chandler, Donald Dupreist Ricks, Steven M. Garcia, and Mark Ruben Alatorre, for any loss of earnings and other benefits result- ing from our unlawful conduct, less any net earnings, plus interest, plus reasonable search-for-work and interim em- ployment expenses. WE WILL make employees whole for any loss of earn- ings and other benefits suffered as a result of our unlawful unilateral reduction of their wages and work time. WE WILL compensate affected employees for the ad- verse tax consequences, if any, of receiving a lump-sum backpay award, and WE WILL file with the Regional Direc- tor for Region 21, within 21 days of the date the amount of backpay is fixed, either by agreement or Board order, a report allocating the backpay awards to the appropriate calendar years for each affected unit employee. WE WILL, within 14 days from the date of this Order, remove from our files any reference to the unlawful layoff of 36 employees, including Tyson Jay Chandler, Donald Dupreist Ricks, Steven M. Garcia, and Mark Ruben Alatorre, and WE WILL, within 3 days thereafter, notify the employees in writing that this has been done and that the layoffs will not be used against them in any way. SELDAT, INC. The Board’s decision can be found at www.nlrb.gov/case/21-CA-240526 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. SELDAT, INC. 7 Exhibit 1 Freight, 1>a mei, Sa Revd, baited, meat, Poultrd am.d Factord WorRers the Los AmgeLes Metrupolita AreR. Ge.eral Truck. Drivers, rehouserueu„ ainet 1-1-elpers i.u. Los AugeLes, SO K. 13erKaraiu.o, Riverside Couuties, CALLforraa . Agricultural. a.ci Rzlated Product workers L. the Galiforuia Courxties of Sao, Diego, imperial., oravige, Ain meola, Los Aingetes, saw ISerria rain°, veutura SO nta 1&arbaria, Kenn., SO. Lids Oloispo, TuLa re, MoKtereo, "a.euito, Freswo aploi Merced. TEAMSTERS LOCAL. UNION NO.. 63 Aaron Huntt Vice-President Seldat, Inc. 927 South Santa Fe Avenue Compton, CA 90221 Via Email: aaron.hunttrieseldatin.com and U.S. Mail Re: Bargaining Demand and Information Requests for Negotiations Mr. Huntt: As you know, Teamsters Local Union 63 (`Union." or "Local 63"), affiliated with Intemational Brotherhood of Teamsters, was selected and is certified as representative by the drivers working at or out of the 927 South Santa Fe Avenue, Compton, CA 90221 and 9421 Transportation Way, Fontana, CA 92335 facilities by the April 30, 2019 secret ballot election conducted by the National Labor Relations Board in Case 21-RC-238050. On May 8, 2019 in Case 21-RC-238050, the NLRB certified Local 63 as the exclusive collective bargaining representative of this unit ("bargaining unit" or "unir). In its Certification Letter stating as much, the NLRB notified Seldat of its obligation to bargain with Local 63 regarding this unit. A copy of this letter was provided to counsel for Seldat and is included here for your records. Teamsters Local 63 demands that Seldat, Inc. (`Seldat") meet and bargain regarding all mandatory terms and conditions of employment in this bargaining unit. We further request notice and bargaining with regard to any changes and/or modifications of wages, benefits and working conditions of the bargaining unit employees in effect since May 9, 2019. Please contact me to schedule a mutually agreed date, time and location to begin our negotiations meetings. Teamsters Local 63 demands bargaining regarding all discipline, discharges, or layoffs issued to bargaining unit employees on and after, May 9, 2019. Teamsters Local 63 requests that Seldat supervisors provide notice to Local Union representatives regarding any empioyee interviews that may lead to discipline contemplated against any bargaining unit employee. These requests are continuing. Local 63 requests bargaining on the terms upon which Seldat will provide access for authorized representatives of Teamsters Local 63 on the 927 South Santa Fe Avenue, Compton, CA 90221 and 9421 Transportation Way, Fontana, CA 92335 properties where bargaining unit employees are working for the purpose of representing such employees in interviews under the Weingarten rule, representation during disciplinary procedures with Seldat supervisors and for otherwise assuring that the current status quo terms and conditions of employment are being observed pending our negotiations for a collective bargaining agreement. We also request bargaining with Seldat with regard to an interim grievance and arbitration procedure so that -f • • ; M§4. af 7 Page 1-1 Copy with citationCopy as parenthetical citation