Seven One Seven Parking Services of Michigan, Ind. d/b/a Hospital Parking Management

National Labor Relations Board - Board Decisions

Jan 23, 2017

07-CA-147359 (N.L.R.B. Jan. 23, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SEVEN ONE SEVEN PARKING SERVICES
OF MICHIGAN, INC. d/b/a HOSPITAL
PARKING MANAGEMENT
and Case 07-CA-147359
LOCAL 283, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS (IBT)
DECISION AND ORDER
On October 21, 2016, Seven One Seven Parking Services of Michigan, Inc. d/b/a
Hospital Parking Management (the Respondent), Local 283, International Brotherhood
of Teamsters (IBT) (the Charging Party), 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
At all material times, the Respondent has been a corporation with an office and
place of business in Tampa, Florida, and has been engaged in providing parking
management services and valet parking services for various parking facilities, including
a facility located at 4100 John R. Street, Detroit, Michigan (John R facility).
In conducting its business operations described above during the calendar year
ending December 31, 2014, the Respondent provided services valued in excess of
$50,000 for Karmanos Cancer Center at the Detroit Medical Center (Karmanos), an
enterprise within the State of Michigan and directly engaged in interstate commerce.
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During the above period, Karmanos has been operating a hospital providing
inpatient and outpatient medical care, derived gross revenues in excess of $250,000,
and purchased and received at its facility in Detroit, Michigan, goods valued in excess of
$5000 directly from points outside the State of Michigan.
The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization
The Charging Party is a labor organization within the meaning of Section 2(5) of
the Act.
ORDER
Based on the above findings, 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, Seven One Seven Parking Services
of Michigan, Inc. d/b/a Hospital Parking Management, Detroit, Michigan, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
a. Interrogating employees about their union sympathies.
b. Preparing letters for unit employees to revoke union membership and the
obligation to pay union dues.
c. Soliciting unit employee signatures on a letter revoking union membership and
the obligation to pay union dues.
d. Failing to remit to the Charging Party union dues deducted pursuant to valid,
unexpired, and unrevoked employee checkoff authorizations.
e. Failing to remit to the Charging Party union dues deducted pursuant to a valid,
unexpired, and unrevoked employee checkoff authorization without prior notice to the
Charging Party and without affording the Charging Party an opportunity to bargain with
the Respondent with respect to this conduct.
f. In any like or related manner interfering with, restraining, and coercing
employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of
Section 8(a)(1) of the Act.
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g. In any like or related manner, failing and refusing to bargain collectively and in
good faith with the Charging Party as the exclusive collective-bargaining representative
of its employees in violation of Section 8(a)(1) and (5) of the Act.
2. Take the following affirmative action necessary to effectuate the purposes of
the Act.
a. Upon request, rescind any or all changes to the terms and conditions of
employment made without bargaining with the Charging Party.
b. Upon request, bargain collectively and in good faith with the Charging Party as
the exclusive collective-bargaining representative of the Unit.
c. Remit to the Charging Party the union dues it has deducted from unit
employees since February 2015, with interest in accordance with Board policy.
d. Within 14 days of service by the Region, post at its John R facility copies of the
attached notice marked “Appendix A.” Copies of the notice, on forms provided by
Region 7, 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 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 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 at any time since February 1, 2015.
e. 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., January 23, 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 ask you about whether you support the Union.
WE WILL NOT prepare letters for you to revoke your union membership and the
obligation to pay union dues.
WE WILL NOT solicit your signature on a letter revoking your union membership and
the obligation to pay union dues.
WE WILL NOT fail to remit to the Union your union dues that we deducted pursuant to a
valid, unexpired and unrevoked employee dues checkoff authorization.
WE WILL NOT refuse to meet and discuss in good faith with your Union, Local 283,
International Brotherhood of Teamsters (IBT), any proposed changes in wages, hours,
and working conditions before putting such changes into effect for employees in the
following unit (Unit):
All full-time and regular part-time valet employees, lot attendants, traffic and
safety employees, cashiers, greeters and uniform attendants employed by us
and working out of the Karmanos Cancer Center at the Detroit Medical Center
located at 4100 John R. Street, Detroit, Michigan; but excluding all guards and
supervisors as defined in the Act.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
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WE WILL NOT in any like or related manner fail and refuse to bargain collectively and
in good faith with the Union as the exclusive collective-bargaining representative of the
Unit.
WE WILL, if requested by the Union, bargain collectively and in good faith with the
Union as the exclusive collective-bargaining representative of the Unit.
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 remit to the Union the union dues we have deducted from employees in the
Unit since around February 2015.
SEVEN ONE SEVEN PARKING SERVICES
OF MICHIGAN, INC. d/b/a HOSPITAL
PARKING MANAGEMENT
The Board’s decision can be found at www.nlrb.gov/case/07-CA-147359 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.