SW General, Inc. d/b/a Southwest Ambulance

National Labor Relations Board - Unpublished Board Decisions

Sep 28, 2017

28-CA-177361 (N.L.R.B. Sep. 28, 2017)

PMcK
Phoenix, AZ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SW GENERAL, INC. D/B/A
SOUTHWEST AMBULANCE
and Case 28-CA-177361
INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, LOCAL I-60
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the National Labor Relations Board upon the joint motion of
Respondent SW General, Inc. d/b/a Southwest Ambulance (Respondent), the Charging Party
International Association of Fire Fighters, Local I-60 (Union), and the General Counsel to waive
a hearing and decision by an administrative law judge and to transfer the proceedings to the
Board for a decision based on the stipulated record.
On August 31, 2016, the General Counsel, through the Regional Director for Region 28,
issued a complaint and notice of hearing alleging that the Respondent unilaterally changed
aspects of the bargaining unit employees’ defined benefit pension plan beyond the scope of
changes to the pension plan set forth in a memorandum of understanding reached by the parties.
The complaint alleges that, by the foregoing conduct, the Respondent failed and refused to
bargain collectively and in good faith with the exclusive collective-bargaining representative of
its employees within the meaning of Section 8(d) of the Act and in violation of Section 8(a)(5)
and (1) of the Act.1

1 The complaint also alleges that the Respondent violated Sec. 8(a)(5) and (1) by making
unilateral changes to the method for calculating an employee’s years of service under the defined
2
On January 18, 2017, the parties filed a joint motion and stipulation of facts with the
Board. Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the parties have
waived a hearing before an administrative law judge and agreed to submit the record in this case
directly to the Board for issuance of findings of fact, conclusions of law, and a Decision and
Order. The parties request that the Board set 35 days from the date the Board grants this Motion
as the time for filing briefs.
The Board having considered the matter,
IT IS ORDERED that the joint motion is granted and the case is transferred to and
continued before the Board in Washington, D.C., for the purpose of issuing findings of fact,
conclusions of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which includes the joint motion
and stipulation of facts, the joint exhibits, the statements of position by the General Counsel and
the Respondent, and a statement of the issues presented, is approved and made part of the record.
The parties may file initial briefs with the Board in Washington, D.C., on or before
November 2, 2017, and answering briefs within 14 days thereafter in accordance with Section
102.35(a)(9) of the Board’s Rules and Regulations.
Dated, Washington, D.C., September 28, 2017.
By Direction of the Board:
Roxanne L. Rothschild
_______________________________
Deputy Executive Secretary

benefit plan. We grant the General Counsel’s unopposed request, made in the parties’ joint
motion, to withdraw this allegation.