T-West Sales and Service, Inc. d/b/a Desert Toyota - Decision Summary

T-West Sales and Service, Inc. d/b/a Desert Toyota (28-CA-19447, 19524; 346 NLRB No. 1) Las Vegas, NV Dec 23, 2005. Pursuant to its decisions in Desert Toyota, 346 NLRB No. 3 (2005) (Desert ToyotaI) and Desert Toyota, 346 NLRB No. 4 (2005) (Desert Toyota II), the Board reversed the administrative law judge and dismissed the complaint allegation that the Respondent, among other things, violated Section 8(a)(5) and (1) of the Act by failing to bargain in good faith, failing to provide requested information, and failing to notify and bargain with Machinists Local 845 about disciplinary action taken with respect to two employees. In the absence of exceptions, the Board approved the judge’s dismissal of the remaining allegations that the Respondent violated Section 8(a)(3), (4), and (1) when it suspended employees Clayton Lamoya and suspended and discharged employee Thomas Pranske.

In Desert Toyota I Chairman Battista and Member Schaumber found that the Respondent did not have an obligation to bargain with the Union as the exclusive collective-bargaining representative of its employees and reversed the judge’s recommendation that a Gissel (NLRBv. Gissel Packing Co., 395 U.S. 575 (1969)) bargaining order issue. Member Liebman dissented from the denial of a bargaining order in Desert Toyota I, but agreed that the Board majority’s decision there is dispositive here.

(Chairman Battista and Members Liebman and Schaumber participated.)

Charges filed by Machinists Local 845; complaint alleged violation of Section 8(a)(1), (3), (4), and (5). Hearing at Las Vegas, Oct. 5-7, 2004. Adm. Law Judge Albert A. Metz issued his decision March 25, 2005.