Region 13 Certifications May 2017.Final_Redacted

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 Saint Xavier University Employer Case 13-RC-092296 and Service Employees International Union, Local Petitioner TYPE OF ELECTION: RD DIRECTED CERTIFICATION OF REPRESENTATIVE An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for Service Employees International Union, Local and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit Unit: All full-time and regular part-time housekeepers employed by the Employer at its facility currently located at 3700 W 103rd St., Chicago, Illinois, but excluding all managerial employees, office clerical employees, and guards, professional employees, and supervisors as defined by the Act May 8, 2017 /s/ Paul Hitterman Paul Hitterman Acting Regional Director, Region 13 National Labor Relations Board Saint Xavier University Case 13-RC-092296 -2- NOTICE OF BARGAINING OBLIGATION In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collective-bargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse _ Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response Saint Xavier University Case 13-RC-092296 Pete Skatch Saint Xavier University 3700 W 103rd Street Warde Academic Center A-305 Chicago, IL 60655-3105 Amy Moor Gaylord, Esq Franczek Radelet P.C 300 S Wacker Drive, Suite 3400 Chicago, IL 60606-6708 Netzahualcóyotl Rodriguez, Organizer Service Employees International Union Local 180 W Park Avenue, Suite 200 Elmhurst, IL 60126-3367 Michele Cotrupe, Esq Service Employees International Union Local 111 E Wacker Drive Suite 1700 Chicago, IL 60601 -3- UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 United Parcel Service, Inc Employer Case 13-RC-196958 and Teamsters Local Union No 705 Petitioner TYPE OF ELECTION: STIPULATED CERTIFICATION OF REPRESENTATIVE An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for TEAMSTERS LOCAL UNION NO 705 and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit: Included: All full-time and regular part-time Customer Center Associates employed by the Employer at the facility currently located at 210 West 63rd Street, Westmont, IL 60559 Excluded: All other employees, confidential employees, professional employees, managerial employees, guards and supervisors as defined by the Act May 17, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining Obligation NOTICE OF BARGAINING OBLIGATION In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collective-bargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse _ Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response John A Klages, Attorney Quarles & Brady LLP 300 N La Salle Dr Ste 4000 Chicago, IL 60654-5427 Margaret Kuzara, District Labor Manager United Parcel Service, Inc 210 W 63rd St Westmont, IL 60559-2610 Reema Kapur, Esq., Attorney at Law Quarles & Brady LLP 300 N La Salle Dr, Ste 4000 Chicago, IL 60654-5427 Joey M Henslee, Esq., Labor & Employment Counsel United Parcel Service, Inc 55 Glenlake Parkway NE Corporate Legal Dept, Bldg 3, Fl Atlanta, GA 30328-3474 Alex M Tillett-Saks, Legal Counsel Teamsters Local Union No 705 1645 W Jackson Blvd., 7th Fl Chicago, IL 60612 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 LBP Manufacturing LLC Employer and AN INDIVIDUAL Case 13-RD-195371 Petitioner and Teamsters Local 777 Union TYPE OF ELECTION: D&DE CERTIFICATION OF REPRESENTATIVE An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for TEAMSTERS LOCAL 777 and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit: Included: All full -time and regular part-time production employees and truck drivers employed by the Employer at its facilities currently located at 1325 South Cicero Avenue, Cicero, Illinois; 1401 North Cicero Avenue, Chicago, Illinois; and, 5490 West Roosevelt Road, Chicago, Illinois Excluded: All mechanics, office clerical employees, professional employees, technical and administrative employees, managerial employees, guards and supervisors as defined by the Act RIGHT TO REQUEST REVIEW Pursuant to Section 102.67 of the Board’s Rules and Regulations, a request for review may be filed with the Board at any time following the issuance of this Decision until 14 days after a final disposition of the proceeding by the Regional Director Accordingly, a party is not precluded from filing a request for review of this decision after the election on the grounds that it did not file a request for review of this Decision prior to the election The request for review must conform to the requirements of Section 102.67 of the Board’s Rules and Regulations A request for review may be E-Filed through the Agency’s website but may not be filed by facsimile To E-File the request for review, go to www.nlrb.gov, select E-File Documents, enter the NLRB Case Number, and follow the detailed instructions If not E-Filed, the request for review should be addressed to the Executive Secretary, National Labor Relations Board, 1015 Half Street SE, Washington, DC 20570-0001 A party filing a request for review must serve a copy of the request on the other parties and file a copy with the Regional Director A certificate of service must be filed with the Board together with the request for review Neither the filing of a request for review nor the Board’s granting a request for review will stay the election in this matter unless specifically ordered by the Board May 9, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining Obligation NOTICE OF BARGAINING OBLIGATION In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election The employer is not precluded from changing bargaining unit employees’ terms and conditions during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collective-bargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse _ Exceptions may include the presence of a longstanding past practice, discrete event, or exigent economic circumstance requiring an immediate response James D Thomas, Esq Jackson Lewis P.C 150 North Michigan Avenue, Suite 2500 Chicago, IL 60601-7619 Selene Diaz, HR Representative LBP Manufacturing LLC 1325 South Cicero Avenue Cicero, IL 60804-1404 (b) (6), (b) (7)(C) Teamsters Local 777 7827 Ogden Avenue Lyons, IL 60534-1312 James Glimco, President Teamsters Local 777 7827 Ogden Avenue Lyons, IL 60534-1312 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 True World Foods Chicago LLC Employer Case 13-RC-197276 and International Brotherhood of Teamsters Local 710 Petitioner TYPE OF ELECTION: STIPULATED CERTIFICATION OF RESULTS OF ELECTION An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has not been selected No timely objections have been filed As authorized by the National Labor Relations Board, It is certified that a majority of the valid ballots has not been cast for any labor organization and that no labor organization is the exclusive representative of the employees in the bargaining unit described below Included: All full-time and regular part-time long distance and local delivery drivers employed by the Employer at its facility currently located at 950 Chase Avenue, Elk Grove Village, IL Excluded: All warehouse employees, officer clerical employees, dispatchers, dispatcher clerks, confidential employees, professional employees, managerial employees, lead persons, guards and supervisors as defined by the Act May 16, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Gregory H Andrews, Esq., Partner Jackson Lewis P.C 150 North Michigan Avenue, Suite 2500 Chicago, IL 60601-7619 Susan J Madden, HR Manager True World Foods Chicago LLC 950 Chase Avenue Elk Grove Village, IL 60007-4828 Matthew B Carpenter, Esq Illinois Advocates, LLC 77 West Washington Street, Suite 2120 Chicago, IL 60602-2995 International Brotherhood of Teamsters Local 710 9000 West 187th Street Mokena, IL 60448 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 Lockwood Furnace Company Employer/Petitioner and Case 13-RM-196091 Chicago Pipefitters, Local 597 Union TYPE OF ELECTION: STIPULATED CERTIFICATION OF RESULTS OF ELECTION An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has not been selected No timely objections have been filed As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has not been cast for any labor organization and that no labor organization is the exclusive representative of the employees in the bargaining unit described below Unit: Included: All full-time and regular part-time Mechanical Trades Specialists employed by the Employer at its facility currently located at 2300 McDonough Street, Joliet, IL 60436 Excluded: All confidential employees, clerical employees, professional employees, managerial employees, guards and supervisors as defined by the Act May 3, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board William P Callinan Johnson & Krol, LLC 311 S Wacker Drive, Suite 1050 Chicago, IL 60606-6699 Michelle N Owen, Associate Attorney at Law Johnson & Krol, LLC 311 S Wacker Drive, Suite 1050 Chicago, IL 60606 Chicago Pipefitters, Local 597 45 N Ogden Avenue Chicago, IL 60607 John F Kuenstler, Attorney Barnes & Thornburg LLP One N Wacker Drive, Suite 4400 Chicago, IL 60606 John F Kuenstler, Attorney Lockwood Furnace Company 2300 McDonough Street Joliet, IL 60436-1002 ... managerial employees, guards and supervisors as defined by the Act May 17, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining... election in this matter unless specifically ordered by the Board May 9, 2017 /s/ Peter Sung Ohr Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining... 7827 Ogden Avenue Lyons, IL 60534 -131 2 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 True World Foods Chicago LLC Employer Case 13- RC-197276 and International Brotherhood