Extract
A-1 Portable Toilet Services, 800 (1996)
Servicios Sanitarios de Puerto Rico d/b/a A-1 Portable Toilet Services and Sindicato Puertorriquen
~o de Trabajadores. Cases 24-CA-7188 and 24-RC-7713July 18, 1996DECISION AND ORDERBY CHAIRMAN GOULD AND MEMBERS BROWNING AND COHENThe issues presented here are whether the judge correctly found the Respondent violated Section 8(a)(1) of the Act by implicitly threatening plant closure if its employees chose to be represented by the Union and violated Section 8(a)(3) and (1) of the Act by discharging employees Rafael Rodri´guez and Fernando Borrero for engaging in union activities.1The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,2 and conclusions and to adopt the recommended Order, as modified.3ORDERThe National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, Servicios Sanitarios de Puerto Rico, Inc., d/b/a A-1 Portable Toilet Services, Ponce, Puerto Rico, its offi- cers, agents, successors, and assigns, shall take the action set forth in the Order as modified. 1. Substitute the following for paragraphs 2(a)-(f). ''(a) Within 14 days from the date of this Order, offer Rafael Rodri´guez and Fernando Borrero 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.''(b) Make Rafael Rodri´guez and Fernando Borrero whole 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 judge's decision.''(c) Within 14 days from the date of this Order, remove from its files any reference to the unlawful discharges, and within 3 days thereafter notify the employees in writing that this has been done and that the discharges will not be used against them in any way.''(d) Preserve and, within 14 days of a request, make available to the Board or its agents for examination and copying, all payroll records, social security payment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order.''(e) Within 14 days after service by the Region, post at its facility in Ponce, Puerto Rico, English and Spanish copies of the attached notice marked ''Appendix.''23 Copies of the notice, on forms provided by the Regional Director for Region 24, 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. Reasonable steps shall be taken by the Respondent 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 May 15, 1995.''(f) 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.'' 2. Substitute the attached notice for that of the administrative law judge.IT IS FURTHER ORDERED that the proceeding in Case 4-RC-7713 is severed and remanded to the Region. The Regional...See the full content of this document
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