Alexis Painting Co., 1065 (2004)

Lincoln Alexis, d/b/a Alexis Painting Company and Maurice Richard and Wilbert Mitchell and Richard Mitchell and Earin Garner. Cases 15–CA–16923, 15–CA–17024, 15–CA–17148, 15–CA–17151

September 16, 2004

DECISION AND ORDER

By Chairman Battista and Members Walsh and Meisburg

On March 31, 2004, Administrative Law Judge Lawrence W. Cullen issued the attached decision. The Respondent filed exceptions, and the General Counsel filed an answering brief.[1]

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judgeÂ’s rulings, findings,[2] and conclusions[3] and to adopt the recommended Order as modified[4] and set forth in full below.

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified and set forth in full below and orders that the Respondent, Lincoln Alexis d/b/a Alexis Painting Company, Metairie, Louisiana, its officers, agents, successors, and assigns, shall

1. Â Cease and desist from

   (a) Interrogating its employees about their union and protected concerted activities and those of their fellow employees.

   (b) Threatening its employees with termination because of their union and protected concerted activity.

   (c) Threatening to refrain from transferring employees to another jobsite because of their union and protected concerted activity.

   (d) Instructing its employees not to discuss their wages.

   (e) Interfering with Board process by seeking information from its employees regarding ongoing Board actions and threatening its employees if they withhold such information.

   (f) Laying off employees because of their union and protected concerted activity or to discourage employees from engaging in union or protected concerted activity.

   (g) Discharging employees because of their protected concerted activity.

   (h) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act.

2. Â Take the following affirmative action necessary to effectuate the policies of the Act.Â

   (a) Within 14 days from the date of this Order, offer Maurice Richard, Wilbert Mitchell, Richard Mitchell, and Earin Garner full reinstatement to their former positions, or if those positions no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges previously enjoyed.

   (b) Make Maurice Richard, Wilbert Mitchell, Richard Mitchell, and Earin Garner 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 decision.

   (c) Within 14 days from the date of this Order, remove from its files any reference to the unlawful layoffs of Maurice Richard, Wilbert Mitchell, and Richard Mitchell, and the unlawful discharge of Earin Garner, and within 3 days thereafter notify them in writing that this has been done and that the unlawful layoffs and discharge, respectively, will not be used against them in any way.

   (d) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, 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 Metairie, Louisiana, copies of the attached notice marked “Appendix.”[5] Copies of the notice, on forms provided by the Regional Director for Region 15, 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 March 3, 2003.

   (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.

   APPENDIX

   Notice to Employees

   Posted by Order of the

   National Labor Relations Board

   An Agency of the United States Government

   The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice.

   FEDERAL LAW GIVES YOU THE RIGHT TO

   Form, join, or assist a union

   Choose representatives 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 interrogate our employees about their union and protected concerted activities and those of their fellow employees on behalf of the International Union of Painters and Allied Trades, District Counsel 80.

   We will not threaten to refrain from transferring our employees to another job site because of their union and protected concerted activity.Â

   We will not threaten our employees with termination because of their union and protected concerted activity.

   We will not instruct our employees not to discuss their wages.

   We will not interfere with Board process by seeking information from our employees regarding ongoing Board actions and threatening our employees if they withhold such information.

   We will not lay off our employees because they engaged in union or protected concerted activity or to discourage employees from engaging in union or protected concerted activity.

   We will not discharge our employees because they engaged in protected concerted activity.

   We will not in any like or related manner interfere with, restrain, or coerce our employees in the exercise of the rights set forth above.

   We will, within 14 days from the date of the BoardÂ’s Order, offer Maurice Richard, Wilbert Mitchell, Richard Mitchell, and Earin Garner 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.

   We will make Maurice Richard, Wilbert Mitchell, Richard Mitchell, and Earin Garner whole for any loss of earnings and other benefits resulting from our discrimination against them, less any net interim earnings, plus interest.

   We will, within 14 days from the date of the BoardÂ’s Order, remove from our files any reference to the unlawful layoffs of Maurice Richard, Wilbert Mitchell, and Richard Mitchell, and the unlawful discharge of Earin Garner, and we will, within 3 days thereafter, notify them in writing that this has been done and that the unlawful layoffs and discharge, respectively, will not be used against them in any way.

   lincoln alexis, d/b/a alexis painting company

   Beauford D. Pines, Esq., for the General Counsel.

   Lincoln J. Alexis Jr., pro se, for the Respondent.

   DECISION

   Statement of the Case

   Lawrence W. Cullen, Administrative Law Judge. This case was heard by me on February 17, 2004, in New Orleans, Louisiana. The four cases are based on four separate charges filed by Maurice Richard, an individual in Case 15–CA–16923, by Wilbert Mitchell, an individual in Case 15–CA–17024, by Richard Mitchell, an individual in Case 15–CA–17148, and by Earin Garner, an individual in Case 15–CA–17151. The cases were consolidated for trial by the Acting Regional Director of Region 15 of the National Labor Relations Board (the Board). The consolidated complaint alleges that Lincoln Alexis, d/b/a Alexis Painting Company (Alexis Painting or the Respondent) violated Section 8(a)(1) of the National Labor Relations Act (the Act) by interrogating its employees concerning their engagement in protected concerted activities and the engagement or their fellow employees in protected concerted activities. The complaint also alleges violations of Section 8(a)(1) of the Act were committed by Respondent by the issuance of unlawful threats to employees for their participation in protected concerted activities and by instructing its employees not to discuss their wages and by informing its employees that their employment was being terminated because of their union activities. The complaint also alleges that the Respondent violated Section 8(a)(3) and (1) of the Act by its layoffs of the Charging Parties, Maurice Richard and Wilbert Mitchell, and violated Section 8(a)(3), (4), and (1) by its layoff of Richard Mitchell, and that Respondent violated Section 8(a)(4) and (1) by interrogating its employees about ongoing Board cases, and by threatening them with termination if they did not provide Respondent with information regarding ongoing Board cases, and that Respondent violated Section 8(a)(1) of the Act by its discharge of Charging Party Earin Garner. The Respondent has, by his answer, denied the commission of any violations of the Act.

   On the entire record including my observation of the demeanor of the witnesses and after considering the briefs filed by the parties, I make the following findings of fact and conclusions of law.

   i. the business of the respondent

   The complaint alleges, Respondent admits and I find that at all times material herein for the 12-month period prior to the issuance of the consolidated complaint. Lincoln Alexis, d/b/a...