Direct Transit, 629 (1992)

Extract

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Direct Transit, 629 (1992)

Direct Transit, Inc. and Teamsters Local Union No.

166 a/w International Brotherhood of Team-sters, AFL-CIO. Case 31-CA-19095

November 30, 1992

DECISION AND ORDER

BY CHAIRMAN STEPHENS AND MEMBERS DEVANEY AND RAUDABAUGH

This case presents the issue of whether the Respondent committed violations of Section 8(a)(1) and (3) by engaging in various actions, including the closure of its California maintenance facility, in response to the Union's organizing effort, and whether a bargaining order and the reopening of the Respondent's maintenance facility are appropriate remedies.1

The Board has considered the record in light of the exceptions and briefs and has decided to affirm the

judge's rulings, findings,2 and conclusions3 and to adopt the recommended Order.4

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, Direct Transit, Inc., Daggett, California, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.

1. Insert the following as paragraph 2(b) and reletter the paragraphs accordingly.

''(b) Offer Ivan Elvik reinstatement to his former position of leadman and make him whole for any losses he incurred as a result of his unlawful demotion.''

2. Substitute the attached notice for that of the administrative law judge.

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 the National Labor Relations Act and has ordered us to post and abide by this notice.

WE WILL NOT shut down a maintenance facility and terminate our employees because they seek union affiliation for purposes...

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