Diversified Enterprises, 1174 (2008)

Extract

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Diversified Enterprises, 1174 (2008)

Diversified Enterprises, Inc. and Mid-Atlantic Regional Council of Carpenters, West Virginia District, United Brotherhood of Carpenters and Joiners of America. Case 9–CA–43110

March 26, 2009

DECISION AND ORDER

By Chairman Liebman and Member Schaumber

On July 27, 2007, Administrative Law Judge Eric M. Fine issued the attached decision. The Respondent filed exceptions and a supporting brief, and the General Counsel filed limited cross-exceptions, a supporting brief, and a brief answering the Respondent’s exceptions.

The National Labor Relations Board[1] has considered the decision and the record in light of the exceptions and briefs[2] and has decided to affirm the judge’s rulings, findings,[3] and conclusions and to adopt the recommended Order as modified below.[4]

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, Diversified Enterprises, Inc., Mount Hope, West Virginia, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.

1. Substitute the following for paragraph 1(b).

“(b) Threatening employees because they engage in activities on behalf of or in support of the Mid-Atlantic Regional Counsel of Carpenters, West Virginia District, United Brotherhood of Carpenters and Joiners of America, or any other union.”

2. Delete paragraphs 1(d), (e), and (f), and reletter the subsequent paragraphs.

3. 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 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 on your behalf with your employer

Act together with other employees for your benefit and protection

Choose not to engage in any of these protected activities.

We will not threaten employees because they engage in activities on behalf of or in support of the Mid-Atlantic Regional Counsel of Carpenters, West Virginia District, United Brotherhood of Carpenters and Joiners of America, or any other union.

We will not inform employees that employees have been demoted because they have engaged in union activities.

We will not inform employees that they are working less favorable shift hours because they have engaged in union activities.

We will not demote employees, or take away their company vehicles, gas cards, or their lodging expense reimbursements because they engage in union activities.

We will not in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act.

We will make Robert Hornsby whole for any loss of earnings and loss of benefits, including taking away his company truck, gas card, and lodging expense reimbursements, suffered as a result of the discrimination against him in the manner set forth in the Board’s decision.

We will, within 14 days from the date of the Board’s Order, remove from our files any reference to the unlawful demotion and loss of benefits, including taking away his company truck, gas card, and lodging expense reimbursements, of Robert Hornsby and, within 3 days thereafter, notify him in writing that this has been done and that the demotion and loss of benefits will not be used against him in any way.

Diversified Enterprises, Inc.

David Ness, Esq., for the General Counsel.

Robert Dunlap...

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