East Buffet Restaurant, 975 (2008)

Extract

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East Buffet Restaurant, 975 (2008)

East Buffet and Restaurant, Inc. and 318 Restaurant Workers Union. Cases 29–CA–27114, 29–CA–27220, 29–CA–27368, and 29–CA–27724

July 31, 2008

DECISION AND ORDER

By Chairman Schaumber and Member Liebman

On April 3, 2007, Administrative Law Judge Steven Davis issued the attached decision. The Respondent filed exceptions, a supporting brief, and a reply brief. The General Counsel and the Union each filed an answering brief to the Respondent’s exceptions.

The National Labor Relations 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,1 and conclusions as modified2 and to adopt the recommended Order as modified.3

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondent, East Buffet and Restaurant, Inc., Huntington Station, New York, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.

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

“(c) Directing its employees not to speak to co-workers while on duty, telling its employees that they had to eat in two groups and not together, and prohibiting its employees from making or receiving cell phone calls while on duty because of their union and other protected concerted activities.”

2. Substitute the following for paragraph 2(d).

“(d) Within 14 days from the date of the Board’s Order, offer full reinstatement, to the extent that it has not already done so, to the following unfair labor practice strikers 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, displacing if necessary, any replacements hired since April 24, 2006:

Hui Ma Yu Zhen Wang

Yu Chuan ChuBi Chen

Ping Zhang Li Feng Liu

Ping Yuan Wu Xiu Zhu Lin”

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 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 coercively question you about your letters of protest, or about your union or protected concerted activities.

We will not threaten you with transfers to different assignments, threaten you with closure of the restaurant, threaten that we will examine your immigration documentation or tell you that it would be futile to join the Union because of your union or protected concerted activities.

We will not direct you not to speak to your co-workers while on duty, tell you that you have to eat in two groups and not together, or prohibit you from making or receiving cell phone calls while on duty because of your union and other protected concerted activities.

We will not discharge or otherwise discriminate against you for supporting 318 Restaurant Workers’ Union or any other union.

We will not fail or refuse to reinstate unfair labor practice strikers.

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, within 14 days from the date of this Order, offer David Lee full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed.

We will make David Lee whole, with interest, for any loss of earnings and other benefits suffered as a result of the discrimination against him.

We will within 14 days from the date of the Board’s Order, offer the following employees full reinstatement, to the extent that we have not already done so, 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, displacing if necessary, any replacements hired since April 24, 2006:

Hui Ma Yu Zhen Wang

Yu Chuan Chu Bi Chen

Ping Zhang Li Feng Liu

Ping Yuan Wu Xiu Zhu Lin

We will make the above-named employees whole for any loss of earnings a...

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