San Luis Trucking, (2008)

Extract

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San Luis Trucking, (2008)

San Luis Trucking, Inc. and its alter ego Servicios Especializados Del Colorado, S.A. De C.V., and Factor Sales, Inc., all a single employer and/or joint employers and United Food and Commercial Workers Union, Local 99. Cases 28–CA–20387, 28–CA–20469, 28–CA–20559, 28–CA–20643, and 28–CA–20743

February 29, 2008

DECISION AND ORDER

By Members Liebman and Schaumber

On May 8, 2007, Administrative Law Judge Joseph Gontram issued the attached decision. The Respondent filed exceptions and a supporting brief, the General Counsel filed an answering brief and a limited cross-exception, and the Respondent filed a reply.1

The National Labor Relations Board2 has considered the decision and the record in light of the exceptions and briefs, and has decided to affirm the judge’s rulings, findings,3 and conclusions as modified4 and to adopt the recommended Order.5

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondents, Factor Sales, Inc. and San Luis Trucking, Inc., San Luis, Arizona, and Servicios Especializados Del Colorado, S.A. De C.V., their officers, agents, successors, and assigns, shall take the action set forth in the Order.

Dated, Washington, D.C. February 29, 2008

Wilma B. Liebman, Member

Peter C. Schaumber, Member

(seal) National Labor Relations Board

Johannes Lauterborn, Esq. and Mara-Louise Anzalone, Esq., for the General Counsel.

Gerald Morales, Esq., Lisa Coulter, Esq., and Scott Schwartz, Esq. (Snell & Wilmer), of Phoenix, Arizona, for San Luis Trucking, Inc. and Factor Sales, Inc.

DECISION

Statement of the Case

Joseph Gontram, Administrative Law Judge. This case was tried in San Luis and Somerton, Arizona, on November 7–9, December 5–8, 2006, and January 9 and 10, 2007. United Food and Commercial Workers Union, Local 99 (the Union or the Charging Party) filed the charges and amended charges between July 22, 2005, and April 2, 2006. The consolidated complaint was issued July 31, 2006, and was amended September 19, 2006,[1] and at the start of the hearing (the complaint).

The events at issue in this case occurred after the Union won an election, on January 29, 2005, to represent the employees of San Luis Trucking, Inc. (San Luis Trucking or SLT) for collective-bargaining purposes. An election was initially held in July 2004. However, that election was set aside because of SLT’s unlawful conduct in connection with the election.

The complaint alleges that SLT is the alter ego of Servicios Especializados Del Colorado, S.A. De C.V. (SEC) and Factor Sales, Inc. (Factor Sales), and that these three entities (the Respondents) are a single employer and are joint employers. The complaint alleges that the Respondents unlawfully interrogated their employees and prohibited their employee drivers from speaking to their employee mechanics, in violation of Section 8(a)(1) of the National Labor Relations Act (the Act). The complaint alleges that since approximately March 2005, and without notifying or bargaining with the Union, the Respondents have subcontracted bargaining unit work to third-party enterprises, have imposed more onerous and rigorous terms and conditions of employment on their employees, and have reduced the work hours of specified employees, resulting in the discharge of the employees, in violation of Section 8(a)(5), (3), and (1) of the Act. The complaint alleges that the Respondents, without notifying or bargaining with the Union, closed SLT because SLT’s employees had elected to be represented by the Union, and to discourage other employees of the Respondents from seeking union representation, in violation of Section 8(a)(5), (3), and (1) of the Act. The complaint also alleges that the Respondents have refused to provide the Union with requested information relating to the closure of SLT and the alleged financial reason for the closure of SLT.

On the entire record, including my observation of the demeanor of the witnesses, and after considering the briefs filed by the General Counsel and the Respondents, I make the following

Findings of Fact

i. jurisdiction

SLT, a corporation, is a trucking company that transports goods in interstate commerce, and maintains an office and facility in San Luis, Arizona. In conducting its business, SLT performed services valued in excess of $50,000 in States other than the State of Arizona during the year immediately preceding the filing of the complaint. Factor Sales, Inc., a corporation, is engaged in the retail sale of groceries and related products in various stores throughout the Yuma, Arizona area, and...

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