Extract
Ybarra Construction Co., 35 (2004)
Ybarra Construction Company and D&P Drywall, Inc., a Single Employer and District Council 22, International Union of Painters and Allied Trades, AFL–CIO, CLC. Case 7–CA–44842
September 29, 2004DECISION AND ORDERBy Members Schaumber, Walsh, and MeisburgOn June 16, 2004, Administrative Law Judge Michael A. Rosas issued the attached decision. The Respondent filed exceptions, and the General Counsel filed an answering brief. 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 briefs1 and has decided to affirm the judge’s rulings, findings,2 and conclusions, and to adopt the recommended Order as modified.3ORDERThe National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondents, Ybarra Construction Company, Detroit, Michigan, and D&P Drywall, Inc., Dearborn, Michigan, a single employer, their officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.1. Substitute the following for paragraph 2(b).“(b) Make Allen Kirk whole for any loss of earnings and other benefits suffered as a result of the December 20, 2001 reduction in his hourly wage, the diminution in hours prior to his constructive discharge, and any loss of earnings and other benefits suffered as a result of his constructive discharge, plus interest, in the manner set forth in the remedy section of the decision.”2. Substitute the following for paragraph 2(d).“(d) Within 14 days after service by the Region, post at its facilities in Detroit and Dearborn, Michigan, copies of the attached notice marked “Appendix.”35 Copies of the notice, on forms provided by the Regional Director for Region 7, 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, and mailed by the Respondent, at its own expense, to all individuals employed by the Respondent at its Newberry Homes and Ser Casa Academy projects from December 20, 2001, to the completion of each employee’s work at that jobsite, at the employee’s last known address. 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 ev...See the full content of this document
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