Mercedes-Benz U.S. International, Inc. (MBUSI)

National Labor Relations Board - Unpublished Board Decisions

Mar 29, 2018

10-CA-112406 (N.L.R.B. Mar. 29, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MERCEDES-BENZ U.S. INTERNATIONAL,
INC. (MBUSI)
and Cases 10-CA-112406
KIRK GARNER
and 10-CA-115917
10-CA-121232
INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE &
AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA
SUPPLEMENTAL DECISION AND ORDER
Statement of the Cases
On October 25, 2017, Mercedes-Benz U.S. International, Inc. (MBUSI) (the
Respondent); Charging Parties Kirk Garner and International Union, United Automobile,
Aerospace & Agricultural Implement Workers of America; and Counsel for the General
Counsel of the National Labor Relations Board entered into a Formal Settlement
Stipulation, approved by the Regional Director for Region 10 on March 12, 2018 and
subject to the Board’s approval, providing for the entry of a consent order by the Board
and a consent judgment by any appropriate United States Court of Appeals.1 The
parties waived all further and other proceedings before the Board to which they may be
entitled under the National Labor Relations Act and the Board’s Rules and Regulations,
and the parties waived their rights to contest the entry of a consent judgment or to
receive further notice of the application therefor.

1 The Board issued a Decision and Order in this proceeding on November 26, 2014.
361 NLRB No. 120. The United States Court of Appeals for the Eleventh Circuit
enforced the Board’s Order in part, including the Board’s findings that the Respondent
maintained an overly broad rule regarding the solicitation and distribution of materials
and that it unlawfully prohibited solicitation and distribution in its atriums. 838 F.3d 1128
(11th Cir. 2016). The Court remanded to the Board for further analysis concerning the
allegations that the Respondent violated Sec. 8(a)(1) by enforcing the overly broad rule
by prohibiting union solicitation and distribution in the Respondent’s team centers. This
Formal Settlement Stipulation pertains only to the outstanding allegations remanded by
the court.
2
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C.,
for the entry of a Supplemental Decision and Order pursuant to the provisions of the
Formal Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business
(a) The Respondent is and has been at all material times a corporation with an
office and place of business in Vance, Alabama (the Respondent’s facility), and has
been engaged in the manufacture and the nonretail sale of automobiles.
(b) In conducting its operations during the 12 months preceding October 25,
2017, the Respondent sold and shipped from its Vance, Alabama facility goods valued
in excess of $50,000 directly to points outside the State of Alabama.
(c) At all material times, the Respondent has been an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
At all material times, the International Union, United Automobile, Aerospace &
Agricultural Implement Workers of America has been a labor organization within the
meaning of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that the Respondent, Mercedes-Benz U.S.
International, Inc. (MBUSI), Vance, Alabama, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Prohibiting distribution in the team center located between C-01 and F1-18
(the Gilbert Team Center) in Assembly 2 during the time immediately before the pre-
shift meeting and during designated breaks by employees who are not on working time.
3
(b) In any like or related manner interfering with, restraining, or coercing
employees in the exercise of the rights guaranteed to them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Within 14 days of service by the Region:
(i) Post at its Vance, Alabama facility copies of the Notice to Employees
attached as Appendix 1. Copies of the notice, on forms provided by the Regional
Director for Region 10, after being signed by the Respondent’s authorized
representative, shall be posted by the Respondent and maintained for 60 days in
conspicuous places, including all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Respondent to ensure that the notices
are not altered, defaced, or covered by any other material.
(ii) Electronically post the Notice to Employees for employees at its
Vance, Alabama facility, if the Respondent customarily uses electronic means such as
an electronic bulletin board, e-mail, website, or intranet to communicate with those
employees.
(iii) In the event that, during the pendency of these proceedings, the
Respondent has gone out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the
notice to all current employees and former employees employed by the Respondent at
the closed facility at any time since September 3, 2013.
(b) Within 21 days after service by the Region, file with the Regional Director for
Region 10 a sworn certification of a responsible official on a form provided by the
Region attesting to the steps the Respondent has taken to comply. The certification
shall include a copy of the documents signed by a company representative, attesting to
the dates that the notices were received at the Vance, Alabama facility, and the dates
that the notices were posted.
Dated, Washington, D.C., March 29, 2018
_____________________________________
Marvin E. Kaplan, Chairman
_____________________________________
Lauren McFerran, Member
_____________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX 1
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING
FOR A BOARD ORDER AND A CONSENT JUDGMENT
OF ANY APPROPRIATE UNITED STATES COURT OF APPEALS
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union
Choose a representative 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 do anything to prevent you from exercising the above rights.
WE WILL NOT prohibit distribution in the team center located between C-01 and F1-18
in Assembly 2 during the time immediately before the pre-shift meeting and designated
breaks provided the involved employees are not on working time.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the National Labor Relations Act.
MERCEDES-BENZ U.S. INTERNATIONAL, INC. (MBUSI)
The Board’s decision can be found at www.nlrb.gov/case/10-CA-112406 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half St., S.E., Washington, D.C.
20570, or by calling (202) 273-1940.