decisión de la national labor relations board en caso ikea puerto rico 2014

8/10/2019 Decisión de la National Labor Relations Board en caso IKEA Puerto Rico 2014

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UNITED STATES OF AMERICA

BEFORE THE N TION L L BOR REL TIONS BO RD

SUBREGION 24

SARTON DOMINICANA, S.A.S./IKEA

and

Cases 12-CA-129677

CENTRAL GENERAL DE TRABAJADORES

2-CA-131346

12-CA-133226

and

ANDRES CORCHADO-MILLAN, An Individual

ase 12-CA-130545

ORDER CO NSOLIDATING CASES

CONSOLID TED COMPL INT ND NOTICE OF HE RING

Pursuant to Section 102.33 of the Rules and Regulations of the National Labor Relations

Board (the Board) and to avoid unnecessary costs or delay, IT IS ORDERED THAT Cases 12-

CA-129677, 12-CA-131346 and 12-CA-133226, which are based on charges filed by Central

General de Trabajadores (the Union) against Sarton Dominicana, S.A.S./IKEA (Respondent)

and Case 12-CA-130545, which is based on a charge filed by Andres Corchado-Millan, an

Individual (Corchado), against Respondent, are consolidated.

This Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, which

is based on these charges, is issued pursuant to Section 10(b) of the National Labor Relations

Act (the Act), 29 U.S.C. § 151 et seq. and Section 102.15 of the Board s Rules and Regulations,

and alleges that Respondent has violated the Act as described below.

1

The charges in the above cases were filed by the respective Charging Parties, as set

forth in the following table, and served on Respondent on the dates indicated, by regular mail:



Case No.

Amend

ment

harging Party

Date Filed

Date Served

12-CA-129677

Union

May 29, 2014

May 30, 2014

12-CA-129677

Amended

Union June 11, 2014 June 12, 2014

12-CA-130545

Corchado

June 11,2014 June 11,2014

12-CA-130545

First

Amended

Corchado

August 5, 2014

August 5, 2014

12-CA-130545

Second

Amended

Corchado September 25, 2014

September 25, 2014

12-CA-131346

Union

June 23 2014

June 24, 2014

12-CA-133226 Union

July 22 2014

July 22, 2014

12-CA-133226

Amended Union

September 25, 2014

September 25, 2014

2.

(a)

At all material times, Respondent has been a corporation with an office and place of

business in Carolina, Puerto Rico, herein called Respondent's Carolina facility, and has been

engaged in the retail sale of furniture and related products.

(b)

Respondent in conducting its operations described above in paragraph 2(a),

purchased and received at its Carolina, Puerto Rico facility goods valued in excess of 50,000

directly from points outside the Commonwealth of Puerto Rico.

(c)

At all material times, Respondent has been an employer engaged in commerce

within the meaning of Section 2(2), (6), and (7) of the Act.

3.

At all material times, the Union has been a labor organization within the meaning of

Section 2(5) of the Act.

2



4

At all material times, the following individuals held the positions set forth opposite their

respective names and have been supervisors of Respondent within the meaning of Section

2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the Act):

Santos Celpa

upervisor

Omar Garcia

upervisor

Lizardo Lopez

arehouse Manager

Sandra Olivar-Castro

irector of Human Resources

Ernie Pena

upervisor

William Rosario

ssistant to the Director of Human Resources

5

(a)

The following employees of Respondent (Unit A) constitute a unit appropriate for

purposes of collective-bargaining within the meaning of Section 9(b) of the Act:

All regular full-time warehouse employees who work at the Employer s

warehouse in Carolina, Puerto Rico; excluding all other employees, guards and

supervisors as defined in the Act.

(b) On January 21, 2014, the Union was certified as the exclusive collective-

bargaining representative of Unit A.

(c)

At all times since January 21, 2014, based on Section 9(a) of the Act, the

Union has been the exclusive collective-bargaining representative of Unit A.

6

(a)

The following employees of Respondent (Unit

B

constitute a unit appropriate for

purposes of collective-bargaining within the meaning of Section 9(b) of the Act:

All regular part-time warehouse employees who work at the Employers

warehouse in Carolina, Puerto Rico; excluding all other employees, guards and

supervisors as defined in the Act.

(b)

On February 18, 2014, the Union was certified as the exclusive collective-

bargaining representative of Unit

B.

3



c) At all times since February 18, 2014, based on Section 9 a) of the Act,

the Union tias been the exclusive collective-bargaining representative of Unit B.

7.

Since on or about February 1, 2014, Respondent has maintained the following rules in

its Employee Handbook:

Conduct that requires disciplinary action, suspension or discharge.

Although it is not possible to give a list of all conduct that could be considered

unacceptable, the following are violations of the code of conduct that due to the

severity and negative impact on the operations of the company could require

disciplinary action suspe nsion or discharge .

34. Solicit or engage in any solicitation activity during working hours, inside

company premises or that interferes with the work of other employees.

40. Distribute printed material or material of any kind not related to the work

performed in the company to other employees while they are performing their

tasks during working hours and/or in working areas.

8.

a)

On or about a date in late April or early May, 2014, Respondent, by Ernie Perla, at

its Carolina facility, threatened to discharge employees because they chose to be represented

by the Union and engaged in union activities.

b)

On or about May 13, 14 and 15, 2014, Respondent, by Santos Celpa, at its Carolina

facility, threatened employees with closer supervision and discharge because of their activities

on behalf of and sympathies for the Union.

9.

a)

On or about May 23, 2014, Respondent discharged its employee Andres Corchado-

Milian.

b)

Respondent engaged in the conduct described above in paragraph 9 a) because the

named employee of Respondent formed, joined, and assisted the Union and engaged in

conce rted activities and to discourag e employees from engag ing in these activities.

4



(c)

Respondent exercised discretion in imposing the discharge described above in

paragraph 9(a).

(d)

The subject set forth above in paragraphs 9(a) and 9(c), relates to wages, hours,

and other terms and conditions of employment of Unit A and is a mandatory subject for the

purposes of collective bargaining.

(e)

Respondent engaged in the conduct described above in paragraphs 9(a) and 9(c)

without prior notice to the Union and without affording the Union an opportunity to bargain with

Respondent with respect to this conduct.

10

(a)

Since on or about June 23, 2014, the Union has designated Andres Corchado-Millan

as a member of its bargaining committee and its agent for the purposes of negotiating a

collective-bargaining agreement with Respondent with respect to the wages, hours and other

terms and conditions of employment of Unit A and Unit B.

(b)

Since on or about June 23, 2014, Respondent has failed and refused to meet and

bargain with the Union as the exclusive collective-bargaining representative of Unit A and Unit B

unless Andres Corchado-Millan ceased to be a member of the Union s bargaining committee.

11

By the conduct described above in paragraphs 7, 8(a) and 8(b), Respondent has been

interfering with, restraining, and coercing employees in the exercise of the rights guaranteed in

Section 7 of the Act, in violation of Section 8(a)(1) of the Act.

12

By the conduct described above in paragraphs 9(a) and 9(b), Respondent has been

discriminating in regard to the hire or tenure or terms or conditions of employment of its

employees, thereby encouraging membership in a labor organization, in violation of Section

8(a)(1) and (3) of the Act.



13.

By the conduct described above in paragraphs 9(a), 9(c), 9(e) and 10(b), Respondent

has been failing and refusing to bargain collectively and in good faith with the exclusive

collective-bargaining representative of its employees, in violation of Section 8(a)(1) and (5) of

the Act.

14.

The unfair labor practices of Respondent described above affect commerce within the

meaning of Section 2 6) and 7) of the Act.

WHEREFORE, as part of the remedy for the unfair labor practices alleged above, the

General Counsel seeks an Order requiring Respondent s representative to read the Notice to

Employees in Spanish during working time in the presence of a Board Agent at a meeting or

meetings scheduled to ensure the widest possible attendance. Alternatively, the General

Counsel seeks an order requiring that Respondent permit a Board Agent to read the Notice to

Employees in Spanish during work time in the presence of Respondent s representative at a

meeting or meetings scheduled to ensure the widest possible attendance.

As a further remedy for the unfair labor practices alleged above, the General Counsel

seeks an Order requiring Respondent to bargain in good faith with the Union, on request, for the

period required by

Mar-Jac P oultry 136 NLRB 785 1962), as the recognized bargaining

representative of Unit A and Unit B.

The General Counsel further seeks all other relief as may be just and proper to remedy

the unfair labor practices alleged.

NSWER REQUIREMENT

Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board s

Rules and Regulations, it must file an answer to the consolidated complaint. The answer must

be

received by this office on or before October 14 2014 or postmarked on or before

6



October 13 2014.

Respondent should file an original and four copies of the answer with this

office and serve a dopy of the answer on each of the other parties

An answer may also be filed electronically through the Agency s website. To file

electronically, go to www.nlrb.00v, click on E-File Documents enter the NLRB Case Number,

and follow the detailed instructions. The responsibility for the receipt and usability of the answer

rests exclusively upon the sender. Unless notification on the Agency s website informs users

that the Agency s E-Filing system is officially determined to be in technical failure because it is

unable to receive documents for a continuous period of more than 2 hours after 12:00 noon

(Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused

on the basis that the transmission could not be accomplished because the Agency s website

was off-line or unavailable for some other reason. The Board s Rules and Regulations require

that an answer be signed by counsel or non-attorney representative for represented parties or

by the party if not represented. See Section 102.21. If the answer being filed electronically is a

pdf document containing the required signature, no paper copies of the answer need to be

transmitted to the Regional Office. However, if the electronic version of an answer to a

complaint is not a pdf file containing the required signature, then the E-filing rules require that

such answer containing the required signature continue to be submitted to the Regional Office

by traditional means within three (3) business days after the date of electronic filing. Service of

the answer on each of the other parties must still be accomplished by means allowed under the

Board s Rules and Regulations. The answer may not be filed by facsimile transmission. If no

answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for

Default Judgment, that the allegations in the consolidated complaint are true.

NOTICE OF HE RING

PLEASE TAKE NOTICE THAT on

December 10 2014 at 9:30 a.m. at the NLRB

Hearing Room La Torre de Plaza Plaza Las Americas Mall Suite 1002 525 F.D.

Roosevelt Ave. San Juan Puerto Rico

and on consecutive days thereafter until concluded, a

7



hearing will be conducted before an administrative law judge of the National Labor Relations

Board. At the hearing Respondent and any other party to this proceeding have the right to

appear and present testimony regarding the allegations in this consolidated complaint. The

procedures to be followed at the hearing are described in the attached Form NLRB-4668. The

procedure to request a postponement of the hearing is described in the attached Form NLRB-

4338.

Dated this 30

t day of September 2014.

cug

Margaret J. az Regid al Directcr

National Labor Relations Board R

201 E. Kennedy Blvd. Suite 530

Tampa

L

33602-5824

12

Attachments

8



DO NOT WRITE IN THIS SPACE

Case

ate Filed

12-CA-129677

une 11,2014

Form NLR B -501 (2-08)


NATIONAL LABOR RELATIONS BOARD

AMENDED CHARGE AGAINST EMPLOYER

INSTRUCTIONS:

•

• •,, thk

fh MI PR PAninnI flirpc tnr in whic.h the allened unfair labor oractice occurred or is occunin

.

. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT

a. Name of Em ployer

SARTON DOMINICANA, SAS/IKEA

b.

Tel. No.

787-750-4519

c.

Cell No.

d.

Address (street, city, state ZIP code)

PO BOX 8700

CAROLINA, PR 00982

e.

Employer Representative

SANDRA OL1VAR CASTRO, HUMAN

RESOURCES DIRECTOR

f.

Fax No.

g.

e-Mail

[email protected]

h.

Dispute Location (City and State)

San Juan, PR

i.

Type of Establishment (factory, nursing home,

hotel)

RETAIL

j.

Principal Product o r S ervice

IMPORT, EXPORT SALE AND

DISTRIBUTION

k.

Number of workers at dispute location

20

I. The above-named employer has engaged in and is engaging in unfair labor practices within the meaning of section 8(a), subsections (1)

and 5)

of

the National Labor Relations Act, and these unfair abor practices are practices affecting commerce within the meaning of the Act, or these unfair

labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.

2.

Basis of the Charge

set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)

On or about May 23, 2014, the Employer, through its officers, agents and representatives, terminated the employee

Andres Corchado Milian without prior notification and/or bargaining with Central General de Trabajadores.

3.

Full name of party filing charge

If labor organ ization, give full name , including local name and num ber)


4a. Address (street and number, city, state, and ZIP code)

PO BOX 192901

SAN JUAN, PR 00919-2901

4b.

Tel. No.

787-250-8074

4c.

Cell No.

787-348-7616

4d.

Fax No.

4e.

e-Mail

[email protected]

5.

Full name of national or international labor organization of which it is an affiliate or constituent unit

to be filled in when charge is filed by a labor

organization)

6. DECLARATION

eclare that I have read the above charge and that the statements are true to the best of

my knowledge and belief.

Tel. No.

787-250-8074

Jose B udet, Representative

Office, if any, Cell No.

787-348-7616

(signature of r esentative or person making charge)

rint Name an d Tit le

Address: S

s 4a

ate: 6/11/2014

Fax No.

e-Mail

[email protected]

WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT U.S. CODE, TITLE IS, SECTION 1001

PRIV CY CT ST TEME NT

Solicitation of the information on this form is authorized by the National Labor Relations Act NLRA ), 29 U.S.C. § 151

et seq

The principal use of the information is

assist the National Labor Relations Board NLR B) in processing unfair labor practice and related proceedings or litigation. The routine uses for the information are fu

set forth in the Federal Register, 71 Fed. Reg. 74942-43 Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the

NLRB is voluntary; however, failure to supply the information will cause the NLRB to decline to invoke its processes.

-10819865

022.1-81600 8d NVIIr N V.

;101D]el



Form NLRB - 501 2-08)



CHARGE AGAINST EMPLOYER

INSTRUCTIONS

DO NOT W RITE IN THIS SPACE

Case

ate Filed

12-CA-131346

une 23, 2014

tonal Director in which the alleged unfair labor practice occurred o r is occurring.

1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT

a. Name of Em ployer

SARTON DOMINICANA, SAS/ IKEA

b.

Tel. No.

787-750-4519

c.Cell No.

d.

Address street, city, state ZIP code)

P O B O X 8700

CAROLINA, PR 00982

e Employer Representative

SANDR A OLIVAR CASTRO, HUMAN

RESOURCES DIRECTOR

f.Fax No.

g.

e-Mail

h.Dispute Location City and State)

i Type of Establishment factory, nursing home,

hotel)

RETAIL

j. Principal Product or Service

IMPORT, EXPORT SALE AN D

DISTRIBUTION

k. Number of workers at dispute location

20

I . The above-nam ed em ployer has engaged in and is engaging in unfair labor practices within the meaning of section 8 a), subsections 1) 5) of the

National Labor Relations Act, and these unfair labor practices are practices affecting commerce within the meaning of the Act, or these unfair labor

practices are unfair practices affecting com m erce within the meaning o f the Act and the Po stal Reorganization Act.

2.

Basis of the Charge

set forth a clear and concise statem ent of the facts constituting the alleged unfair labor practices)

Since about June 23, 2014, the Employer has failed to bargain collectively and in good faith with the Union

Central General de Trabajadores, CGT by refusing to meet and bargain with designated representatives of

the Union, including Pedro Torres, Carmelo Cora, Hector Rosario and Andres Corchado.

3.Full name of party filing charge if labor organization, give full name, including local name and numb er)


4a. Address street and number, city, state, and ZIP code)

PO BOX 192901

SAN JUAN, PR 00919-2901

4b. Tel. No.

787-250-8074

4c.

Cell No.

787-348-7676

4d.

Fax No.

4e. e-Mail

[email protected]

5.

ull name of national or international labor organization of which it is an affiliate or constituent unit to be filled in when charge:IL:filedifix a labor

organization)

c_ L

_

6. DECLARATION

I declare that I have read the above charge and that the statements are true to the best of

my knowledge and belief

Tel. No.

= - i

r

z

\

o

-

-

-c c _ _ •

co , — 7:

)

By:

armelo Cora, Union Delegate

Office, if any, Cell

D

...: - • ---

939-287

o.

1 3

. : . -

•.

)

i

signature of representative or person making charge)

rint Name and Title

Address: same

ame as 4 a)

ate: 6/23/2014

Fax No.

-

-

•--

1

e-Mail

..)

yanmichae1007@

il.com

WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT U.S. CODE, TITLE 18, SECTION 1001)

PRIVACY ACT STATEMENT

Solicitation of the inform ation on this form is authorized by the National Labor Relations Act NL RA), 29 U.S.C. § 151

et seq.

The principal use of the inform ation is t

assist the National Labor Relations Bo ard NL RB ) in processing unfair labor practice and related proceediags or litigation. The routine uses for the inform ation are ful

set forth in the Federal Register, 71 Fed. Reg 74942-43 Dec. 13, 2006). The N LR B will further explain these uses upon request. Disclosure of this inform ation to the

NL RB is voluntary; however, failure to supply the inform ation will cause the NLR B to decline to invoke its processes.

-109063449





AMENDED CHARGE AGAINST EMPLOYER

INSTRUCTIONS:

File an original of this charge with NLRB Regional Director in w nich the alleged unfair labor

DO NOT WRITE IN THIS SPACE

Case

Date Fi led

12 CA 133226

25 014

practice occurred or is occurring.


a. Name of Employer

SARTON DO MINICANA, SAS/IKEA

b.Tel. No.

787-750-4519

c.

Cell No.

d.

Address (street, city, state ZIP code )

PO BOX 8700

CAROLINA, PR 00982

e.


SANDRA OLIVAR CASTRO, HUMAN

RESOURCES DIRECTOR

f.

Fax No.

g.

e-Mail

[email protected]

h.Dispute Location (City and State)

San Juan, PR

i.

Type of Establishment (factory, nursing home.

hotel)

RETAIL

j Principal Product or Service


DISTRIBUTION

k. Number of workers at dispute location

20

I . The above-named employer has eng aged in and Is engaging in unfair labor practices within the meaning of section 8(a), subsections (1)

f the

National Labor Relat ions Act, and these unfair labor practices are practices affecting commerce within he meaning of the Act, or these unfair labor practices

are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.

2.

Basis of the Charge

set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)

Since on or abou t the past six months the Employer ha s maintained an ove rly broad no distribution/no solicitation rule in its

employee manu al.

3.

Full name of p arty f iling charge

if labor organization, give full name, including local name and number)


4a. Address (street and num ber, city, state, and ZIP code)

PO BOX 192901

San Ju an, PR 00919-2901

4b.

Tel. No.

787-250-8074

4c. Cell No.

4d. Fax No.

4e.

e-Mall

5.


to be filled in when charge is filed bye labor

organization)

6.

DECLARATION

I declare that I have read the above charge and that the statements

are true

to the best of

my knowledge and belief.

Tel. No.

787 220 0316

Jose Budet, Union

By.

Representative


787 348 7616

(sign

of representative or person making charge)

rint Name and Tit le

Add

: Same as 4a

ate:

Fax No.

e-Mail


PRIVACY AC7 STATEM ENT

Solicitation of the information on this form is authorized by the National Labor Relations Act NLRA ). 29 U.S.C. § 151

l s q

The principal use of the information is to

assist the National Labor Relations Board NLRB) in processing unfair labor practice and related proceedings or li tigation. The routine

us s

for the information are fully

set forth in the Federal Register, 71 Fed. Reg. 74 942-43 Dec. 13, 200 6). The NLRB will further explain these uses upon request. Disclosure of this information to the

NLRB is voluntary; however, failure to supply the information will cause the NLR B to decline to invoke its processes.

L

„ e?

,y1/07

•

F 6 1 7

02z



- 501

.



SECOND AMENDED CHARG E AGAINST EMPLOYER

INSTRUCTIONS:

File an original of this charge with NLRB Regional Director in which the alleged unfair labor

DO NOT WRITE IN THIS SP CE

s

Case

Date Filed

12-CA-130545

SEP 25

014

practice occurred or is occurring.


a. Name of Employer

SARTON DOMINICANA, SAS/ IK EA

b.

Tel. No.

787 750 4519

c.

Cell No.

d.

Address (street, city, state ZIP code)

PO BOX 8700

CAROL INA, PR 00 982

e.


SANDRA OLI VAR CASTRO, HUMAN

RESOURCES DIRECTOR

f.

Fax No.

g.

e-Mail

wil [email protected]

h.

Dispute Locat ion (City arid S tate)

San Juan, PR

i.

ype of Establishment (factory, nursing home,

hotel)

RETAIL

j.Principal Product or Service


DISTRIBUTION

k.

Numbe r of workers at dispute locat ion

20

I . The above-named employer has engaged In and Is engaging in unfair labor practices within the m eaning of sect ion 8(a), subsections (1) and (3) of the

National Labor Relations Act, and these unfair labor practices are practices affecting commerce within the meaning of the Act, or these unfair labor practices

are unfair practices affecting_commerce within the meaning_of the Act and the Postal Reorganization Act.

2.

Basis of the Charge

set forth a

clear and con cise statement of the facts constituting the alleged unfair labor practices)

Since on or about A pri l 22, 2014, the E mployer, through its off icers, agents and representatives, has interfered with,

restrained, and coerced its employees by threatening em ployees with discharge and w ith unspecif ied threats of reprisals

in order to discourage union activit ies or m embe rship.

On or abou t May 23, 201 4, the Employer, through its off icers, agents and representatives, terminated the employee

Andres C orchado Mil ian because of his support of Central General de Trabajadores and be cause he expressed h is

preferences to be part of the barga ining unit represented by Central Gene ral de Trabajadores by resigning to his team

leader po sit ion.

3.

Full name o f party f i ling charge

if labor organization, give full name, including local name and number)

Andres Corchado Mil ian

4a. Address (street and numbe r, c ity, state, and ZIP code)

Urb. Interamericana Gardens

AC 31 ca l le 15

Trujillo Alto,

PR00976

4b.Tel. No.

787-220-0316

4c.

Cell No.

4d.

Fax No.

4e.

e-Mail

5.


to be filled in when cha rge is filed by a labor

organization)

6.

DECLARATION

I declare that I have read the above charge and that the statements are true to the best of

my knowledge and

belief.

Tel. No.

787-348-7616

Jose Budet, R epresentative


By.

(signatj4 of representat ive or person m aking charge)

rint Name and Title

Add

PO BOX 1 92901, San Juan, PR 00919-2901

ate:

Fax No.787-282-6122

e-Mail

[email protected]


PRIVACY ACT STATEMENT

Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. § 1 51

s s g

The principal use of the information is to

assist the National Labor Relations Board (NLRB) m processing unfair labor practice and related proceedings or litigation. The routine uses for the Information are fully

set forth in the Federal Register, 71 Fed. Reg. 74942-43 (Dec. 13,

MO.TherNp1B-will fitrthe

explain these uses upon request. Disclosure of this information to the

NLRB is voluntary; how ever, failure to supply the informa tion will caUle'the Thfifi isi•dectitie t'd inirac'e its

-

processes.

•

LE:6 1

7

n7

P.o1D7-j