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I hope that this message finds all of you safe and healthy. Our office staff has been working on a remote basis since March, and I am proud to say that they have done an excellent job. Region 13 has adapted to the pandemic by utilizing technology to continue to investigate unfair labor practice charges and process representation cases. On the former, we are taking telephone affidavits and using technology to communicate with the parties during the course of the investigation. On the latter, we continue to conduct elections with election counts being performed by our agents, largely using the Zoom platform. As we continue to navigate our way forward, we are training our staff on the use of Zoom and other applications in an effort to conduct unfair labor practice and representation case hearings remotely.
I recognize that there is a certain something lost in not having direct face-to-face interaction with charging parties, employers, unions, and practitioners. There is something to be said for a smile and a handshake. And with those basic elements of human interaction missing from our dealings with you, I ask that you please continue to be patient and kind in dealing with our agents and one another. Exclusive phone and e-mail contact leaves us without the connections to which we have become accustomed, but we are the same human beings on the other end of the phone or keyboard. Our staff has been striving to do their best during these challenging times. We miss those interactions with you, and we thank you for your continued support of the Region 13 staff.
—Peter Sung Ohr
Significant Region 13 Decisions and Settlements
In Napleton Cadillac of Libertyville, 369 NLRB No. 56 (2020), the Board affirmed the ALJ’s findings that the Respondent committed multiple violations of the Act. The Board found that the Respondent failed and refused to execute a collective-bargaining agreement and failed and refused to reinstate unfair labor practice strikers. The Board’s Order included a make-whole remedy for the unfair labor practice strikers. Field Attorneys Emily O’Neill and Catherine Schlabowske successfully litigated the case. Field Examiner Jay Greenhill investigated the charge, supervised by Supervisory Field Examiner Kate Gianopulos.
In Altura Communication Solutions, LLC, 369 NLRB No. 85 (2020), the Board detailed the Employer’s bargaining proposals to uphold the ALJ’s decision that those proposals evinced an intent to bargain in bad faith. Region 13 argued, and the Board agreed, that the proposals, taken together, would have resulted in the employees and the Union having fewer rights than they did prior to the Union’s certification. Although it is difficult to prove bad faith based on bargaining proposals, the proposals in this case could have no other interpretation. In summary, the proposals included: a sweeping management rights clause; a broadly worded “zipper” clause; work-jurisdiction provisions placing no restrictions on the Employer’s use of non-bargaining-unit employees; a broad no-strike clause that including prohibition of protests “regardless of the reason”; layoff provisions eliminating seniority as a consideration; healthcare provisions permitting the Employer to eliminate coverage at will; proposals granting the Employer the ability to establish and change all policies, rules, regulations and performance standards on 10 days’ notice; and a two-tier wage proposal that gave the Respondent complete discretion to set rates of pay above specified minimums.
The case was litigated by Field Attorneys Christina Hill and Emily O’Neill, and investigated by Field Attorney Ed Castillo. Deputy Regional Attorney Jessica Muth supervised both the investigation and the trial.
In UNITE HERE Local 1 (Hyatt Regency Chicago), 369 NLRB No. 65 (2020), the Board ordered the Respondent Union to cease and desist from refusing to bargain collectively with the Employer by failing and refusing to furnish it with requested information that is relevant and necessary to the Employer’s ability to prepare for or defend against grievances. The Union was ordered to turn over information related to grievances it had filed. The case was investigated and tried by Field Attorney Elizabeth Cortez. Supervisory Field Examiner Kate Gianopulos supervised the investigation and Deputy Regional Attorney Jessica Muth supervised the trial.
The Region settled a series of charges in Pipeline Health Systems, 13-CA-250652 et al., that involved multiple allegations of discharge and retaliation for protected concerted activity in the context of the closure of a hospital. Additional issues included supervisory status, joint/single employer analyses involving multiple entities, and bankruptcy issues. The settlements included backpay and multiple notice postings. Field Examiner Ximena Molano investigated the charges, supervised by Supervisory Field Examiner Paul Prokop.
Arrivals & Departures
The Region will be losing long-serving employees Denise Gatsoudis and Rosie Everett-Stewart to retirement. Denise Gatsoudis served in Region 13 for nearly 40 years. Her dedication to her craft was rivaled only by her sharp wit and sense of humor. Denise was selfless in going about her day-to-day tasks in an unflappable manner, helping employees in any way that she could. She trained numerous employees over the years, and in her most recent capacity as Docket Issuance and File Clerk she ensured that each and every charge and petition filed in Region 13 was properly docketed and served.
Rosie Everett-Stewart came to work each day prepared for the next set of challenges. Her bright smile and unwavering patience brought a calming presence to our office. As the Region’s Litigation Support Assistant, Rosie assisted our attorneys with the preparation of documents and exhibits for trial. Rosie was also instrumental in keeping track of the progress of deferred cases in the office by working with the Deputy Regional Attorney to ensure deferral follow up letters were timely issued to the parties. Rosie worked in Region 13 for 17 years, and she dedicated 40 years to government service.
We will miss Denise and Rosie’s expertise, consistency, dedication and work ethic. But most of all we will miss them as the good friends that they have become. We wish both of them the best in their well-deserved retirements.
Michael Burros joined Region 13 in April as a Field Examiner after working for OSHA’s whistleblower protection program for about 11 years. His most recent assignment was to OSHA’s West Coast region where he provided advice to investigators, conducted investigations, supervised investigations, conducted alternative dispute resolution and taught OSHA’s investigation standards, processes and procedures. Prior to joining OSHA, Michael lived in northwest Spain where he owned and operated a restaurant in compliance with the relevant collective-bargaining agreement (convenio colectivo).
Mike Fredendall will be with Region 13 this summer as a Law Student Intern. He is originally from the Detroit area and earned his bachelor’s degree in economics at Michigan State University. After graduating, Mike worked in import/export work for a year and then joined AmeriCorps, where he worked with a scholarship foundation in mid-Michigan for two years. Mike is currently pursuing a JD at the University of Illinois in Champaign-Urbana, with an expected graduation date of May 2021. Mike’s interest in labor law was sparked while working in the cafeteria during college and seeing the difference in benefits and pay between the full-time chefs who were covered by a union contract and the rest of the non-union cafeteria workforce.
We welcome Michael and Mike to Region 13!
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