UNITED STATES
OF AMERICA
BEFORE
THE
NATIONAL
LABOR
RELATIONS
BOARD
REGION
13
KARL
KNAUZ
MOTORS,
INC.
DIB/A
KNAUZ
BMW
and
CASE
13-CA-46452
ROBERT
BECKER,
AN
INDIVIDUAL
COMPLAINT
AND
NOTICE
OF
HEARING
Robert
Becker,
An
Individual,hereincalled Charging Party Becker,
has
chargedthat
Karl
Knauz Motors,
Inc.
d/b/aKnauz BMW,herein called
Respondent,
has
been
engaging
in
unfair labor practices
as
set
forth
in
the National Labor RelationsAct,
29
U.S.C.
Section
151
et
seq.
Based thereon
the
Acting General Counsel,
by
theundersigned,
pursuant
to
Section
I
0(b)
of
the
Act
and
Section
102.15
of
the Rules
land
Regulations
of
the National LaborRelations Board, issues this
Complaint
andNotice
of
Hearing
and
alleges
as
follows:
The
charge
in
this
proceeding
was
filed
by
Charging Party Becker
on
Nove
nber
i
30,
2010,
and
a
copy was served
by
regular
mail
on
Respondent on
November
30,
2010.
11
(a)
At
all
material
times
Respondent,
an
Illinois
corporation,
with
an
o
ice
and
place
of
business
in
Lake
Bluff,
Illinois, hereincalledRespondent'sfacility,
haL
been
engaged
the
sale
and service
of
Mercedes-Benz,SmartCars,
Land
Rovers,BMWs,
and
other vehicles.
(b)
During
the pastcalendaryear,
a
representative
period,
Respondent,
in
conductingits
business
operationsdescribedabove paragraph
11(a),
derived gross
r
venue
in
excess
of
$500,000.
(c)
During
the period
of
time describedabove
in
paragraph
II(b), the
Respondent,
in
conducting
its
businessoperationsdescribed above
in
paragraph
II(
purchased
and
receivedgoods
and
materialsvalued
in
excess
of
$5,000
directly
fro
pointslocated
outside
theState
of
Illinois.
(d)
At
all
material timesRespondent
has
been
an
employerengaged
in
commercewithin
the
meaning
of
Section
2(2),
(6)
and
(7)
of
the
Act.
At
all
material
timesthe following individuals heldthe
positions
set
forth oppositetheirrespective 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:
Barry
Taylor
Vice
President
and
GeneralManagerPhilipCerauloGeneralSalesManager,
BMW
PeterGianniniSales
Director,
BMW
IV
(a)
On
or about June
14,
2010,
Charging Party Becker
posted
on his Facebookpageemployees'
concerted protest
and
concernsabout
Respondent's
handling
of
a
sales
event which could
impact
their earnings.
(b)
On or aboutJune
22,
2010,
Respondent discharged Charging PartyBecker.
(c)
Respondent
engaged
in
the
conduct described above
in
paragraph
IV(b)
because ChargingParty Becker engaged
in
theconductdescribedabove
in
paragraph
IV(a)
and
to
discourage
employees fromengaging
in
these
or
other
concerted
activities.
V
By
the
conduct
describedabove
in
paragraph
IV,
Respondenthasbeen interferingwith, restraining, and coercing employees
in the
exercise
of
the
rightsguaranteed
in
Section
7
of
the Act
in
violation
of
Section
8(a)(1)
and
affectingcommercewithin
the
meaning
of
Section
2(6)
and
(7)
of
the Act.
WHEREFORE,
as
part
of
the
remedy for
the
unfairlabor practices alleged
above
in
paragraph
V,
the
Acting GeneralCounsel
seeks
an
order
requiring
reimbursement
of
amounts
equal
to
the difference
in
taxes
owed
upon receipt
of
a
lump-sumbackpaypaymentand
taxes
thatwouldhavebeenowedhadtherebeenno
discrimination.
Further,thatRespondent
be
required
to
submit
the
appropriate
documentation
to
the SocialSecurity
Administration
so
thatwhenbackpay
is
paid,
it willbe
allocated
to the
appropriate
calendar
quarters,
ANSWER
REQUIREMENT
Respondent
is
notifiedthat,pursuant
to
Sections
102.20
and
102.21
of
the
Board's
Rules
and
Regulations,
it
must
file
an
answer
to
the
complaint.Theanswer must
be
received
by
this
office on
or
before
June
3,
2011,
orpostmarked
on
or
before
June
2,
2011.
Unlessfiledelectronically
in
a
pdf
format,Respondentshould
file
an
original
and
four copies
of
theanswerwiththis
officeand
serve
a
copy
of
theanswer
on
each
of
the other parties.
2
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Karl Knauz Motors, Inc.
NLRB Chicago complaint against Karl Knauz Motors, Inc., alleging that it terminated an employee for his Facebook posts, which were concerted activity protected by the National Labor Relations Act.
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