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Motion for Default Judgment, National Labor Relations Board, Veolia and ATU 1433, Phoenix, AZ

Motion for Default Judgment, National Labor Relations Board, Veolia and ATU 1433, Phoenix, AZ

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Published by darwinbondgraham
Violia refused to furnish information to the union necessary for bargaining, and engaged in acts of interference and coercion against employees.

"Within the last six months, the above-named Employer has discriminated against its employees by, among other things, bargaining in bad faith including by engaging in surface bargaining, refusing to provide information to the below-named Union pursuant to information requests, direct dealing with the represented employees, engaging in unilateral changes, disparaging the Union, and by failing to remit dues pursuant to dues check off. By the above and other acts. the above-named employer has interfered with, restrained, and coerced employees in tile exercise of tile rights guaranteed in Section 7 of the Act."
(Charges against Veolia filed by an employee and union member on Feb 4, 2011)

"During the past six months, the above named employer (1) implemented part of its Sick Leave proposal at a time when the parties were not at an overall impasse in bargaining, (2) engaged in regressive, bad-faith, and surface bargaining by reopening for negotiations articles which were previously agreed to by the parties during earlier negotiations; (3) has refused to process grievances up through, and including, arbitration, and (4) has engaged in an overall pattern of bad faith and surface bargaining. Also, on or about February 7, 2011, the Employer unilaterally terminated monthly dues checkoffs. On February 16, 2011. the Employer unilaterally reinstated an absentee policy which had been suspended since July of 2010. The charging party requests 100) relief. By the above and other acts, the above-named Employer has interfered with, restrained, and coerced employees in the exercise of their rights guaranteed in Section 7 of the Act."
(Charges filed against Veolia on March 14, 2011)

When a settlement agreement was reached, Veolia violated it:

"At no time since it entered into the Settlement Agreement and the Settlement Agreement was approved by the Regional Director has Respondent complied with its obligation under the Settlement Agreement to bargain in good faith with the Union."
(March 9, 2012 letter of NLRB General Counsel to the Board)

The General Counsel of the NLRB asked the Board to force Veolia to comply. Only upon this threat did Veolia agree to bargain.
Violia refused to furnish information to the union necessary for bargaining, and engaged in acts of interference and coercion against employees.

"Within the last six months, the above-named Employer has discriminated against its employees by, among other things, bargaining in bad faith including by engaging in surface bargaining, refusing to provide information to the below-named Union pursuant to information requests, direct dealing with the represented employees, engaging in unilateral changes, disparaging the Union, and by failing to remit dues pursuant to dues check off. By the above and other acts. the above-named employer has interfered with, restrained, and coerced employees in tile exercise of tile rights guaranteed in Section 7 of the Act."
(Charges against Veolia filed by an employee and union member on Feb 4, 2011)

"During the past six months, the above named employer (1) implemented part of its Sick Leave proposal at a time when the parties were not at an overall impasse in bargaining, (2) engaged in regressive, bad-faith, and surface bargaining by reopening for negotiations articles which were previously agreed to by the parties during earlier negotiations; (3) has refused to process grievances up through, and including, arbitration, and (4) has engaged in an overall pattern of bad faith and surface bargaining. Also, on or about February 7, 2011, the Employer unilaterally terminated monthly dues checkoffs. On February 16, 2011. the Employer unilaterally reinstated an absentee policy which had been suspended since July of 2010. The charging party requests 100) relief. By the above and other acts, the above-named Employer has interfered with, restrained, and coerced employees in the exercise of their rights guaranteed in Section 7 of the Act."
(Charges filed against Veolia on March 14, 2011)

When a settlement agreement was reached, Veolia violated it:

"At no time since it entered into the Settlement Agreement and the Settlement Agreement was approved by the Regional Director has Respondent complied with its obligation under the Settlement Agreement to bargain in good faith with the Union."
(March 9, 2012 letter of NLRB General Counsel to the Board)

The General Counsel of the NLRB asked the Board to force Veolia to comply. Only upon this threat did Veolia agree to bargain.

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Published by: darwinbondgraham on Jul 10, 2013
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07/21/2015

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UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 28

VEOLIA TRANSPORTATION SERVICES, INC.
(PHOENIX DIVISION)

and

Cases 28-CA-23249
28-CA-23358
28-CA-23401
28-CA-23497

AMALGAMATED TRANSIT UNION,
LOCAL
1433, AFL-CIO

NOTICE OF INTENT TO AMEND COMPLAINT

PLEASE TAKE NOTICE that at the opening of the hearing in the above

captioned matter on July 25, 2011, Counsel for the Acting General Counsel will move to amend

the Second Consolidated Complaint, dated June 30, 2011, ("Complaint"), to add the following to

paragraph 4(a) of the Complaint:

Dave Todd -

Operations Manager

Dated at Phoenix, Arizona, this 14 1h day of July, 2011.

Respectfully submitted,

/s/ John T. Giannopoulos

John T. Giannopoulos
Counsel for the General Counsel
National Labor Relations Board, Region 28
2600
North Central Ave., Suite 1800
Phoenix, AZ 85004
Telephone: 602-640-2123
Facsimile: 602-640-2178

AFFIDAVIT OF SERVICE

I, the undersigned employee of the National Labor Relations Board, being duly sworn, depose
and say that on the date indicated above I served the foregoing by E-mail and regular mail to
following addresses:

James Foster, Esq.
McMahon-Berger
2730 North Ballas Road, Suite 200
St. Louis, MO 63131-3039
E-Mail: foster@mcmalionberyer.com

Michael Keenan, Esq.
Ward, Keenan & Barrett, PC
3838
North Central Avenue, Suite 1720
Phoenix, AZ 85012
E-Mail: rn keen an @ward kee nan ba rrett. co ni

Joseph M. Burns, Esq.
Jacobs, Burns, Orlove, Stanton & Hernandez
122 South Michigan Avenue, Suite 1720
Chicago, IL 60603
E-Mail: 'burns@*bosh.corn

Dated at Phoenix, Arizona, this 14 1h day of July 2011.

/s/ John T. Giannopoulos
John T. Giannopoulos
Counsel for the Acting General Counsel

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