Fairfield Imports LLC dba Fairfield Toyota, Momentum Autogroup and Momentum Toyota of Fairfield and Automotive Machinists Local Lodge No. 1173, District Lodge 190, International Association of Machinists and Aerospace Workers, AFL–CIO
Published: Jun. 21, 2014 | Result Date: Jun. 3, 2014 | Filing Date: Jan. 1, 1900 |Case number: 20–CA–035259; 20–CA–070368; 20–CA–088332; 20–CA–106248 Bench Decision – Cease and desist
Facts
Automotive Machinists Local Lodge No. 1173, District Lodge 190, International Association of Machinists and Aerospace Workers, AFL–CIO filed four complaints against Fairfield Imports LLC d/b/a Fairfield Toyota, Momentum Autogroup and Momentum Toyota of Fairfield, for allegedly violating the National Labor Relations Act. The complaints were later consolidated.
Result
Administrative Law Judge John McCarrick concluded that the company had violated the Act by engaging in unfair labor practices as alleged by the union. The judge also concluded that the company unlawfully discharged Bartolomucci. As a result, the judge ordered the company to cease and desist from its unfair labor practice, and to take certain actions in accordance with the policies of the Act. Additionally, the judge ordered the company to cease and desist from maintaining and enforcing its policies concerning disclosure, publicity, and confidentiality agreement. The judge also required the company to bargain with the union concerning relevant matters. Moreover, the judge recommended the company to rescind or revise the policies previously discussed. Further, the judge ordered the company to offer Bartolomucci full reinstatement to his former job, to compensate him for any loss of earnings and other benefits, and to expunge Bartolomuccis' records concerning the unlawful discharge. The judge also ordered the company to rescind the unilateral changes made in the employees' terms and condition of employment. The judge also required the company to post certain notices.
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