This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Labor Law
Labor Code Violation
Unfair Labor Practices

Browning-Ferris Industries of California Inc., dba BFI Newby Island Recyclery and FPR-II, LLC, dba Leadpoint Business Services, a Joint Employer and Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters

Published: Mar. 19, 2016 | Result Date: Jan. 12, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 32-CA-160759 Bench Decision –  Cease and Desist

Court

NLRB


Attorneys

Respondent

Joshua Ditelberg

Stuart Newman

Michael G. Pedhirney
(Littler Mendelson PC)


Facts

A complaint was filed under the National Labor Relations Act against Browning-Ferris Industries of California Inc., dba BFI Newby Island Recyclery and FPR-II, LLC, dba Leadpoint Business Services, a joint employer and provider of waste removal services.

Contentions

COMPLAINANT'S CONTENTIONS:
The General Counsel to the National Labor Relations Board contended that respondent violated the Act by refusing to recognize and bargain with Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters following its union certification.

RESPONDENT'S CONTENTIONS:
Respondent contended that it had no duty to bargain with the union.

Result

The NLRB concluded that respondent engaged in unfair labor practices, and ordered it to cease and desist violating the law and to take affirmative action to effectuate the policies of the Act. Specifically, it was ordered to bargain with the union if so requested and to set forth any agreement between the parties in a written agreement.

Other Information

COMMISSIONERS: Mark G. Pearce, Philip A. Miscimarra, Kent Y. Hirozawa. FILING DATE: Sept. 25, 2015.


#88855

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390