NLRB Case 19-CA-148921


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PostPosted: Fri Jul 17, 2015 5:50 pm
Late last year I started down a path that eventually led me to filing charges against my employer, for violating rights afforded to all employees under the NLRA.

In February of this year I attempted to change a policy, that required delivery driver employees to provide, at their own cost, copies of their Motor Vehicle Records to our employer. I was also attempting to 'make whole' all the employees that had been required to provide these documents. My employer refused to negotiate with me, even though I signed authorizations from more than 50% of the employees at my location. This is when I decided to drive down to the regional NLRB office.

I had already read the DR Horton board decision and subsequent Brief to the 5th Circuit Court. With this knowledge I felt a favorable ruling, from the NLRB, would occur.

In March I filed charges and a proposed settlement has been issued by the Board. The proposed settlement is located at the bottom of this post. This proposed settlement has not been accepted, as far as I know, by my employer.

I have discussed my concerns about the settlement , mainly that the settlement does not include 16 additional locations, that were operated by, or with another party, during the time period the Board has proclaimed (as far back as January 1, 2005). If there are any current, or former, employees of those additional 16 location (list of those locations towards the bottom of this post) that remember having signed a "Dispute Resolution Program" while working at those locations, please contact the NLRB's Regional or sub-regional offices. Region 19, in Seattle, handled the case, and they should be able to transfer you to the attorney that I spoke to. Or you can send me a private message, or public message, and I can provide you with the direct contact information of the NLRB attorney that handled the case.

List of additional location: Washington and Oregon State

Maple Valley, Lake Meridian, Meeker, Des Moines, West Seattle, Orchards, Fourth Plain, Gresham, Division, Powell, Capitol Hwy, Tigard, Aloha, Cedar Mill, Hillsborough, and Salem.

If you do not know what the "Dispute Resolution Program" was/is, I can provide a copy of mine, after I redact personal information.

settlement proposal (for distribution) 7-2-15.pdf
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PostPosted: Sun Jul 26, 2015 4:14 am
Update:

The Charged has proposed changes to the settlement, which if implemented, the Charged will be willing to sign. The Board is willing to accept the new settlement. The Board does not need/require the Charging party to accept the settlement. After speaking with the Board's attorney, I have decided to accept the modified settlement.

The changes are as follows:

1. The Settlement includes a Non-Admission clause (read it in the proposed settlement)
2. The Charged party will not be required to mail all previous employees, only post Notices posted for 60 days at the 13 locations.

settlement proposal (for distribution) 7-24-15 v2.pdf
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PostPosted: Tue Jul 28, 2015 2:07 am
Good job!
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Tue Jul 28, 2015 3:06 am
gregster wrote:Good job!

Thank you for that. It's YOU and all the information you've put together on this forum that taught me I could stand up for myself against my employer. Without you I'd still be receiving maybe $0.20 per mile in mileage reimbursement.

Thank YOU!
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PostPosted: Tue Jul 28, 2015 9:19 pm
elric92 wrote:Thank YOU!


AMEN sir! I'm pretty sure Greg doesn't get anywhere near the recognition he deserves.
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PostPosted: Tue Jul 28, 2015 9:54 pm
You did a great job there, Elric! Its nice to see someone actually still fighting those assholes!

Its actually nice to see something positive and not depressing on the pizza boards for once. And yes, Gregster does not even come close to getting the recognition he deserves; but I think he makes up for it on his facebook board; at least that is what I have heard from someone else, since I do not do facebook. :D

Its nice to see someone actually do something besides whining and hoping for SOMEONE else to step in.

Thanks for posting something "more happy" on here ;) :D
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PostPosted: Wed Jul 29, 2015 1:23 am
Aw shucks... :oops:
"If you ain't on the road, you ain't makin' money!" - gregster

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PostPosted: Wed Jul 29, 2015 4:07 am
PD2 wrote:You did a great job there, Elric! Its nice to see someone actually still fighting those assholes!

Its actually nice to see something positive and not depressing on the pizza boards for once. And yes, Gregster does not even come close to getting the recognition he deserves; but I think he makes up for it on his facebook board; at least that is what I have heard from someone else, since I do not do facebook. :D

Its nice to see someone actually do something besides whining and hoping for SOMEONE else to step in.

Thanks for posting something "more happy" on here ;) :D


I hope things are going well over on the Facebook page. Unfortunately I have an aversion to Facebook and their business practices. It's bad enough I had to provide my email address to Gregster just so I could register for this forum!! /s

I'll hopefully be posting some more "happy" stuff in the coming weeks. "happy" as in good for my fellow employees.

I know of another "someone" that is trying, but seems to only get insults. I might not agree with the way he communicates, but at least he's trying. I for one would like to see a little more support for this person I am thinking of. Some of you have known of him many more years than I have.
Don't expect others to fight your Battles

Master Driver
Posts: 2617
Joined: Tue Apr 24, 2012 4:38 pm
Location: Wa
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Formally employed by a Papa Johns Franchise in Washington state.
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One with an internal combustion engine
PostPosted: Tue Aug 04, 2015 3:18 am
Update: Today I received in the mail an envelope from the NLRB. It basically reiterates what the previous pdfs say, but also includes a copy of the official Notice, here it is after I scanned it.

settlement proposal (for distribution) 7-27-15 NOTICE.pdf
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