August 31, 2004:
Judge Michael A. Rosas renders his decision in Federal trial of Robert Lee
Caldwell verses Meijer, Inc. A partial listing of the findings follow:
Having found that the Respondant (Meijer's) has engaged in certain unfair labor practices,
I find that it must be ordered to cease and desist and to take certain affirmative action designed to effectuate the policies
of the Act (the Act can be read in it's entirety at www.nlrb.gov)
On these findings of fact and conclusions of law and on the entire record, I issue
the following recommended ORDER
The Respondant, Meijer, Inc., Grand Rapids, Michigan, its officers,
agents, successors, and assigns, shall
1. Cease and desist from
(a) Promulgating, maintaining or enforcing a
rule or policy that prohibits its off-duty employees from engaging in union solicitation and distribution in the
parking lots and other exterior areas of its Tipp City, Ohio distribution facility and Dayton, Ohio-area retail stores
located at Harshman Road and Kettering, Springboro Pike, Englewood, Beaver Creek, and Troy.
(b) Promulgating, maintaining or
enforcing a rule prohibiting its employees from engaging in union solicitation during working time, unless such activities
would unduly disrupt the Respondant's business.
(c) In any like or related manner interfering
with, restraining, or coercing employees in the exercise of the rights gauranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to effectuate the policies of the Act.
(a) Rescind Policy No. 079 in the
Team Member Handbook and the letter of October 20, 2003. Furtermore, the Respondant shall notify its employees, in writing,
that it has done so.
(b) Within 14 days after service
by the Region, post at its Tipp City distribution facility and Harshman Road, Springboro Pike, Englewood, Beaver Creek, and
Troy, Ohio retail stores copies of the attached copies of the attached notice marked "Appendix." Copies of the notice, on
forms provided by the Regional Director for Region 9, after being signed by the Respondant's authorized representative, shall
be posted by Respondant and maintained for 60 consecutive days in conspicuous places including all places
where notices to employees are customarily posted. Reasonable steps shall be taken by Respondant to ensure that the notices
are not altered, defaced, or covered by any other material. In the event that, during the pendancy of these proceedings, Respondant
has gone out of business or closed the facility involved in these proceedings, Respondant shall duplicate and mail, at its
own expense, a copy of the notice to all current employees and former employees employed by Respondant at any time since October
(c) Within 21 days after service by the
Region, file with the Regional Director a sworn certification of a responsible official on a form provided by the Region attesting
to the steps that the Respondant has taken to comply.
IT IS FURTER ORDERED that the consolidated complaint is dismissed insofar
as it alleges violations of the Act not specifically found.
Dated, Washington, D.C. August 31, 2004
Administrative Law Judge
Michael A. Rosas
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