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Caldwell vs. Meijer

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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
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.

Gavel Banging

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 20, 2003.
          (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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