Region 13 Certifications March 2017.FINAL_

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 Loyola University Chicago Employer And Service Employees International Union Local 73, CLC/CTW Petitione

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UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 13

Loyola University Chicago

Employer And

Service Employees International Union Local 73,

CLC/CTW

Petitioner

Case 13-RC-164618

TYPE OF ELECTION: BOARD DECISION

AMENDED CERTIFICATION OF REPRESENTATIVE

An election has been conducted under the Board’s Rules and Regulations The Tally of Ballots shows that a collective-bargaining representative has been selected No timely objections have been filed The Employer’s Request for Review was granted solely with regards to the

inclusion of the Department of Theology faculty in the unit, and the case was remanded to the Regional Director for appropriate action Accordingly, this Amended Certification of

Representative excludes faculty in the Department of Theology

As authorized by the National Labor Relations Board, it is certified that a majority of the valid ballots has been cast for

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73,

non-Excluding: All faculty in the Department of Theology, all tenured faculty, track faculty, distinguished service faculty, research faculty who are not teaching credit bearing courses, and emeritus faculty; all faculty in non-degree granting programs, unless expressly included above; all faculty teaching in programs housed

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tenure-or facilities and addresses other than those described above; all faculty teaching online courses only; employees who do not teach undergraduate or graduate level credit-earning courses or labs, unless expressly included above; the Water Tower Campus, the Health Sciences Campus, the Retreat and Ecology Campus, the Rome Campus, the Beijing Campus, the Vietnam Center; the School of Continuing and Professional Studies, the Marcella Niehoff School of Nursing, the Stritch School of Medicine, the Quinlan School of Business, the School of Education, the Corboy Law Center, the School of Social Work, the School of Communications, the Institute of Pastoral Studies, the Arrupe College, the Loyola University Museum of Art (LUMA), faculty paid by entities other than Loyola University Chicago (including governments and organizations); all administrators (including deans, directors, trustees, provosts, and chairs who may have teaching assignments); graduate students; athletic coaches; academic advisors, including those with teaching assignments; all other employees employed by the University, including those who teach a class or course and are separately compensated for such teaching; and managers, confidential employees, office clerical employees, professional employees, guards and supervisors as defined in the Act

March 20, 2017

_/s/ Peter Sung Ohr

Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board

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NOTICE OF BARGAINING OBLIGATION

In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election

The employer is not precluded from changing bargaining unit employees’ terms and conditions

during the pendency of post-election proceedings, as long as the employer (a) gives sufficient notice to

the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor

organization leads to agreement or overall lawful impasse.

This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collective-

bargaining representative, the employer’s obligation to refrain from making unilateral changes to

bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final

determination about certification of the labor organization has not yet been made

It is important that all parties be aware of the potential liabilities if the employer unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status as the statutory representative of the employees This is so even if the changes were motivated by sound business considerations and not for the purpose of undermining the labor organization As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains to overall lawful impasse

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1

Exceptions may include the presence of a longstanding past practice, discrete event, or exigent

economic circumstance requiring an immediate response.

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Amy Moor Gaylord, Esq., Partner

Franczek Radelet P.C

300 South Wacker Drive, Suite 3400 Chicago, IL 60606-6708

John P Pelissero, President

Loyola University Chicago

1032 West Sheridan Road

Chicago, IL 60660

Daniel Zapata, Counsel

Service Employees International Union Local 73, CLC/CTW

300 South Ashland Avenue, Suite 400 Chicago, IL 60607-2746

Ashley L Renner, Organizing Coordinator Service Employees International Union Local 73, CLC/CTW

Sean McGough, Organizing Director Service Employees International Union Local 73, CLC/CTW

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REGION 13 AMG RESOURCES

Employer and

International Brotherhood of Teamsters, Local No

INTERNATIONAL BROTHERHOOD OF TEAMSTERS,

Excluded: Office clerical employees and guards, professional employees and

supervisors as defined by the Act

March 6, 2017

/s/ Peter Sung Ohr

Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board

Attachment: Notice of Bargaining Obligation

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In the recent representation election, a labor organization received a majority of the valid votes cast Except in unusual circumstances, unless the results of the election are subsequently set aside in a post-election proceeding, the employer’s legal obligation to refrain from

unilaterally changing bargaining unit employees’ terms and conditions of employment begins on the date of the election

The employer is not precluded from changing bargaining unit employees’ terms and

conditions during the pendency of post-election proceedings, as long as the employer (a) gives

sufficient notice to the labor organization concerning the proposed change(s); (b) negotiates in good faith with the labor organization, upon request; and (c) good faith bargaining between the employer and the labor organization leads to agreement or overall lawful impasse

This is so even if the employer, or some other party, files objections to the election pursuant to Section 102.69 of the Rules and Regulations of the National Labor Relations Board (the Board) If the objections are later overruled and the labor organization is certified as the employees’ collective-bargaining representative, the employer’s obligation to refrain from making unilateral changes to bargaining unit employees’ terms and conditions of employment begins on the date of the election, not on the date of the subsequent decision by the Board or court Specifically, the Board has held that, absent exceptional circumstances,1 an employer acts

at its peril in making changes in wages, hours, or other terms and conditions of employment during the period while objections are pending and the final determination about certification of the labor organization has not yet been made

It is important that all parties be aware of the potential liabilities if the employer

unilaterally alters bargaining unit employees’ terms and conditions of employment during the pendency of post-election proceedings Thus, typically, if an employer makes post-election changes in employees’ wages, hours, or other terms and conditions of employment without notice to or consultation with the labor organization that is ultimately certified as the employees’ collective-bargaining representative, it violates Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the effect of undermining the labor organization’s status

as the statutory representative of the employees This is so even if the changes were motivated

by sound business considerations and not for the purpose of undermining the labor organization

As a remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain, upon request, with the labor organization with respect to these changes; and 3) compensate employees, with interest, for monetary losses resulting from the unilateral implementation of these changes, until the employer bargains in good faith with the labor organization, upon request, or bargains

to overall lawful impasse

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1 Exceptions may include the presence of a longstanding past practice, discrete event, or exigent

economic circumstance requiring an immediate response

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D Rusty Denton, Esquire

Bingham, Greenbaum, Doll, LLP

2700 Market Tower, 10 West Market Street Indianapolis, IN 46204-2954

1300 Clark Road

Gary, IN 46404-1699

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REGION 13 Dill Pickle Food Co-Op

Employer and

Dill Pickle Food Co-op Workers Organizing

Committee, Chicago Branch Industrial Workers of

DILL PICKLE FOOD CO-OP WORKERS ORGANIZING COMMITTEE, CHICAGO BRANCH INDUSTRIAL WORKERS

OF THE WORLD

and that it is the exclusive collective-bargaining representative of the employees in the following appropriate unit:

Included: All statutory employees including full-time and regular part-time

cashiers, produce stockers, grocery stockers, accounts payable assistants, marketing employees, meat buyers, wellness buyers and refrigerated buyers employed by the Employer at its facilities including the one currently located at 3039 West Fullerton Avenue, Chicago, Illinois 60647

Excluded: Supervisors as defined by the Act including marketing supervisors, human resources representatives, front end managers, produce managers, grocery managers, office managers, branding managers, general managers, and guards and professional employees as defined by the Act

March 23, 2017 /s/ Peter Sung Ohr

Peter Sung Ohr Regional Director, Region 13 National Labor Relations Board Attachment: Notice of Bargaining Obligation

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