Region 13 Certifications May 2017.Final_Redacted

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

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 13

Saint Xavier University

Employer and

Service Employees International Union, Local 1

Petitioner

Case 13-RC-092296

TYPE OF ELECTION: RD DIRECTED

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

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 1

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

Unit: All full-time and regular part-time housekeepers employed by the Employer at its facility

currently located at 3700 W 103rd St., Chicago, Illinois, but excluding all managerial employees, office clerical employees, and guards, professional employees, and supervisors as defined by the Act

May 8, 2017

/s/ Paul Hitterman

Paul Hitterman Acting Regional Director, Region 13 National Labor Relations Board

Saint Xavier University

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

_

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

economic circumstance requiring an immediate response.

Saint Xavier University

Pete Skatch

Saint Xavier University

3700 W 103rd Street

Warde Academic Center A-305

Chicago, IL 60655-3105

Amy Moor Gaylord, Esq

Franczek Radelet P.C

300 S Wacker Drive, Suite 3400

Chicago, IL 60606-6708

Netzahualcóyotl Rodriguez, Organizer

Service Employees International

Union Local 1

180 W Park Avenue, Suite 200

Elmhurst, IL 60126-3367

Michele Cotrupe, Esq

Service Employees International

Union Local 1

111 E Wacker Drive

Suite 1700

Chicago, IL 60601

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 13 United Parcel Service, Inc

Employer and

Teamsters Local Union No 705

Petitioner

Case 13-RC-196958

TYPE OF ELECTION: STIPULATED

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

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

TEAMSTERS LOCAL UNION NO 705

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

Included: All full-time and regular part-time Customer Center Associates employed by the Employer at the facility currently located at 210 West 63rd Street, Westmont, IL 60559

Excluded: All other employees, confidential employees, professional employees, managerial employees, guards and supervisors as defined by the Act

May 17, 2017

/s/ Peter Sung Ohr

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

Attachment: Notice of Bargaining Obligation

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

_

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

economic circumstance requiring an immediate response

John A Klages, Attorney

Quarles & Brady LLP

300 N La Salle Dr Ste 4000

Chicago, IL 60654-5427

Margaret Kuzara, District Labor Manager

United Parcel Service, Inc

210 W 63rd St

Westmont, IL 60559-2610

Reema Kapur, Esq., Attorney at Law

Quarles & Brady LLP

300 N La Salle Dr, Ste 4000

Chicago, IL 60654-5427

Joey M Henslee, Esq., Labor & Employment Counsel United Parcel Service, Inc

55 Glenlake Parkway NE

Corporate Legal Dept, Bldg 3, Fl 4

Atlanta, GA 30328-3474

Alex M Tillett-Saks, Legal Counsel

Teamsters Local Union No 705

1645 W Jackson Blvd., 7th Fl

Chicago, IL 60612

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 13

LBP Manufacturing LLC

Employer and

AN INDIVIDUAL

Petitioner and

Teamsters Local 777

Union

Case 13-RD-195371

TYPE OF ELECTION: D&DE

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

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

TEAMSTERS LOCAL 777

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

Included: All full -time and regular part-time production employees and truck drivers employed by the Employer at its facilities currently located at 1325 South Cicero Avenue, Cicero, Illinois; 1401 North Cicero Avenue, Chicago, Illinois; and,

5490 West Roosevelt Road, Chicago, Illinois

Excluded: All mechanics, office clerical employees, professional employees,

technical and administrative employees, managerial employees, guards and

supervisors as defined by the Act

RIGHT TO REQUEST REVIEW

Pursuant to Section 102.67 of the Board’s Rules and Regulations, a request for review may be filed with the Board at any time following the issuance of this Decision until 14 days after a final disposition of the proceeding by the Regional Director Accordingly, a party is not precluded from filing a request for review of this decision after the election on the grounds that it did not file a request for review of this Decision prior to the election The request for review must conform to the requirements of Section 102.67 of the Board’s Rules and Regulations

A request for review may be E-Filed through the Agency’s website but may not be filed

by facsimile To E-File the request for review, go to www.nlrb.gov, select E-File Documents, enter the NLRB Case Number, and follow the detailed instructions If not E-Filed, the request for review should be addressed to the Executive Secretary, National Labor Relations Board, 1015 Half Street SE, Washington, DC 20570-0001 A party filing a request for review must serve a copy of the request on the other parties and file a copy with the Regional Director A certificate

of service must be filed with the Board together with the request for review

Neither the filing of a request for review nor the Board’s granting a request for review will stay the election in this matter unless specifically ordered by the Board

May 9, 2017

/s/ Peter Sung Ohr

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

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

_

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

economic circumstance requiring an immediate response

James D Thomas, Esq

Jackson Lewis P.C

150 North Michigan Avenue, Suite 2500 Chicago, IL 60601-7619

Selene Diaz, HR Representative

LBP Manufacturing LLC

1325 South Cicero Avenue

Cicero, IL 60804-1404

Teamsters Local 777

7827 Ogden Avenue

Lyons, IL 60534-1312

James Glimco, President

Teamsters Local 777

7827 Ogden Avenue

Lyons, IL 60534-1312

(b) (6), (b) (7)(C)