Decisión de La National Labor Relations Board en Caso IKEA Puerto Rico 2014

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD

SUBREGION 24
SARTON DOMINICANA, S.A.S./IKEA

and
Cases 12-CA-129677
12-CA-131346
12-CA-133226
CENTRAL GENERAL DE TRABAJADORES

and
Case 12-CA-130545
ANDRES CORCHADO-MILLAN, An Individual
ORDER CONSOLIDATING CASES,

CONSOLIDATED COMPLAINT AND NOTICE OF HEARING
Pursuant to Section 102.33 of the Rules and Regulations of the National Labor Relations
Board (the Board) and to avoid unnecessary costs or delay, IT IS ORDERED THAT Cases 12CA-129677, 12-CA-131346 and 12-CA-133226, which are based on charges filed by Central
General de Trabajadores (the Union) against Sarton Dominicana, S.A.S./IKEA (Respondent)
and Case 12-CA-130545, which is based on a charge filed by Andres Corchado-Millan, an
Individual (Corchado), against Respondent, are consolidated.
This Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, which
is based on these charges, is issued pursuant to Section 10(b) of the National Labor Relations
Act (the Act), 29 U.S.C. 151 et seq. and Section 102.15 of the Board's Rules and Regulations,
and alleges that Respondent has violated the Act as described below.
1.
The charges in the above cases were filed by the respective Charging Parties, as set
forth in the following table, and served on Respondent on the dates indicated, by regular mail:
Amendment
Case No.
12-CA-129677
12-CA-129677
Amended
12-CA-130545
Charging Party
Date Filed
Date Served
Union
May 29, 2014
May 30, 2014
Union
June 11, 2014
June 12, 2014
Corchado
June 11,2014
June 11,2014
12-CA-130545
First
Amended
Corchado
August 5, 2014
August 5, 2014
12-CA-130545
Second
Amended
Corchado
September 25, 2014
September 25, 2014
12-CA-131346
Union
June 23, 2014
June 24, 2014
12-CA-133226
Union
July 22, 2014
July 22, 2014
Union
September 25, 2014
September 25, 2014
12-CA-133226
Amended
2.
(a) At all material times, Respondent has been a corporation with an office and place of
business in Carolina, Puerto Rico, herein called Respondent's Carolina facility, and has been
engaged in the retail sale of furniture and related products.
(b)
Respondent in conducting its operations described above in paragraph 2(a),
purchased and received at its Carolina, Puerto Rico facility goods valued in excess of $50,000
directly from points outside the Commonwealth of Puerto Rico.
(c) At all material times, Respondent has been an employer engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the Act.
3.
At all material times, the Union has been a labor organization within the meaning of
Section 2(5) of the Act.
4.
At all material times, the following individuals held the positions set forth opposite their
respective names and have been supervisors of Respondent within the meaning of Section
2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the Act):
Santos Celpa
Supervisor
Omar Garcia
Supervisor
Lizardo Lopez
Warehouse Manager
Sandra Olivar-Castro
Director of Human Resources
Ernie Pena
Supervisor
William Rosario
Assistant to the Director of Human Resources

5.
(a) The following employees of Respondent (Unit A) constitute a unit appropriate for
purposes of collective-bargaining within the meaning of Section 9(b) of the Act:
All regular full-time warehouse employees who work at the Employer's
warehouse in Carolina, Puerto Rico; excluding all other employees, guards and
supervisors as defined in the Act.
(b) On January 21, 2014, the Union was certified as the exclusive collectivebargaining representative of Unit A.
(c) At all times since January 21, 2014, based on Section 9(a) of the Act, the
Union has been the exclusive collective-bargaining representative of Unit A.
6.
(a) The following employees of Respondent (Unit B) constitute a unit appropriate for
purposes of collective-bargaining within the meaning of Section 9(b) of the Act:
All regular part-time warehouse employees who work at the Employers
warehouse in Carolina, Puerto Rico; excluding all other employees, guards and
supervisors as defined in the Act.
(b) On February 18, 2014, the Union was certified as the exclusive collectivebargaining representative of Unit B.
3
(c) At all times since February 18, 2014, based on Section 9(a) of the Act,
the Union tias been the exclusive collective-bargaining representative of Unit B.
7.
Since on or about February 1, 2014, Respondent has maintained the following rules in
its Employee Handbook:
Conduct that requires disciplinary action, suspension or discharge.
Although it is not possible to give a list of all conduct that could be considered
unacceptable, the following are violations of the code of conduct that due to the
severity and negative impact on the operations of the company could require
disciplinary action, suspension or discharge.
34. Solicit or engage in any solicitation activity during working hours, inside
company premises or that interferes with the work of other employees.
40. Distribute printed material or material of any kind not related to the work
performed in the company to other employees while they are performing their
tasks during working hours and/or in working areas.
8.
(a) On or about a date in late April or early May, 2014, Respondent, by Ernie Perla, at
its Carolina facility, threatened to discharge employees because they chose to be represented
by the Union and engaged in union activities.
(b) On or about May 13, 14 and 15, 2014, Respondent, by Santos Celpa, at its Carolina
facility, threatened employees with closer supervision and discharge because of their activities
on behalf of and sympathies for the Union.
9.
(a) On or about May 23, 2014, Respondent discharged its employee Andres CorchadoMilian.
(b) Respondent engaged in the conduct described above in paragraph 9(a) because the
named employee of Respondent formed, joined, and assisted the Union and engaged in
concerted activities, and to discourage employees from engaging in these activities.
4
(c) Respondent exercised discretion in imposing the discharge described above in

paragraph 9(a).
(d) The subject set forth above in paragraphs 9(a) and 9(c), relates to wages, hours,
and other terms and conditions of employment of Unit A and is a mandatory subject for the
purposes of collective bargaining.
(e) Respondent engaged in the conduct described above in paragraphs 9(a) and 9(c)
without prior notice to the Union and without affording the Union an opportunity to bargain with
Respondent with respect to this conduct.
10.
(a) Since on or about June 23, 2014, the Union has designated Andres Corchado-Millan
as a member of its bargaining committee and its agent for the purposes of negotiating a
collective-bargaining agreement with Respondent with respect to the wages, hours and other
terms and conditions of employment of Unit A and Unit B.
(b) Since on or about June 23, 2014, Respondent has failed and refused to meet and
bargain with the Union as the exclusive collective-bargaining representative of Unit A and Unit B
unless Andres Corchado-Millan ceased to be a member of the Union's bargaining committee.
11.
By the conduct described above in paragraphs 7, 8(a) and 8(b), Respondent has been
interfering with, restraining, and coercing employees in the exercise of the rights guaranteed in
Section 7 of the Act, in violation of Section 8(a)(1) of the Act.
12.
By the conduct described above in paragraphs 9(a) and 9(b), Respondent has been
discriminating in regard to the hire or tenure or terms or conditions of employment of its
employees, thereby encouraging membership in a labor organization, in violation of Section
8(a)(1) and (3) of the Act.
13.
By the conduct described above in paragraphs 9(a), 9(c), 9(e) and 10(b), Respondent
has been failing and refusing to bargain collectively and in good faith with the exclusive
collective-bargaining representative of its employees, in violation of Section 8(a)(1) and (5) of
the Act.
14.
The unfair labor practices of Respondent described above affect commerce within the
meaning of Section 2(6) and (7) of the Act.
WHEREFORE, as part of the remedy for the unfair labor practices alleged above, the
General Counsel seeks an Order requiring Respondent's representative to read the Notice to
Employees in Spanish during working time in the presence of a Board Agent at a meeting or
meetings scheduled to ensure the widest possible attendance. Alternatively, the General
Counsel seeks an order requiring that Respondent permit a Board Agent to read the Notice to
Employees in Spanish during work time in the presence of Respondent's representative at a
meeting or meetings scheduled to ensure the widest possible attendance.
As a further remedy for the unfair labor practices alleged above, the General Counsel
seeks an Order requiring Respondent to bargain in good faith with the Union, on request, for the
period required by Mar-Jac Poultry, 136 NLRB 785 (1962), as the recognized bargaining
representative of Unit A and Unit B.
The General Counsel further seeks all other relief as may be just and proper to remedy
the unfair labor practices alleged.
ANSWER REQUIREMENT
Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board's
Rules and Regulations, it must file an answer to the consolidated complaint. The answer must
be received by this office on or before October 14, 2014, or postmarked on or before
October 13, 2014. Respondent should file an original and four copies of the answer with this
office and serve a dopy of the answer on each of the other parties.
An answer may also be filed electronically through the Agency's website. To file
electronically, go to www.nlrb.00v, click on E-File Documents, enter the NLRB Case Number,
and follow the detailed instructions. The responsibility for the receipt and usability of the answer
rests exclusively upon the sender. Unless notification on the Agency's website informs users
that the Agency's E-Filing system is officially determined to be in technical failure because it is
unable to receive documents for a continuous period of more than 2 hours after 12:00 noon
(Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused
on the basis that the transmission could not be accomplished because the Agency's website
was off-line or unavailable for some other reason. The Board's Rules and Regulations require
that an answer be signed by counsel or non-attorney representative for represented parties or
by the party if not represented. See Section 102.21. If the answer being filed electronically is a
pdf document containing the required signature, no paper copies of the answer need to be
transmitted to the Regional Office. However, if the electronic version of an answer to a
complaint is not a pdf file containing the required signature, then the E-filing rules require that
such answer containing the required signature continue to be submitted to the Regional Office
by traditional means within three (3) business days after the date of electronic filing. Service of
the answer on each of the other parties must still be accomplished by means allowed under the
Board's Rules and Regulations. The answer may not be filed by facsimile transmission. If no
answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for
Default Judgment, that the allegations in the consolidated complaint are true.
NOTICE OF HEARING
PLEASE TAKE NOTICE THAT on December 10, 2014, at 9:30 a.m., at the NLRB
Hearing Room, La Torre de Plaza, Plaza Las Americas Mall, Suite 1002, 525 F.D.
Roosevelt Ave., San Juan, Puerto Rico, and on consecutive days thereafter until concluded, a
7
hearing will be conducted before an administrative law judge of the National Labor Relations
Board. At the hearing, Respondent and any other party to this proceeding have the right to
appear and present testimony regarding the allegations in this consolidated complaint. The
procedures to be followed at the hearing are described in the attached Form NLRB-4668. The
procedure to request a postponement of the hearing is described in the attached Form NLRB4338.
Dated this 30th day of September, 2014.
cug,
Margaret J. az, Regid al Directcr
National Labor Relations Board, R
201 E. Kennedy Blvd., Suite 530
Tampa, FL 33602-5824
Attachments
12
Form NLRB -501 (2-08)
DO NOT WRITE IN THIS SPACE

Date Filed
Case

NATIONAL LABOR RELATIONS BOARD
AMENDED CHARGE AGAINST EMPLOYER

INSTRUCTIONS:
,,( thk
a. Name of Employer
12-CA-129677
June 11,2014
,fh MI PR PAninnI flirpc'tnr in whic.h the allened unfair labor oractice occurred or is occunin
1. EMPLOYER AGAINST WHOM CHARGE. IS BROUGHT
b. Tel. No.
787-750-4519
SARTON DOMINICANA, SAS/IKEA

d. Address (street, city, state ZIP code)
PO BOX 8700
CAROLINA, PR 00982
e. Employer Representative
SANDRA OL1VAR CASTRO, HUMAN
RESOURCES DIRECTOR
c. Cell No.
f. Fax No.
g. e-Mail
wiliamsosario@ikea.pr
h. Dispute Location (City and State)
San Juan, PR
i. Type of Establishment (factory, nursing home,
hotel)
j. Principal Product or Service
RETAIL
IMPORT, EXPORT SALE AND

DISTRIBUTION
k. Number of workers at dispute location
20
I. The above-named employer has engaged in and is engaging in unfair labor practices within the meaning of section 8(a), subsections (1) and (5) of
the National Labor Relations Act, and these unfair abor practices are practices affecting commerce within the meaning of the Act, or these unfair
labor practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.
2. Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices)
On or about May 23, 2014, the Employer, through its officers, agents and representatives, terminated the employee
Andres Corchado Milian without prior notification and/or bargaining with Central General de Trabajadores.
3. Full name of party filing charge (If labor organization, give full name, including local name and number)

4b. Tel. No.
4a. Address (street and number, city, state, and ZIP code)
787-250-8074
PO BOX 192901
SAN JUAN, PR 00919-2901
4c. Cell No.
787-348-7616
4d. Fax No.
4e. e-Mail
cgtpuertorico@gmail.com
5. Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge is filed by a labor
organization)
6. DECLARATION
I declare that I have read the above charge and that the statements are true to the best of
my knowledge and belief.
Tel. No.
787-250-8074
Office, if any, Cell No.
(signature of r resentative or person making charge)

Address: S
as 4a
Jose Budet, Representative
787-348-7616
Print Name and Title

Date: 6/11/2014
Fax No.
e-Mail
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE IS, SECTION 1001)
PRIVACY ACT STATEMENT
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq. The principal use of the information is to
assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigation. The routine uses for the information are fully
set forth in the Federal Register, 71 Fed. Reg. 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the
NLRB is voluntary; however, failure to supply the information will cause the NLRB to decline to invoke its processes.
1-1081986503
022.1-81600 8d'NVIIr NV.
;101D]el
Form NLRB - 501 (2-08)

Date Filed
Case
CHARGE AGAINST EMPLOYER

INSTRUCTIONS:
a. Name of Employer
June 23, 2014
12-CA-131346
tonal Director in which the alleged unfair labor practice occurred or is occurring.
1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT
b. Tel. No.
787-750-4519
SARTON DOMINICANA, SAS/ IKEA
c. Cell No.
PO BOX 8700
CAROLINA, PR 00982
e Employer Representative
SANDRA OLIVAR CASTRO, HUMAN
RESOURCES DIRECTOR
i Type of Establishment (factory, nursing home,

hotel)
RETAIL

DISTRIBUTION
f. Fax No.
g. e-Mail
,
20
I. The above-named employer has engaged in and is engaging in unfair labor practices within the meaning of section 8(a), subsections (1) (5) of the
National Labor Relations Act, and these unfair labor practices are practices affecting commerce within the meaning of the Act, or these unfair labor
practices are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.
Since about June 23, 2014, the Employer has failed to bargain collectively and in good faith with the Union
Central General de Trabajadores, CGT by refusing to meet and bargain with designated representatives of
the Union, including Pedro Torres, Carmelo Cora, Hector Rosario and Andres Corchado.
3. Full name of party filing charge (if labor organization, give full name, including local name and number)

4b. Tel. No.
PO BOX 192901
SAN JUAN, PR 00919-2901
4c. Cell No.
787-250-8074
787-348-7676
4d. Fax No.
4e. e-Mail
5. Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge:IL:filedifix
a labor
.
=
organization)
c_
_L--=
c_
6. DECLARATION
Tel. No.
:=
-z
- -
r\)
ro
co
;...: 4- ---
Office, if any, Cell No. CD

By:
e Pi
(signature of representative or person making charge)
Address: same as 4(a)
Carmelo Cora, Union Delegate

Date: 6/23/2014
939-287
Fax No.
e-Mail
yanmichae1007@
-
c-) .-..,c
- rc__
E, r 7:1)
Hi
(13
-.:.-
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1.)
ri
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M..)
ail.com
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001)
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq. The principal use of the information is to
assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceediags or litigation. The routine uses for the information are fully
set forth in the Federal Register, 71 Fed. Reg 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the
1-1090634494

Date Filed
Case

AMENDED CHARGE AGAINST EMPLOYER

INSTRUCTIONS:
12-CA-133226
.,Er,
25 2014
File an original of this charge with NLRB Regional Director in w'nich the alleged unfair labor practice occurred or is occurring.
b. Tel. No.
a. Name of Employer
787-750-4519

SANDRA OLIVAR CASTRO, HUMAN
RESOURCES DIRECTOR
PO BOX 8700
CAROLINA, PR 00982
c. Cell No.
f. Fax No.
g. e-Mail
wiliam.rosario@ikea.pr
San Juan, PR
i. Type of Establishment (factory, nursing home.
hotel)
j Principal Product or Service
RETAIL

DISTRIBUTION
20
of the
I. The above-named employer has engaged in and Is engaging in unfair labor practices within the meaning of section 8(a), subsections (1)
National Labor Relations Act, and these unfair labor practices are practices affecting commerce within he meaning of the Act, or these unfair labor practices
are unfair practices affecting commerce within the meaning of the Act and the Postal Reorganization Act.
Since on or about the past six months the Employer has maintained an overly broad no distribution/no solicitation rule in its
_
employee manual.

4b. Tel. No.
787-250-8074
PO BOX 192901
San Juan, PR 00919-2901
4c. Cell No.

4d. Fax No.
4e. e-Mall
'
5. Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge is filed bye labor
organization)
6. DECLARATION
By.
(sign
Add
e of representative or person making charge)

s: Same as 4a
Tel. No.
787-220-0316
Jose Budet, Union

Representative

Date:
Fax No.
e-Mail
787-348-7616
V.
PRIVACY AC7' STATEMENT
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA). 29 U.S.C. 151 el seq The principal use of the information is to
assist the National Labor Relations Board (NLRB) in processing unfair labor practice and related proceedings or litigation. The routine uses for the information are fully
set forth in the Federal Register, 71 Fed. Reg. 74942-43 (Dec. 13, 2006). The NLRB will further explain these uses upon request. Disclosure of this information to the
02z
Lc
. e?
,y1/07
;,e
F6-17
- 501 .
,
Date Filed
Case

SECOND AMENDED CHARGE AGAINST EMPLOYER

INSTRUCTIONS:
12-CA-130545
SEP 25, 2014
File an original of this charge with NLRB Regional Director in which the alleged unfair labor practice occurred or is occurring.
b. Tel. No.
a. Name of Employer
787-750-4519

PO BOX 8700
CAROLINA, PR 00982
c. Cell No.
f. Fax No.
SANDRA OLI VAR CASTRO, HUMAN
RESOURCES DIRECTOR
g. e-Mail
wiliam.rosario@ikea.pr
h. Dispute Location (City arid State)
San Juan, PR
i. Type of Establishment (factory, nursing home,

hotel)
RETAIL

DISTRIBUTION
20
I. The above-named employer has engaged In and Is engaging in unfair labor practices within the meaning of section 8(a), subsections (1) and (3) of the
National Labor Relations Act, and these unfair labor practices are practices affecting commerce within the meaning of the Act, or these unfair labor practices
are unfair practices affecting_commerce within the meaning_of the Act and the Postal Reorganization Act.
Since on or about April 22, 2014, the Employer, through its officers, agents and representatives, has interfered with,
restrained, and coerced its employees by threatening employees with discharge and with unspecified threats of reprisals
in order to discourage union activities or membership.
On or about May 23, 2014, the Employer, through its officers, agents and representatives, terminated the employee
Andres Corchado Milian because of his support of Central General de Trabajadores and because he expressed his
preferences to be part of the bargaining unit represented by Central General de Trabajadores by resigning to his team
leader position.
Andres Corchado Milian

4b. Tel. No.
Urb. Interamericana Gardens

AC 31 calle 15
Trujillo Alto, PR 00976
787-220-0316
4c. Cell No.
4d. Fax No.
4e. e-Mail
5. Full name of national or international labor organization of which it is an affiliate or constituent unit (to be filled in when charge is filed by a labor
organization)
6. DECLARATION
Tel. No.
787-348-7616
By.
Jose Budet, Representative
(signatj4 of representative or person making charge)

: PO BOX 192901, San Juan, PR 00919-2901
Add

Date:
Fax No.787-282-6122
e-Mail
j.budet@hotrnail.com
Solicitation of the information on this form is authorized by the National Labor Relations Act (NLRA), 29 U.S.C. 151 es seg The principal use of the information is to
assist the National Labor Relations Board (NLRB) m processing unfair labor practice and related proceedings or litigation. The routine uses for the Information are fully
set forth in the Federal Register, 71 Fed. Reg. 74942-43 (Dec. 13, MO. TherNp1B-will fitrthe,r explain these uses upon request. Disclosure of this information to the
NLRB is voluntary; however, failure to supply the information will caUle'the$Thfifi isidectitie t'd inirac'e its-processes.
,,
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Decisión de La National Labor Relations Board en Caso IKEA Puerto Rico 2014

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Decisión de La National Labor Relations Board en Caso IKEA Puerto Rico 2014

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UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

SARTON DOMINICANA, S.A.S./IKEA

CENTRAL GENERAL DE TRABAJADORES

ANDRES CORCHADO-MILLAN, An Individual

ORDER CONSOLIDATING CASES,

May 29, 2014

May 30, 2014

June 11, 2014

June 12, 2014

September 25, 2014

September 25, 2014

June 23, 2014

June 24, 2014

July 22, 2014

July 22, 2014

September 25, 2014

September 25, 2014

Respondent in conducting its operations described above in paragraph 2(a),

Director of Human Resources

Assistant to the Director of Human Resources

(c) Respondent exercised discretion in imposing the discharge described above in

Form NLRB -501 (2-08)

DO NOT WRITE IN THIS SPACE

UNITED STATES OF AMERICA

AMENDED CHARGE AGAINST EMPLOYER

SARTON DOMINICANA, SAS/IKEA

j. Principal Product or Service

IMPORT, EXPORT SALE AND

k. Number of workers at dispute location

CENTRAL GENERAL DE TRABAJADORES

4c. Cell No.

(signature of r resentative or person making charge)

Jose Budet, Representative

Print Name and Title

022.1-81600 8d'NVIIr NV.

Form NLRB - 501 (2-08)

DO NOT WRITE IN THIS SPACE

UNITED STATES OF AMERICA

CHARGE AGAINST EMPLOYER

June 23, 2014

SARTON DOMINICANA, SAS/ IKEA

i Type of Establishment (factory, nursing home,

j. Principal Product or Service

IMPORT, EXPORT SALE AND

CENTRAL GENERAL DE TRABAJADORES

4b. Tel. No.

4c. Cell No.

Office, if any, Cell No. CD

Carmelo Cora, Union Delegate

DO NOT WRITE IN THIS SPACE

UNITED STATES OF AMERICA

AMENDED CHARGE AGAINST EMPLOYER

SARTON DOMINICANA, SAS/IKEA

d. Address (street, city, state ZIP code)

j Principal Product or Service

IMPORT, EXPORT SALE AND

k. Number of workers at dispute location

CENTRAL GENERAL DE TRABAJADORES

4c. Cell No.

e of representative or person making charge)

Jose Budet, Union

Office, if any, Cell No.