CONSTELLATION BRANDS, U.S. OPERATIONS, INC. D/B/A WOODBRIDGE WINERY

362 NLRB No. 151 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. Constellation Brands, U.S. Operations, Inc. d/b/a Woodbridge Winery and Cannery, Warehouse- men, Food Processors, Drivers and Helpers, Lo- cal Union No. 601, International Brotherhood of Teamsters. Case 32–CA–148431 July 29, 2015 DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA AND MCFERRAN This is a refusal-to-bargain case in which the Re- spondent is contesting the Union’s certification as bar- gaining representative in the underlying representation proceeding. Pursuant to a charge filed by Cannery, Warehousemen, Food Processors, Drivers and Helpers, Local Union No. 601, International Brotherhood of Teamsters (the Union) on March 18, 2015, the General Counsel issued the complaint on May 13, 2015, alleging that Constellation Brands, U.S. Operations, Inc. d/b/a Woodbridge Winery (the Respondent) has violated Sec- tion 8(a)(5) and (1) of the Act by refusing the Union’s request to recognize and bargain following the Union’s certification in Case 32–RC–135779. (Official notice is taken of the record in the representation proceeding as defined in the Board’s Rules and Regulations, Secs. 102.68 and 102.69(g). Frontier Hotel, 265 NLRB 343 (1982).) The Respondent filed an answer, admitting in part and denying in part the allegations in the complaint, and asserting affirmative defenses. On June 4, 2015, the General Counsel filed a Motion for Summary Judgment. On June 8, 2015, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent filed a response. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Summary Judgment The Respondent admits its refusal to bargain, but con- tests the validity of the certification on the basis of its position that the petitioned-for unit is inappropriate. In addition, the Respondent contends that necessary credi- bility resolutions were not made in the prior representa- tion proceeding. All representation issues raised by the Respondent were or could have been litigated in the prior representa- tion proceeding. The Respondent does not offer to ad- duce at a hearing any newly discovered and previously unavailable evidence, nor does it allege any special cir- cumstances that would require the Board to reexamine the decision made in the representation proceeding. We therefore find that the Respondent has not raised any representation issue that is properly litigable in this un- fair labor practice proceeding. See Pittsburgh Plate Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord- ingly, we grant the Motion for Summary Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent, a New York corporation with an office and place of business in Acampo, California (the facility), has been engaged in the business of producing wine. During the 12-month period ending March 18, 2015, the Respondent, in conducting its operations described above, purchased and received at the facility goods val- ued in excess of $50,000 directly from points outside the State of California. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act, and that the Union is a labor organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES A. The Certification Following the representation election held on March 4, 2015, the Union was certified on March 12, 2015, as the exclusive collective-bargaining representative of the em- ployees in the following appropriate unit: All full-time and regular part-time operator I, operator II, senior operator, and foremen employees working in the outside cellar department and employed by the Em- ployer at its Acampo, California, facility; excluding all other employees, office clerical employees, temporary workers, employees working in the following depart- ments: barrel, cellar services, recycling, wine info, fa- cilities maintenance, engineering, bottling, bottling san- itation, bottling maintenance, quality control, laborato- ries, warehouse, and winemaking, guards, managers, and supervisors as defined in the Act. The Union continues to be the exclusive collective- bargaining representative of the unit employees under Section 9(a) of the Act. B. Refusal to Bargain By letters dated March 5 and 13, 2015, the Union re- quested that the Respondent bargain with it as the exclu- sive collective-bargaining representative of the unit em- ployees and, since March 25, 2015, the Respondent has refused to do so. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 We find that this failure and refusal constitutes an un- lawful failure and refusal to recognize and bargain with the Union in violation of Section 8(a)(5) and (1) of the Act. CONCLUSION OF LAW By failing and refusing since March 25, 2015, to rec- ognize and bargain with the Union as the exclusive col- lective-bargaining representative of the employees in the appropriate unit, the Respondent has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has violated Section 8(a)(5) and (1) of the Act, we shall order it to cease and desist, to bargain on request with the Union and, if an understanding is reached, to embody the understanding in a signed agreement. To ensure that the employees are accorded the services of their selected bargaining agent for the period provided by law, we shall construe the initial period of the certifi- cation as beginning the date the Respondent begins to bargain in good faith with the Union. Mar-Jac Poultry Co., 136 NLRB 785 (1962); accord Burnett Construction Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965); Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817 (1964). ORDER The National Labor Relations Board orders that the Respondent, Constellation Brands, U.S. Operations, Inc. d/b/a Woodbridge Winery, Acampo, California, its offic- ers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing and refusing to recognize and bargain with Cannery, Warehousemen, Food Processors, Drivers and Helpers, Local Union No. 601, International Brotherhood of Teamsters as the exclusive collective-bargaining rep- resentative of the employees in the bargaining unit. (b) In any like or related manner interfering with, re- straining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) On request, bargain with the Union as the exclu- sive collective-bargaining representative of the employ- ees in the following appropriate unit on terms and condi- tions of employment and, if an understanding is reached, embody the understanding in a signed agreement: All full-time and regular part-time operator I, operator II, senior operator, and foremen employees working in the outside cellar department and employed by the Em- ployer at its Acampo, California, facility; excluding all other employees, office clerical employees, temporary workers, employees working in the following depart- ments: barrel, cellar services, recycling, wine info, fa- cilities maintenance, engineering, bottling, bottling san- itation, bottling maintenance, quality control, laborato- ries, warehouse, and winemaking, guards, managers, and supervisors as defined in the Act. (b) Within 14 days after service by the Region, post at its facility in Acampo, California, copies of the attached notice marked “Appendix.”1 Copies of the notice, on forms provided by the Regional Director for Region 32, after being signed by the Respondent's authorized repre- sentative, shall be posted by the Respondent and main- tained for 60 consecutive days in conspicuous places, including all places where notices to employees are cus- tomarily posted. In addition to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent custom- arily communicates with its employees by such means. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or cov- ered by any other material. If the Respondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current em- ployees and former employees employed by the Re- spondent at any time since March 25, 2015. (c) Within 21 days after service by the Region, file with the Regional Director for Region 32 a sworn certifi- cation of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C. July 29, 2015 ______________________________________ Mark Gaston Pearce, Chairman ______________________________________ Kent Y. Hirozawa, Member 1 If this Order is enforced by a judgment of a United States court of appeals, the words in the notice reading “Posted by Order of the Na- tional Labor Relations Board” shall read “Posted Pursuant to a Judg- ment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” WOODBRIDGE WINERY 3 ______________________________________ Lauren McFerran, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we vio- lated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected activities. WE WILL NOT fail and refuse to recognize and bargain with Cannery, Warehousemen, Food Processors, Drivers and Helpers, Local Union No. 601, International Broth- erhood of Teamsters as the exclusive collective- bargaining representative of the employees in the bar- gaining unit. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above. WE WILL, on request, bargain with the Union and put in writing and sign any agreement reached on terms and conditions of employment for our employees in the fol- lowing bargaining unit: All full-time and regular part-time operator I, operator II, senior operator, and foremen employees working in the outside cellar department and employed by us at our Acampo, California, facility; excluding all other employees, office clerical employees, temporary work- ers, employees working in the following departments: barrel, cellar services, recycling, wine info, facilities maintenance, engineering, bottling, bottling sanitation, bottling maintenance, quality control, laboratories, warehouse, and winemaking, guards, managers, and supervisors as defined in the Act. CONSTELLATION BRANDS, U.S. OPERATIONS, INC. D/B/AWOODBRIDGE WINERY The Board’s decision can be found at www.nlrb.gov/case/32–CA–148431 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Re- lations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling (202) 273-1940.