Summarized Board Decisions

Eschelon Financial Services, LLC d/b/a EMV Payment Systems, LLC  (28-CA-146504; 363 NLRB No. 3)  Phoenix, AZ, August 31, 2015.

The Board granted the General Counsel’s motion for default judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(1) by maintaining overly broad and discriminatory rules in its employee handbook, and further found that the Respondent violated Section 8(a)(1) by threatening its employees with discharge if they engaged in protected concerted activities; issuing an unlawful directive to its employees prohibiting them from engaging in protected concerted activities; and enforcing an unlawful directive to its employees which prohibited them from engaging in protected concerted activities.  The Board found that the Respondent additionally violated Section 8(a)(1) by discharging an employee because the employee raised with the Respondent and discussed with other employees the Respondent’s employee break policies and practices, and to discourage employees from engaging in these or other concerted activities.  The Board ordered the Respondent to offer the unlawfully discharged employee full reinstatement to her former job, to make her whole for any loss of earnings and other benefits suffered as a result of its discrimination against her by paying her the amount set forth in the compliance specification, to compensate the employee for any adverse tax consequences of receiving a lump-sum backpay award, file a report with the Social Security Administration allocating the backpay award to the appropriate calendar quarters, and remove references to the unlawful discipline and discharge from the employee’s file.  In addition, the Respondent was ordered to rescind the unlawful rules and to advise its employees in writing of such rescission.  Charge filed by an individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated.