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Title James J. Mcdermott, et al v. Jason Lopez's Planet Earth Landscape

November 29, 2011

TITLE JAMES J. MCDERMOTT, ET AL
v.
JASON LOPEZ'S PLANET EARTH LANDSCAPE, INC.



The opinion of the court was delivered by: The Honorable R. Gary Klausner, U.S. District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable R. GARY KLAUSNER, U.S. DISTRICT JUDGE

Sharon L. Williams Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (IN CHAMBERS) Findings of Fact and Conclusions of Law

This case came to be heard upon the verified petition of James J. McDermott, Regional Director of Region 31 of the National Labor Relations Board, herein called the Board, for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act, as amended [61 Stat. 149; 73 Stat. 544; 29 U.S.C. Sec. 160(j)], herein called the Act, pending the final disposition of the matters involved herein which are now pending before an Administrative Law Judge of the Board. The Court, upon full consideration of the pleadings, evidence, briefs, arguments of counsel, and the entire record in this case, hereby makes the following:

FINDINGS OF FACT

Petitioner is the Regional Director of Region 31 of the Board, an agency of the United States. This petition is filed for and on behalf of the Board.

The Court's jurisdiction is invoked pursuant to Section 10(j) of the Act [29 U.S.C. Sec. 160(j)], herein called Section 10(j) of the Act.

On or about the dates set forth below in subparagraphs (a) through (b), the Laborers Pacific Southwest Regional Organizing Coalition, Laborers' International Union of North America (herein called the Union) filed with the Board charges and amended charges as follows:

(a) The Union filed the charge in Case 31-CA-29817 on June 29, 2010, and an amended charge on August 20, 2010, alleging that Respondent violated Section 8(a)(1), (3) and (4) of the Act by: interrogating employee Ruben Olguin about his Union activities; threatening to close the business in order to discourage Union activity; giving employees money to discourage their support for the Union; and promising employees prevailing wage jobs to discourage their support for the Union.

(b) The Union filed the charge in Case 31-CA-30010 on October 29, 2010, and an amended charge on December 30, 2010, alleging that Respondent: violated Section 8(a)(3) of the Act by laying off and/or discharging employees Ruben Olguin and Omar Mota because of their Union activity; violated Section 8(a)(4) of the Act by laying off and/or discharging employee Ruben Olguin because he attended and gave testimony at a pre-election hearing in Case 31-RC-8811; and violated Section 8(a)(5) of the Act by laying off and/or discharging employees Ruben Olguin and Omar Mota without notifying the Union prior to the layoffs/discharges and thereby failing to give the Union an opportunity to bargain over the layoffs.

(a) The charges referred to in Paragraph 3 above were referred to the Regional Director of Region 31 of the Board. Thereafter, following a field investigation during which all parties had an opportunity to submit evidence and legal analysis, the Acting General Counsel of the Board, on behalf of the Board, pursuant to Section 3(d) of the Act [29 U.S.C. Sec. 153(d)], by the Regional Director of Region 31, issued an Order Consolidating Cases, Consolidated Complaint, and Notice of Hearing against Respondent on February 28, 2011, pursuant to Section 10(b) of the Act [29 U.S.C. Sec. 160(b)].

(b) The Consolidated Complaint alleges, inter alia, that the Respondent has engaged in, and is engaging in, various unfair labor practices within the meaning of Section 8(a)(1), (3), (4) and (5) of the Act [29 U.S.C. Sec. 158(a)(1), (3), (4) and (5)].

On March 25, 2011, Administrative Law Judge Gerald M. Etchingham, herein called ALJ Etchingham, issued an Order Postponing the Hearing.

A formal hearing before ALJ Etchingham. on the merits of the Consolidated Complaint began on March 29, 2011.

(a) On March 29, 2011, ALJ Etchingham granted Respondent's oral motion to continue the hearing until April 18, 2011.

(b) On March 31, 2011, ALJ Etchingham issued an Order Granting Respondent's Oral Motion to Continue Trial to April 18, 2011.

The formal hearing before ALJ Etchingham on the merits of the Consolidated Complaint resumed on ...


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