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MATTINA v. DUANE READE

United States District Court, S.D. New York


June 8, 2005.

CELESTE J. MATTINA, Regional Director, Region 2, National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner,
v.
DUANE READE, INC., Respondent.

The opinion of the court was delivered by: WILLIAM PAULEY, District Judge

ORDER

For the reasons set forth more fully in this Court's Memorandum and Order dated June 8, 2005, it is hereby

ORDERED that Duane Reade, Inc., its officers, representatives, agents, servants, employees, attorneys and other persons acting in concert or participating with them, are enjoined and restrained from:

(1) Interrogating employees about their union activities;
(2) Soliciting employees to sign petitions to decertify Allied Trades Council, Division of Local 338, RWDSU/UFCW, AFL-CIO, or to sign petitions that would evince their non-support for the affiliated union;
(3) Creating the impression that its employees' union activities are under surveillance;
(4) Engaging in surveillance of employees' union activities; and it is further
  ORDERED that Duane Reade, Inc., its officers, representatives, agents, servants, employees, attorneys and other persons acting in concert or participating with them, shall permit representatives of Allied Trades Council, Division of Local 338, RWDSU/UFCW, AFL-CIO to visit with employees in the bargaining unit, provided that

 

(1) Allied Trades Council, Division of Local 338, RWDSU/UFCW, AFL-CIO shall designate three (3) representatives who will be engaged in such visitations;
(2) Allied Trades Council, Division of Local 338, RWDSU/UFCW, AFL-CIO representatives shall provide Duane Reade with 24 hours notice prior to any such visitation;
(3) Allied Trades Council, Division of Local 338, RWDSU/UFCW, AFL-CIO representatives shall promptly identify themselves to a store manager upon entering a store; and
(4) Allied Trades Council, Division of Local 338, RWDSU/UFCW, AFL-CIO representatives are not to speak to employees while those employees are on-duty, on the selling floor, or in the stock room; and it is further
  ORDERED that, upon request of Allied Trades Council, Division of Local 338, RWDSU/UFCW, AFL-CIO, Duane Reade, Inc. shall furnish in writing the current names, home addresses and telephone numbers of all employees who are in the collective-bargaining unit; and it is further

  ORDERED that Duane Reade, Inc. shall post copies of this Order at all 142 stores to be represented by Allied Trades Council, Division of Local 338, RWDSU/UFCW, AFL-CIO, at all locations where the company's notices to unit employees are customarily posted; maintain these postings free from all obstructions and defacements pending the Board's final adjudication of the administrative case; and grant agents of the Board reasonable access to these facilities to monitor compliance with this posting provision; and it is further

  ORDERED that, by June 28, 2005, Duane Reade, Inc. shall file a sworn affidavit from a responsible official setting forth with specificity the manner in which Duane Reade, Inc. has complied with the terms of the June 8, 2005 Memorandum and Order and this Order, including the identification of those locations where this Order has been posted.

  The preliminary injunction granted herein shall remain in force and effect until the adjudication of the Board charges at issue here becomes final, at which time the injunction shall expire automatically.

  SO ORDERED.

20050608

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