First Transit, Inc. (Company), a transportation management company operating throughout the United States, obtained a transit contract in 2011 to operate Red Apple Transit, a passenger bus company in Farmington, N.M. All the full-time and regular part-time drivers at Red Apple Transit were represented by the Sheet Metal, Air, Rail and Transportation Workers (Union).
On May 13, 2013, the Board authorized NLRB Region 28 to pursue an injunction against First Transit Inc. for withdrawing recognition from the Union. First Transit also made unilateral changes in the terms and conditions of Red Apple Transit drivers’ employment – including cuts in wages and benefits – without giving the Union an opportunity to bargain on the proposed changes. In addition, they failed to provide relevant information the Union requested for the purpose of carrying out its representational duties.
On June 13, 2013, after the Section 10(j) petition had been filed in the district court, the parties agreed to a settlement, with First Transit agreeing to cease and desist its unfair labor practices, to recognize and bargain with the Union, to provide the requested information to the Union and to rescind the unilateral changes they had made in terms and conditions of employment of Red Apple Transit’s drivers. On November 21, 2013, the Board approved the settlement agreement. In late 2013, the Company and the Union agreed on mutually acceptable terms and conditions of employment for the employees and signed a collective bargaining agreement.