UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD REGION 21 US Court House, Spring Street Agency Website: www.nirb.gov Download 312 N Spring Street, 10th Floor ‘Telephone: (213)894-5200 NLRB Los Angeles, CA 90012 Fax: (213)804-2778 Mobile App July 7, 2022 Europa Auto Imports, Inc., d/b/a Mercedes-Benz of San Diego 4750 Kearny Mesa Rd San Diego, CA 92111-2405 Re: — Europa Auto Imperts, Ine. d/b/a Mercedes-Benz of San Diego Case 21-CB-298907 Dear Sir or Madam: The charge that you filed in this case on July 06, 2022 has been docketed as case number 21-CB-298907. This letter tells you how to contact the Board agent who will be investigating the charge, explains your right to be represented, discusses presenting your evidence, and provides a brief explanation of our procedures, including how to submit documents to the NLRB. Investigator: This charge is being investigated by Field Attorney Elvira Pereda whose telephone number is (213)634-6512. The mailing address is US Court House, Spring Street, Los. Angeles, CA 90012. If this Board agent is not available, you may contact Deputy Regional Attorney Neil Watheit whose telephone number is (213)634-6525. Right to Representation: You have the right to be represented by an attorney or other representative in any proceeding before us. If you choose to be represented, your representative ‘must notify us in writing of this fact as soon as possible by completing Form NLRB-4701, Notice of Appearance. This form is available on our website, www.nirb.vov, or from an NLRB office upon your request. If you are contacted by someone about representing you in this case, please be assured that no organization or person seeking your business has any "inside knowledge" or favored relationship with the National Labor Relations Board. ‘Their knowledge regarding this proceeding was only obtained through access to information that must be made available to any member of the public under the Freedom of Information Act. Presentation of Your Evidence: As the party who filed the charge in this case, it is your responsibility to meet with the Board agent to provide a sworn affidavit, or provide other witnesses to provide sworn affidavits, and to provide relevant documents within your possession. Because we seek to resolve labor disputes promptly, you should be ready to promptly present your affidavit(s) and other evidence. If you have not yet scheduled a date and time for the Board agent to take your affidavit, please contact the Board agent to schedule the affidavit(s). If you fail to cooperate in promptly presenting your evidence, your charge may be dismissed without investigation.Europa Auto Imports, Ine. -2- July 7, 2022 W/b/a Mercedes-Benz of San Diego Case 21-CB-298907 In addition, either you or your representative must complete the enclosed Commerce Questionnaire to enable us to determine whether the NLRB has jurisdiction over this dispute, If you recently submitted this information in another case, or if you need assistance completing the form, please contact the Board agent. ‘We will not honor requests to limit our use of position statements or evidence. Specifically, any material you submit may be introduced as evidence at a hearing before an administrative law judge regardless of claims of confidentiality, However, certain evidence produced at a hearing may be protected from public disclosure by demonstrated claims of confidentiality. Further, the Freedom of Information Act may require that we disclose position statements or evidence in closed cases upon request, unless an exemption applies, such as those protecting confidential financial information or personal privacy interests. Preservation of all Potential Evidence: Please be mindful o* your obligation to preserve all relevant documents and electronically stored information (ESI) in this ease, and to take all steps necessary to avoid the inadvertent loss of information in your possession, custody or control. Relevant information includes, but is not limited to, paper documents and all ESI (e.g. SMS text messages, electronic documents, emails, and any data created by proprietary software tools) related to the above-captioned case, Prohibition on Recording Affidavit Interviews: It is the policy of the General Counsel to prohibit affiants from recording the interview conducted by Board cgents when subscribing Agency affidavits. Such recordings may impede the Agency's ability to safeguard the confidentiality of the affidavit itself, protect the privacy of the affiant and potentially compromise the integrity of the Region’s investigation. Correspondence: All documents submitted to the Region regarding your case MUST be filed through the Agency’s website, www.nlrb,gov. This includes all formal pleadings, briefs, as well as affidavits, documentary evidence, and position statements, The Agency requests all evidence submitted electronically to be in the form it is normally used and maintained in the course of business (i.e., native format). Where evidence submitted electronically is not in native format, it should be submitted in a manner that retains the essential functionality of the native format (ie., in a machine-readable and searchable electronic format). Ifyou have questions about the submission of evidence or expect to deliver a large quantity of electronic records, please promptly contact the Board agent investigating the charge. Ifyou cannot e-file your documents, you must provide a statement explaining why you do not have access to the means for filing electronically or why filing electronically would impose an undue burden, In addition, this Region will be issuing case-related correspondence and documents, including complaints, compliance specifications, dismissal letters, deferral letters, and withdrawal letters, electronically to the email address you provide, Please ensure that youEuropa Auto Imports, Inc. 3+ July 7, 2022 d/b/a Mercedes-Benz of San Diego Case 21-CB-298907 receive important case-related correspondence, please ensure that the Board Agent assigned to your case has your preferred email address. These steps will ensure that you receive correspondence faster and at a significantly lower cost to the taxpayer. If there is some reason you are unable to receive correspondence via email, please contact the agent assigned to your case to discuss the circumstances that prevent you from using email. Information about the Agency, the procedures we follow in unfair labor practice cases and our customer service standards is available on our website, www.nlrb.gov or from an NLRB. office upon your request. NLRB Form 4541, Investigative Procedures offers information that is helpful to parties involved in an investigation of an unfair labor practice charge. We can provide assistance for persons with limited English proficiency or disability. Please let us know if you or any of your witnesses would like such assistance. Very truly yours, Wil. J William B. Cowen Regional Director Enclosure: Commerce Questionnaire cc: John P. Boggs, Attomey at Law Fine, Boggs & Perkins, LLP 80 Stone Pine Road, Suite 210 Half Moon Bay, CA 94019 WBClacFORM EXEMPT UNDER 44 US.C2512 ron .o8 ‘sah UNITED STATES OF AMERICA NATIONAL LABOR RECATIONS BOARD [DONO WRT Ts BP AGE CHARGE AGAINST LABOR ORGANIZATION © 01-CB- at OR ITS AGENTS 21-CB-298907 7/6/2022 INSTRUCTIONS: File an original with NLRB Regional Director forthe region in which the alleged unfa labor praclioe esoured oe occuring, 7. LABOR ORGANIZATION OR ITS AGENTS AGAINST WHIGH CHARGE IS BROUGHT a: Name 5, Union Represenatve to const Intemational Association of Machinists and Aerospace Workers, Local Kevin Kucera, Area Director Lodge 1484, Machinists Automotive Trades fe, Rasross (Street aly a 47a. No. Cal No 1261 Avalon Blvd, W 310.835.6688 | 818'383.9087 Fax No. gonad [email protected] nT above-named labor organization has engaged in and ls engaging ih unaiabrpracicns win te meaning of eacon @() and (it aubeecons) @) ofthe National Labor Reatins Act, nd these unfirabor practices are practices affecting commerce within the meaning ofthe Act, or these unfaIabor practices ae practices affecting commerce within the ‘meaning ofthe Act and the Postal Reorganization Act 2, Baas of te Chargo (G01 fot a clear and concise sfatemont of the facia corsdfuling the aleged unfair Tabor paces) Within the last six months, the above-named labor organization has maintained and authorized a picket line at various locations on or around the Employers premises, yet has failed to take the necessary steps to contro its pickets. As a result, the Union has unlawfully }condoned and encouraged blatant picket line misconduct in violation of the Act, such as blocking of ingress/egress which damages the [Employer's operations and customer service, and picket line harassment of employees exercising their rights to refrain from supporting the picket line and go to work 5, Name of Employer Tel NG, , CalINe, © Fax No, Europa Auto Imports, Inc, W/a Mercedes-Benz of San Diego 415-378-3150 emai |[email protected] 5, Location of plantinvalved eheet, cy, dale and ZIP code) [. Employer representative to contact 4750 Kearny Mesa Road, San Diego, CA 92111 Tipe RR (aaah wo: 9) RL RS ae ae Lane az 10. Fullname of pary flag charge Europa Auto Imports, Inc. d/b/a Mercedes-Benz of San Diego 11. Radioss of pany fling charge (eres ey, stato and ZI code) Tia. Tel No, 3 aN. Fax, 80 Stone Pine Road, Suite 210; Half Moon Bay, CA 94019 650-712-8908 415-378-3150 650-712-1712 emai |[email protected] 12, DECLARATION Tel. No. | declare that | have read the above charge and that the statements: 650-712-8908 a6 tue tothe best of my omiege nd bet. a " John P. Boggs, Attorney 415-378-3150 oer errs ina ad om Far Fax ~ 650-712-1712 saizra 80 Stone Pine Ron, Suite 210, San Diego,CA 94019 pate 7/5/2022 | semployeriawyers.com WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISHED BY FINE AND IMPRISONMENT (U.S. CODE, TITLE PRIVACY ACT STATEMENT ‘Slatin of the information on tis orm is authorizes by the National Labor Relstons Act (NLRA), 29 U.S.C. § 151 ot sea. The principal us ofthe information isto assist the Natonal Labor Relations Board (NLRB) In procassing ura labor practice and related proceedings or ib3ation. The routine uses forthe information aro fy Sel forts in the Federal Register. 71 Fed, Reg, 74942-49(Dec. 13, 2006), The NLRB wil ther explain nes pon request. Disclosure o this information to tho NLRB is voluntary however fale to supply the information may cause the NLRB to decine , SECTION 1001)aT NATIONAL LABOR RELATIONS BOARD ‘oD QUESTIONNAIRE ON COMMERCE INFORMATION lease read carly, newer al applable Roms, and retum tothe NLRB Ofc, addons space requied please add a page and dently tom quer. ‘CASE NAME ‘CASE NUMBER [CORPORATION []LLC []LLP [] PARTNERSHIP [] SOLEPROPRIETORSHIP — [ } OTHER (Specify) 'A STATE OF INCORPORATION 'B. NAME, ADDRESS, AND RELATIONSHIP (parent, subsidiny) OF ALL RELATED ENTITIES (OR FORMATION ‘A, TOTAL: 'B, AT THE ADDRESS INVOLVED IN THIS MATTER: "A Did you provide werees valued in excess of $0000 drely to Ssiomers ous Your Sie? Tro, nde ual value s 1B Ifyou answered no 0 9A, did you prove services valued h exces of S50,000TO aston In Four State who purchased s00ds valved in exces of $50,000 fom directly ouside your Ste? Ino, indicat te value of any such services you provided. ‘CIF you answered no} 9A and 9B, dd you provide services valued in Xe oF $5000 public wes, a SSIES, newspapers, healthcare institutions, broadeasting tations commercial buildings, educational institutions, o retail concems? If less than $80.09, indicate wnount_§ 'D-Did you sell goods valued in excess of $50,000 directly to customers loated outside your tate? Ios tha $5000, aioe apourt. §, Ifyou answered not 9D, didyou sell goods valued la exees of $50,000 drealy to customers foaled inside yur Sate Who purchased other goods valued in excess of $5000 ffom dire outside your State? IFless than $50,00, indicate amount 5 F-Did you purchase and recelve goods valued in exces of 300 fom Geely outside your State? Tess thar $5000, indicate mount. $. “Gi you purchase and reetive goods valued in excess OF 550,000 Wom entries who received ie goods Gveay om points ouside your State? Ifless than $50,000, indicate amount TH Gross Revenues fom all ales or performance of services (Check the largest amour) [1 $100,000 [ } $250,000 —{ ] $500,000 [| $1,000,000 ar more fess than $100,000, indicate amo ast 12 months? If yes speify date ee ‘SIONATURE, E-MAIL ADDRESS "NAME AND TITLE (Type or Prow? PRIVACY ACT STATEMENT ‘Solano he omton nis oan is auotze by he Naberal Labor Rectns At NLRA, 29 USC § 15 sa. Tha pals oe nfomaton so este Nato Labor elons Board (RL) in procsig representation ancl na bo prac proewdngs anda proceso Moen The une se fete frmaton ae ful seo ne Federal Rei, 71 Fed Ra, 744248 (Dc 13,208). The NLRB wl uber xn ese uses upon request. Dscosue of isiforaon totne NLRB vont Hoes aire o supe nomaton may cause NLRB ree poes any fuer eestor unl aor rece case, omy cause te MLB se youa subpoena sok ela oe uapcnain dt ent