UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 PERSONNEL STAFFING GROUP, LLC D/B/A MOST VALUABLE PERSONNEL and Case 13-CA-155513 ROSA CEJA, an Individual COMPLAINT AND NOTICE OF HEARING This Complaint and Notice of Hearing is based on a charge filed by Rosa Ceja, an Individual (Charging Party). It is issued pursuant to Section 10(b) of the National Labor Relations Act (the Act), 29 U.S.C. § 151 et seq., and Section 102.15 of the Rules and Regulations of the National Labor Relations Board (the Board) and alleges that Personnel Staffing Group, LLC d/b/a MVP (Respondent) has violated the Act as described below. I The charge in this proceeding was filed by the Charging Party on July 7, 2015, and a copy was served on Respondent by U.S. mail on July 8, 2015. II (a) At all material times, Respondent, a Florida limited liability company, with its principal place of business in Northbrook, Illinois, has been a temporary labor service agency that provides personnel services to third-party clients. (b) During the past calendar year, a representative period, in conducting its business operations described in paragraph II(a), Respondent performed services valued in excess of $50,000 in States other than the State of Illinois. (c) At all material times, Respondent has been an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. III (a) About January 14, 2015, Respondent filed a Complaint at Law in the Circuit Court of Nineteenth Judicial Circuit Lake County, Illinois, Case No. 15 L 31, against its employee, the Charging Party. (b) From about January 14, 2015, to about July 29, 2015, Respondent maintained its lawsuit described above in paragraph III(a). (c) About August 28, 2015, in furtherance of the lawsuit described above in paragraph III(a), Respondent filed a Notice of Appeal in the Appellate Court of Illinois, Second Judicial District, in Case No. 2-15-0887, appealing the trial court’s dismissal of the lawsuit. (d) From about August 28, 2015, to about February 24,2016, Respondent maintained its appeal described above in paragraph III(c). (e) The lawsuit described above in paragraph III(a), which alleges a state claim of defamation, lacked a reasonable basis and was filed and maintained by Respondent with a motive to retaliate against the Charging Party for activity protected by Section 7 of the Act, including Charging Party’s Facebook messages posted about December 16, 2014. (f) The state claim for defamation described above in paragraph III(a) is preempted. IV (a) About April 14, 2015, pursuant to the litigation of the lawsuit described in paragraph III(a), Respondent issued discovery requests upon Charging Party, including interrogatories and requests for production of documents. (b) About June 16, 2015, Respondent sought to compel Charging Party to respond to the discovery requests described above in paragraph IV(a) by filing a Motion to Compel Defendant to Provide Complete and Proper Responses and to Strike Improper Objections. (c) The interrogatories and requests for production of documents described in paragraph IV(a) were broad enough to include information related to protected Section 7 communications, and the Respondent’s need for the information did not justify the requests’ significant impingement on employees’ Section 7 confidentiality interests. V By the conduct described above in paragraphs III and IV, Respondent has been interfering with, restraining, and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act. 2 VI The unfair labor practices of Respondent described above affect commerce within the meaning of Section 2(6) and (7) of the Act. As part of the remedy for Respondent's unfair labor practices alleged above in paragraphs III and IV the General Counsel seeks an Order requiring Respondent to post and electronically distribute notices in Spanish in addition to English. As part of the remedy for the unfair labor practices alleged above in paragraph III and IV, the General Counsel seeks an Order requiring Respondent to reimburse the Charging Party, with interest, for all reasonable legal fees and expenses incurred in the defense of Case No. 15 L 31 and Case No. 2-15-0887. The General Counsel further seeks all other relief as may be just and proper to remedy the unfair labor practices alleged. ANSWER REQUIREMENT Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board’s Rules and Regulations, it must file an answer to the complaint. The answer must be received by this office on or before April 7, 2016, or postmarked on or before April 6, 2016. Respondent should file an original and four copies of the answer with this office and serve a copy of the answer on each of the other parties. An answer may also be filed electronically through the Agency’s website. To file electronically, go to www.nlrb.gov, click on E-File Documents, enter the NLRB Case Number, and follow the detailed instructions. The responsibility for the receipt and usability of the answer rests exclusively upon the sender. Unless notification on the Agency’s website informs users that the Agency’s E-Filing system is officially determined to be in technical failure because it is unable to receive documents for a continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused on the basis that the transmission could not be accomplished because the Agency’s website was off-line or unavailable for some other reason. The Board’s Rules and Regulations require that an answer be signed by counsel or non-attorney representative for represented parties or by the party if not represented. See Section 102.21. If the answer being filed electronically is a pdf document containing the required signature, no paper copies of the answer need to be transmitted to the Regional Office. However, if the electronic version of an answer to a complaint is not a pdf file containing the required signature, then the E-filing rules require that such answer containing the required signature continue to be submitted to the Regional Office by traditional means within three (3) business days after the date of electronic filing. Service of the answer on each of the other parties must still be accomplished by means allowed under the Board’s Rules and Regulations. The answer may not be filed by facsimile transmission. If no answer is filed, or if an answer is filed untimely, the Board may find, pursuant to a Motion for Default Judgment, that the allegations in the complaint are true. 3 NOTICE OF HEARING PLEASE TAKE NOTICE THAT on July 18, 2016, 11:00 a.m. at 219 South Dearborn Street, Suite 808, Chicago, Illinois 60604, and on consecutive days thereafter until concluded, a hearing will be conducted before an administrative law judge of the National Labor Relations Board. At the hearing, Respondent and any other party to this proceeding have the right to appear and present testimony regarding the allegations in this complaint. The procedures to be followed at the hearing are described in the attached Form NLRB-4668. The procedure to request a postponement of the hearing is described in the attached Form NLRB-4338. Dated at Chicago, Illinois this 24th day of March 2016. /s/ Daniel N. Nelson Daniel N. Nelson, Acting Regional Director National Labor Relations Board Region 13 Dirksen Federal Building 219 South Dearborn Street, Suite 808 Chicago, Il 60604-1443 Attachments 4 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 PERSONNEL STAFFING GROUP, LLC D/B/A MOST VALUABLE PERSONNEL and Case 13-CA-155513 ROSA CEJA, an Individual AFFIDAVIT OF SERVICE OF: COMPLAINT AND NOTICE OF HEARING (with forms NLRB-4338 and NLRB-4668 attached) I, the undersigned employee of the National Labor Relations Board, being duly sworn, say that on March 24, 2016, I served the above-entitled document(s) by certified or regular mail, as noted below, upon the following persons, addressed to them at the following addresses: Daniel Barnett Personnel Staffing Group, LLC d/b/a MVP 666 Dundee Road, Suite 201 Northbrook, IL 60062-2742 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Carter Korey Korey Richardson LLC 20 S Clark Street, Suite 500 Chicago, IL 60603-1832 REGULAR MAIL Elliot Richardson Korey Richardson LLC 20 S Clark Street, Suite 500 Chicago, IL 60603-1832 REGULAR MAIL Christopher J. Williams , Esq. WORKERS LAW OFFICE PC 53 W. Jackson Blvd. Suite 701 Chicago, IL 60604 REGULAR MAIL 5 Rosa Ceja 53 W Jackson Blvd Ste 701 Chicago, IL 60604-3480 CERTIFIED MAIL March 24, 2016 Denise Gatsoudis, Designated Agent of NLRB Name Date /s/ Denise Gatsoudis Signature 6 FORM NLRB 4338 (6-90) UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD NOTICE Case 13-CA-155513 The issuance of the notice of formal hearing in this case does not mean that the matter cannot be disposed of by agreement of the parties. On the contrary, it is the policy of this office to encourage voluntary adjustments. The examiner or attorney assigned to the case will be pleased to receive and to act promptly upon your suggestions or comments to this end. An agreement between the parties, approved by the Regional Director, would serve to cancel the hearing. However, unless otherwise specifically ordered, the hearing will be held at the date, hour, and place indicated. Postponements will not be granted unless good and sufficient grounds are shown and the following requirements are met: (1) The request must be in writing. An original and two copies must be filed with the Regional Director when appropriate under 29 CFR 102.16(a) or with the Division of Judges when appropriate under 29 CFR 102.16(b). (2) Grounds must be set forth in detail; (3) Alternative dates for any rescheduled hearing must be given; (4) The positions of all other parties must be ascertained in advance by the requesting party and set forth in the request; and (5) Copies must be simultaneously served on all other parties (listed below), and that fact must be noted on the request. Except under the most extreme conditions, no request for postponement will be granted during the three days immediately preceding the date of hearing. Daniel Barnett Personnel Staffing Group, LLC d/b/a MVP 666 Dundee Rd Ste 201 Northbrook, IL 60062-2742 Carter Korey Korey Richardson LLC 20 S Clark St Ste 500 Chicago, IL 60603-1832 Elliot Richardson Korey Richardson LLC 20 S Clark St Ste 500 Chicago, IL 60603-1832 Christopher J. Williams , ESQ. WORKERS LAW OFFICE PC 53 W. Jackson Blvd. Suite 701 Chicago, IL 60604 Rosa Ceja 53 W Jackson Blvd Ste 701 Chicago, IL 60604-3480 8 Form NLRB-4668 (6-2014) Procedures in NLRB Unfair Labor Practice Hearings The attached complaint has scheduled a hearing that will be conducted by an administrative law judge (ALJ) of the National Labor Relations Board who will be an independent, impartial finder of facts and applicable law. You may be represented at this hearing by an attorney or other representative. If you are not currently represented by an attorney, and wish to have one represent you at the hearing, you should make such arrangements as soon as possible. A more complete description of the hearing process and the ALJ’s role may be found at Sections 102.34, 102.35, and 102.45 of the Board’s Rules and Regulations. The Board’s Rules and regulations are available at the following link: www.nlrb.gov/sites/default/files/attachments/basic-page/node-1717/rules_and_regs_part_102.pdf. The NLRB allows you to file certain documents electronically and you are encouraged to do so because it ensures that your government resources are used efficiently. To e-file go to the NLRB’s website at www.nlrb.gov, click on “e-file documents,” enter the 10-digit case number on the complaint (the first number if there is more than one), and follow the prompts. You will receive a confirmation number and an e-mail notification that the documents were successfully filed. Although this matter is set for trial, this does not mean that this matter cannot be resolved through a settlement agreement. The NLRB recognizes that adjustments or settlements consistent with the policies of the National Labor Relations Act reduce government expenditures and promote amity in labor relations and encourages the parties to engage in settlement efforts. I. BEFORE THE HEARING The rules pertaining to the Board’s pre-hearing procedures, including rules concerning filing an answer, requesting a postponement, filing other motions, and obtaining subpoenas to compel the attendance of witnesses and production of documents from other parties, may be found at Sections 102.20 through 102.32 of the Board’s Rules and Regulations. In addition, you should be aware of the following:  Special Needs: If you or any of the witnesses you wish to have testify at the hearing have special needs and require auxiliary aids to participate in the hearing, you should notify the Regional Director as soon as possible and request the necessary assistance. Assistance will be provided to persons who have handicaps falling within the provisions of Section 504 of the Rehabilitation Act of 1973, as amended, and 29 C.F.R. 100.603.  Pre-hearing Conference: One or more weeks before the hearing, the ALJ may conduct a telephonic prehearing conference with the parties. During the conference, the ALJ will explore whether the case may be settled, discuss the issues to be litigated and any logistical issues related to the hearing, and attempt to resolve or narrow outstanding issues, such as disputes relating to subpoenaed witnesses and documents. This conference is usually not recorded, but during the hearing the ALJ or the parties sometimes refer to discussions at the pre-hearing conference. You do not have to wait until the prehearing conference to meet with the other parties to discuss settling this case or any other issues. II. DURING THE HEARING The rules pertaining to the Board’s hearing procedures are found at Sections 102.34 through 102.43 of the Board’s Rules and Regulations. Please note in particular the following:  Witnesses and Evidence: At the hearing, you will have the right to call, examine, and cross-examine witnesses and to introduce into the record documents and other evidence.  Exhibits: Each exhibit offered in evidence must be provided in duplicate to the court reporter and a copy of each of each exhibit should be supplied to the ALJ and each party when the exhibit is offered (OVER) Form NLRB-4668 (6-2014) in evidence. If a copy of any exhibit is not available when the original is received, it will be the responsibility of the party offering such exhibit to submit the copy to the ALJ before the close of hearing. If a copy is not submitted, and the filing has not been waived by the ALJ, any ruling receiving the exhibit may be rescinded and the exhibit rejected.  Transcripts: An official court reporter will make the only official transcript of the proceedings, and all citations in briefs and arguments must refer to the official record. The Board will not certify any transcript other than the official transcript for use in any court litigation. Proposed corrections of the transcript should be submitted, either by way of stipulation or motion, to the ALJ for approval. Everything said at the hearing while the hearing is in session will be recorded by the official reporter unless the ALJ specifically directs off-the-record discussion. If any party wishes to make off-the-record statements, a request to go off the record should be directed to the ALJ.  Oral Argument: You are entitled, on request, to a reasonable period of time at the close of the hearing for oral argument, which shall be included in the transcript of the hearing. Alternatively, the ALJ may ask for oral argument if, at the close of the hearing, if it is believed that such argument would be beneficial to the understanding of the contentions of the parties and the factual issues involved.  Date for Filing Post-Hearing Brief: Before the hearing closes, you may request to file a written brief or proposed findings and conclusions, or both, with the ALJ. The ALJ has the discretion to grant this request and to will set a deadline for filing, up to 35 days. III. AFTER THE HEARING The Rules pertaining to filing post-hearing briefs and the procedures after the ALJ issues a decision are found at Sections 102.42 through 102.48 of the Board’s Rules and Regulations. Please note in particular the following:  Extension of Time for Filing Brief with the ALJ: If you need an extension of time to file a post-hearing brief, you must follow Section 102.42 of the Board’s Rules and Regulations, which requires you to file a request with the appropriate chief or associate chief administrative law judge, depending on where the trial occurred. You must immediately serve a copy of any request for an extension o f t i m e o n all other parties and f u r n i s h proof of t h a t service with your request. You are encouraged to seek the agreement of the other parties and state their positions in your request.  ALJ’s Decision: In due course, the ALJ will prepare and file with the Board a decision in this matter. Upon receipt of this decision, the Board will enter an order transferring the case to the Board and specifying when exceptions are due to the ALJ’s decision. The Board will serve copies of that order and the ALJ’s decision on all parties.  Exceptions to the ALJ’s Decision: The procedure to be followed with respect to appealing all or any part of the ALJ’s decision (by filing exceptions with the Board), submitting briefs, requests for oral argument before the Board, and related matters is set forth in the Board's Rules and Regulations, particularly in Section 102.46 and following sections. A summary of the more pertinent of these provisions will be provided to the parties with the order transferring the matter to the Board. 10 IN THE UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD - . REGION 13 PERSONNEL STAFFING LLC d/b/a MOST VALUABLE PERSONNEL Case and ROSA CEJA, an individual PERSONNEL STAFFING GROUP, ANSWER AND AFFIRMATIVE DEFENSES TO THE COMPLAINT Respondent, Personnel Staf?ng Group, LLC d/b/a Most Valuable Personnel (??ReSpondent? and/0r by and through its undersigned attorneys, and for its Answer and to the Complaint and Notice of Hearing (?Complaint?) ?led by the Acting Regional Director of the National Labor I Relations Board, Region 13 States as follows: I ANSWER Paragraph 1: Respondent admits that the Charge Against Employer was filed on July 7, 2015 and was served on Respondent, but denies the remaining allegations in Paragraph I. Paragraph 11(a): Respondent admits the allegations in Paragraph 11(a). Paragraph 11(b): Respondent admits the allegations in Paragraph 11(b). Paragraph 11(c): Respondent admits the allegations in Paragraph 11(c). Paragraph 111(a): Respondent admits that it ?led a complaint in the Circuit Court of Lake County, Illinois against the Charging Party, but denies that Charging Party was its employee and the remaining allegations in Paragraph 111(3). Paragraph 111(b): Respondent admits the allegations in Paragraph 111(b). Paragraph 111(c): Respondent admits the allegations in Paragraph 111(c). Paragraph 111(d): Respondent admits the allegations in Paragraph 111(d). Paragraph 111(e): Respondent denies the allegations in Paragraph 111(e). Paragraph 111(f): Respondent denies the allegations in Paragraph 111(f). Paragraph 1V(a): Respondent admits the allegations in Paragraph 1V(a). Paragraph 1V(b): Respondent admits the allegations in Paragraph 1V(b). Paragraph lV(c): Respondent denies the allegations in Paragraph 1V(c), and further states that this allegation is outside the scope of the Charging Party?s Charge against Employer. Paragraph V: Respondent denies the allegations in Paragraph V. Paragraph V1: ReSpondent denies the allegations in Paragraph VI. AFFIRMATIVE DEFENSES For its af?rmative defenses for the above-styled Complaint, Respondent alleges as follows: I. The allegations of the Complaint do not support recovery under the National Labor Relations Act because some or all of them fail to state a claim. 2. Some or all of the allegations in the Complaint fall outside the scope of the underlying Charge Against Employer. 3. Complainant has not satis?ed the administrative pre?requisite to bringing some or all of the alleged actions. 4. The Complaint is so vague or lacking in detail as to some or all of the allegations that Respondent is unable to understand the charges and issues to be considered at trial. 5 . The Charging Party was not an employee of Respondent. 6. At the time the Charging Party resigned her employment with Respondent, she was a Section 2(11) supervisor and accordingly, the actions complained of are not protected by the Act. 7. Respondent had a good faith and reasonable basis for ?ling the action in the Circuit Court of Lake County, Illinois, and did not. ?le the action in retaliation for engaging in protected concerted activities. 8. The ?ling of Respondent?s action in the Circuit Court of Lake County, Illinois is protected by the First Amendment. 9. The Charging Party?s actions were not in the context of a labor diSpute, nor did they touch on Section 7 concerns, regardless, Charging Party acted with malicious intent and/or reckless indifference to ReSpondent?s rights, so as to fall outside the scope of the Act. 10. Charging Party did not engage in protected concerted activity. ll. Respondent?s action in the Circuit Court of Lake County, Illinois does not fall within the con?nes of the Act; nevertheless, it would be subject to the Garmon exception to the preemption doctrine. l2. Respondent?s discovery requests did not infringe on protected activities. 13. Respondent?s discovery requests were relevant, issued in good faith and without an illegal objective, and Respondent?s interest in discovery outweighed Section 7 con?dentiality concerns. 14. The I remedies requested by the NLRB in Paragraph 6 are improper, impermissible, and impermissiny restrictive. 15. Respondent denies all allegations and legal conclusions in the Complaint not expressly admitted. 16. ReSpondent reserves the right to assert additional affirmative defenses in this matter prior to trial. Dated: April 7., 2016 Respectfully submitted, Elli/0t Ric?r Britney Zi KOREY RICHARDSON LLC 20 S. Clark St, Suite 500 Chicago, Illinois 60603 (312) 372?7075 Attorneys for Personnel Staf?ng Group, LLC d/b/a Most Valuable Personnel IN THE UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 13 PERSONNEL STAFFING GROUP, LLC d/b/a MOST VALUABLE PERSONNEL Case and ROSA CEJ A, an individual CERTIFICATE OF SERVICE I, Britney Zilz, an attorney, certify that a copy of Personnel Staf?ng Group, Answer and Affirmative Defenses to the Complaint was ?led with the National Labor Relations Board, Region 12, at 219 South Dearborn Street, Chicago Illinois 60604 on April 7, 2016, and that a copy of the foregoing Answer and Af?rmative Defenses to the Complaint was sent to the undersigned via US. Mail on or before 5:00 pm. on April 7, 2016: Daniel L. Nelson, Acting Regional Director National Labor Relations Board, Region 13 Dirksen Federal Building 219 South Dearborn, Suite 808 Chicago, Illinois 60604 Christopher Williams Workers? Law Office, PC. 53 W. Jackson Blvd, Suite 701 Chicago, Illinois 60604?3480 Dated: April 7, 2016 Brifrfey Zilz Korey Richardson 20 S. Clark St., Suite 500 Chicago, Illinois 60603 bzilz@koreyrichardsonlaw.com