Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 1 of 25 PageID #:181
`Case: 1:23-cv-01028 Document#: 35-1 Filed: 07/18/23 Page 1 of 25 PagelD #:181
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`EXHIBIT A
`EXHIBIT A
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 2 of 25 PageID #:182
`UNITED STATES GOVERNMENT
`NATIONAL LABOR RELATIONS BOARD
`REGION 13
`Dirksen Federal Building
`Agency Website: www.nlrb.gov
`219 South Dearborn Street, Suite 808
`Telephone: (312)353-7570
`Chicago, IL 60604-2027
`Fax: (312)886-1341
`
`
`
`Agent’s Direct Dial: (312)353-7169
`
`Email address: cristina.ortega@nlrb.gov
`
`June 29, 2023
`
`
`
`VIA ELECTRONIC MAIL
`Gregory H. Andrews, Esq.
`Jackson Lewis, P.C.
`150 North Michigan Avenue, Suite 2500
`Chicago, IL 60601-7619
`gregory.andrews@jacksonlewis.com
`
`Re:
`
`
`Alexandra Lozano Immigration Law, PLLC
`Cases 13-CA-310733 and 13-CA-310508
`
`Dear Mr. Andrews:
`
`Enclosed is a conformed copy of the Settlement Agreement in the above matter that was
`
`approved on June 8, 2023. The Settlement Agreement is now in effect and has been assigned to
`me to secure compliance with its terms. This letter discusses what the Employer needs to do to
`comply with the Agreement and sets forth deadlines for the return of documentary evidence and
`certifications demonstrating the Employer’s efforts to comply. In corresponding with the Agency
`during the compliance phase, please be advised that the NLRB requires the mandatory electronic
`filing of all case documents via the Agency’s e-filing portal at www.nlrb.gov.
`
`Physically Post Notice: Enclosed are printable copies of the official English and Spanish
`
`Notice to Employees and Explanation of Rights Notice. By July 13, 2023, the Employer must:
`• Print the attached Notices in color on 8 ½ by 14 inch legal-sized paper and ensure that
`each copy of the Notice retains the heading in blue lettering at the top of the Notice and
`the footer containing the Employer’s signature and the Region’s contact information.
`• Have a responsible official of the Employer, not the Employer’s attorney, sign, and date
`the Notices.
`• Post the signed Notices in conspicuous locations where notices to employees are
`customarily posted at the Employer’s facilities located at 6720 Fort Dent Way, Suite
`230, Tukwila, WA 98188; 5800 South Eastern, Suite 270, Commerce, CA 90040; 6621
`Ogden Avenue, Berwyn, IL 60402; 8415 Datapoint Drive, Suite 300, San Antonio, TX
`78229; and 8876 Gulf Freeway, Suite 420, Houston, TX 77017 for a period of 60
`consecutive days.
`The Employer must take reasonable steps to ensure that the Notices are not altered,
`
`defaced, or covered by other material. During the posting period, a member of the Regional
`Office staff may visit the Employer’s facility to inspect the Notices.
`
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 3 of 25 PageID #:183
`Alexandra Lozano Immigration Law, PLLC
`June 29, 2023
`- 2 -
`
`
`
`
`
`Case(s) 13-CA-310733and 13-CA-310508
`
`Electronic Distribution of Notice: The Settlement Agreement provides that the
`
`Employer will e-mail the signed and dated Notice to Employees and Explanation of Rights
`Notice to all employees, who work at the facilities located at 6720 Fort Dent Way, Suite 230,
`Tukwila, WA 98188; 5800 South Eastern, Suite 270, Commerce, CA 90040; 6621 Ogden
`Avenue, Berwyn, IL 60402; 8415 Datapoint Drive, Suite 300, San Antonio, TX 78229; and
`8876 Gulf Freeway, Suite 420, Houston, TX 77017. The message of the e-mail transmitted with
`the Notice will state: “We are distributing the Attached Notice to Employees to you pursuant to a
`Settlement Agreement approved by the Regional Director of Region 13 of the National Labor
`Relations Board in Cases 13-CA-310508 and 13-CA-310733.” By July 13, 2023, the Employer
`must:
`• E-file a copy of its distribution e-mail, with all of the recipients’ e-mail addresses visible,
`along with a copy of the attached Notice and a fully completed Certification of Posting
`form, via the Agency’s e-filing portal at www.nlrb.gov.
`
`
`
`Remedial Actions
`
`
`Read the Notice: The Settlement Agreement provides that the Employer will hold a
`
`meeting or meetings, scheduled to ensure the widest possible attendance for each shift, at which
`a responsible management official of the Employer will disseminate signed copies of the Notice
`to Employees and Explanation of Rights to all attendees and read the Notice in English and
`Spanish, in the presence of a Board agent and representative of the Charging Party. By July 13,
`2023, the Employer must:
`• Provide via email at Cristina.Ortega@nlrb.gov the proposed date(s) and time(s) that the
`Employer wishes to conduct the meeting(s) at which the Notice to Employees and
`Explanation of Rights will be read and the proposed method of meeting announcement,
`which should be the same manner the Employer normally announces meetings to
`employees.
`• After I have approved the proposed date(s) and time(s) and method of announcement, the
`Employer must announce the meeting to employees.
`The reading must occur prior to the completion of the 60-day notice posting period.
`
`Make-Whole: The Settlement Agreement provides that the Employer will make whole
`
`the discriminatees named below by payment to them in the amounts set forth opposite their
`names:
`
`Name
`
`Backpay
`
`Front Pay
`
`Pecuniary Damages
`
`Interest
`
`Ilse Sanchez
`
`$13,310.00
`
`$85.936.00
`
`$575.00
`
`Karla Vanessa Velazquez
`
`$7,030.00
`
`$67.877.00
`
`$0
`
`$179.00
`
`$93.00
`
`By July 13, 2023, the Employer must:
`Issue the checks to the named individuals in the backpay/frontpay amounts set in the
`•
`Settlement Agreement, less deductions for Social Security and withholding taxes.
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 4 of 25 PageID #:184
`Alexandra Lozano Immigration Law, PLLC
`June 29, 2023
`- 3 -
`
`Case(s) 13-CA-310733and 13-CA-310508
`
`
`
`
`
`
`o Backpay and frontpay amounts should be treated as wages in the year paid.
` See IRS Publication 15-A for more information.
`If the Employer does not have a current W-4 form concerning federal
`
`income tax withholding, it should consult IRS Publication 15 for guidance
`on the correct method to calculate tax withholdings.
` For federal withholdings, the Employer may withhold at a flat rate of
`22%consistent with IRS publication 15.
`• A second check should be prepared for the total amount of pecuniary damages and
`interest owed to the individuals listed above. No withholding or deductions should be
`taken from these amounts.
`• Return via e-email a copy of the checks, so that I may review and approve issuance of the
`checks. Please note, the Employer is NOT to issue said payments until after I have
`confirmed that the payments and address are correct.
`• After I have reviewed and approved the issuance of the checks, the Employer must
`deliver the checks to the Region or directly to the individual listed above, via a delivery
`method with tracking service, such as certified mail, UPS, or FedEx delivery.
`Return via e-file proof concerning the method of issuance and tracking information for the
`checks.
`
`Complete and Return Report of Backpay Form and IRS Form W-2: The Settlement
`
`Agreement provides that the Employer will submit a Report of Backpay Paid Under the National
`Labor Relations Act form (Report of Backpay) that contains certain information for each
`discriminatee listed in the “Backpay” paragraph above. Since the backpay amount award year is
`the same as the year in which it will be paid, the Report of Backpay form does not need to be
`completed in this matter.
`
`Modify Files: The Settlement Agreement provides that the Employer will modify the
`
`personnel records of Ilse Sanchez and Karla Vanessa Velazquez to reflect that they voluntarily
`resigned from employment with the firm. By July 13, 2023, the Employer must:
`• Send a letter to the above-listed discriminatee(s) advising that:
`o Their employment termination has been changed to a voluntary resignation, and
`o The firm has a policy of providing neutral references limited to dates of
`employment and position(s) held.
`o The letter should be written on company letterhead and contains a date, name, and
`address of discriminatees; and signed by a responsible official of the Employer.
`• Submit a copy of the letters via e-file at www.nlrb.gov.
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 5 of 25 PageID #:185
`Alexandra Lozano Immigration Law, PLLC
`June 29, 2023
`- 4 -
`
`
`
`
`
`Case(s) 13-CA-310733and 13-CA-310508
`
`Rule Rescission/Revision: The Settlement Agreement provides that the Employer will
`
`rescind or make lawful modifications to the rules outlined in the Settlement Agreement and/or
`Notice to Employees and promptly distribute a lawfully revised Employee Policy Manual which
`will be consistent with the provisions of the Notice to Employees and supersedes all prior
`versions of the Employee Policy Manual. The Settlement Agreement also provides that the
`Employer will rescind the Zero Gossip Policy and accompanying video. By July 13, 2023, the
`Employer must:
`• Rescind or lawfully revise the rules outlined in the Settlement Agreement and/or Notice
`to Employees.
`• Rescind the Zero Gossip Policy and accompanying video and inform employees in
`writing that this rule is no longer being maintained.
`• Distribute a lawfully revised Employee Policy Manual
`• Notify employees, in writing, that the rules have been rescinded or lawfully revised and if
`the policies are revised, provide employees with copies of the revised versions.
`• Submit documentary evidence, showing that the Employer rescinded the policies and
`informed employees that the policies have been rescinded, via e-file at www.nlrb.gov.
`
`
`Letter Rescission: The Settlement Agreement provides that the Employer will rescind
`
`the overbroad provision of the “Cease and Desist” letters sent to Ilse Sanchez and Karla Vanessa
`Velazquez. By July 13, 2023, the Employer must:
`• Send a letter to the above-listed discriminatee(s) advising that:
`o The letters are void as related to the firm’s planned enforcement of the Zero
`Gossip Policy and the overbroad requirements of the Employment Agreement’s
`non-disparagement and non-disclosure provisions.
`o The letter should be written on company letterhead and contains a date, name, and
`address of discriminatees; and signed by a responsible official of the Employer.
`• Submit a copy of the letters via e-file at www.nlrb.gov.
`
`
`Camera Removal: The Settlement Agreement provides that the Employer will remove
`
`all security cameras and recording devices installed in the employee break room. By July 13,
`2023, the Employer must:
`• Remove all security cameras and recording devices installed in the employee breakroom.
`• Certify compliance on the Certification of Compliance form and return via e-file along
`with any documentary evidence at www.nlrb.gov.
`
`
`Recordings: The Settlement Agreement provides that the Employer will allow
`
`employees to independently record, or they choose, to cease recording interactions with clients.
`By July 13, 2023, the Employer must:
`• Certify compliance on the Certification of Compliance form and return via e-file along
`with any documentary evidence at www.nlrb.gov.
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 6 of 25 PageID #:186
`Alexandra Lozano Immigration Law, PLLC
`June 29, 2023
`- 5 -
`
`
`
`
`
`Case(s) 13-CA-310733and 13-CA-310508
`
`Certifications of Compliance: Certification of Posting and Compliance forms are
`
`enclosed. The Employer must complete and return the following forms by the deadlines listed
`below:
`• By July 13, 2023, return via e-file the completed Certification of Posting form, along
`with a color copy of the signed Notice and, if applicable, documentary evidence to
`support the Employer’s compliance with distributing the signed Notice to employees
`through other methods.
`• By July 13, 2023, return via e-file the completed Certification of Compliance form, along
`with any documentary evidence to support the Employer’s compliance with the
`affirmative actions the Employer must take to comply.
`• For cases involving Notice readings, by 7 days after the Employer has completed the
`Notice reading, return via e-file the completed Supplemental Certification of Compliance
`form.
`• For cases involving a make whole remedy, by 14 days after the Region has notified the
`Employer that it has determined the backpay amounts owed, return via e-file the
`completed Supplemental Certification of Compliance form.
`
`Electronic Filing of Documents: The NLRB requires mandatory electronic filing of all
`
`case documents. See GC 20-01 for more information. Written instructions for using the
`Agency’s e-filing system and the Agency’s Electronic Filing Terms and Conditions have been
`posted on the Agency’s website. The Agency’s website also contains a video demonstration
`which provides step-by-step instructions for e-filing.
`
`
`Case Closing
`
`When all the affirmative terms of the Settlement Agreement have been fully complied
`
`with and there are no reported violations of its negative provisions, you will be notified that these
`cases have been closed on compliance. Timely submission of the Certifications of Posting and
`Compliance, along with the documents requested within, will assist the Regional Office in
`recommending the closing of these cases in a timely manner.
`
`
`
`Your cooperation in this matter will be appreciated.
`
`Very truly yours,
`
`/s/ Cristina M. Ortega
`
`Cristina M. Ortega
`Compliance Officer
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 7 of 25 PageID #:187
`Alexandra Lozano Immigration Law, PLLC
`June 29, 2023
`- 6 -
`
`Case(s) 13-CA-310733and 13-CA-310508
`
`
`
`
`
`
`
`Enclosures: Copy of Conformed Settlement Agreement
`English & Spanish Notices to Employees
`English & Spanish Explanation of Rights
`Certification of Posting Form
`Certification of Compliance Form
`Supplemental Certification of Compliance Form
`
`
`
`cc: David J. Fish, Attorney
`Fish Potter Bolaños, P.C.
`200 East 5th Avenue, Suite 115
`Naperville, IL 60563
`dfish@fishlawfirm.com
`
`
`
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 8 of 25 PageID #:188
`
`Rev: 3/16
`
`CERTIFICATION OF POSTING
`
`RE: Alexandra Lozano Immigration Law, PLLC
`Case(s) 13-CA-310733 and 13-CA-310508
`
`
`
`
`As required by the Settlement Agreement in this matter, this document is a sworn
`certification of the steps that the Employer has taken to comply. (If additional space is
`needed to provide a full response, attach a sheet(s) with the necessary information.)
`
`Due Date: July 13, 2023
`
`Physical Posting
`
`The signed and dated English and Spanish Notice to Employees and the English & Spanish
`
`Explanation of Rights in the above matter was posted at the following locations as specified
`
`below: (List specific places of posting)
`
`Facility
`
` Date of Posting
`
`6720 Fort Dent Way
`Suite 230
`Tukwila, WA 98188
`
`5800 South Eastern
`Suite 270
`Commerce, CA 90040
`
`6621 Ogden Avenue
`Berwyn, IL 60402
`
`8415 Datapoint Drive
`Suite 300
`San Antonio, TX 78229
`
`8876 Gulf Freeway
`Suite 420
`Houston, TX 77017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`Locations Where Notice is Posted
`
`
`
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`
`
`
`
`
`
`
`A legible copy of the signed Notice, displaying full text of the Notice, including the date,
`signature, and title of the responsible official of the Employer was e-filed together with this
`Certification.
`
`
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 9 of 25 PageID #:189
`
`Alexandra Lozano Immigration Law, PLLC
`Case(s) 13-CA-310733
`
`
`
`Electronic Distribution of Notice
`
`- 2 -
`
`
`June 29, 2023
`
`
`
`The signed and dated English and Spanish Notice to Employees and the English & Spanish
`Explanation of Rights in the above-captioned matter was emailed on
`(date)________________________ to all employees, who work at the facilities located at 6720
`Fort Dent Way, Suite 230, Tukwila, WA 98188; 5800 South Eastern, Suite 270, Commerce, CA
`90040; 6621 Ogden Avenue, Berwyn, IL 60402; 8415 Datapoint Drive, Suite 300, San Antonio,
`TX 78229; and 8876 Gulf Freeway, Suite 420, Houston, TX 77017. A copy of this distribution
`e-mail, with all of the recipients’ e-mail addresses visible, along with a copy of the attached
`Notice, was e-filed via the Agency’s e-filing portal at www.nlrb.gov together with this
`Certification.
`
`I have completed this Certification of Posting and state under penalty of perjury that it is true and
`correct.
`
`
`
`
`
`
`
`
`
`This form should be returned to the Regional Office together with ONE original Notice, dated
`and signed in the same manner as those posted. The Certification of Posting form and color-
`scanned signed Notice should be returned via e-file. Please do not e-mail or physically send hard
`copies of the Certification of Posting form or Notice at this time. If you need assistance in e-
`filing case documents, please contact the Compliance Officer or Assistant assigned to this case.
`
`
`
`
`
`
`By:
`
`Title:
`
`Date:
`
`CHARGED PARTY
`
`
`
`
`
`
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 10 of 25 PageID #:190
`
`Rev: 3/16
`
`CERTIFICATION OF COMPLIANCE
`
`
`
`RE: Alexandra Lozano Immigration Law, PLLC
`Case(s) 13-CA-310733 and 13-CA-310508
`
`
`As required by the Settlement Agreement in this matter, this document is a sworn
`certification of the steps that the Employer has taken to comply.
`
`Due Date: July 13, 2023
`
`Read Notice Aloud to Employees
`
`As set forth below, the Employer scheduled the Notice reading to be read aloud to its employees.
`
`Number of Meetings (to ensure the
`widest possible attendance)
`
`Date(s) and Time(s) of Notice Reading
`
`Location of Notice Reading
`
`Method of Announcement
`
`Name and Title of Employer Official
`
`Additional Notes
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 11 of 25 PageID #:191
`
`Alexandra Lozano Immigration Law, PLLC
`Case(s) 13-CA-310733
`
`
`Make Whole Remedy
`
`- 2 -
`
`
`June 29, 2023
`
`
`
`On (date)________________________, the Employer made whole the discriminatees as
`described in the Settlement Agreement for the loss of wages and benefits. A copy of the check(s)
`has been e-filed.
`
`Modified Records
`On (date)________________________, the Employer modified its records to reflect that any
`reference to the terminations of the employees named in the Settlement Agreement and/or Notice
`to Employees shows that they voluntarily resigned from employment and notified the employees
`in writing of this change. A copy of the modification letters has been e-filed.
`
`Rescission of Letters
`
`On (date)________________________, the Employer rescind the overbroad provisions of the
`"Cease and Desist" letters and notified the employees in writing that the letters are void as
`related to the firm’s planned enforcement of the Zero Gossip Policy and the overbroad
`requirements of the Employment Agreement’s non-disparagement and non-disclosure
`provisions. A copy of the letters has been e-filed.
`
`
`
`Removal of Camera
`
`On (date) ________________________, the Employer removed all security cameras and
`recording devices installed in the employee break rooms.
`
`
`
`Rule/Policy Rescission
`
`On (date)________________________, the Employer rescinded the Zero Gossip Policy and
`accompanying video.
`
`On (date)________________________, the Employer notified their employees in writing that
`the Zero Gossip Policy and accompanying video is no longer being maintained or enforced.
`Documentation that these steps have been completed has been e-filed.
`
`On (date) _______________________, the Employer rescinded or lawfully modified (circle one)
`the unlawfully broad provisions outlined in the Settlement Agreement and/or Notice to
`Employees.
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 12 of 25 PageID #:192
`
`- 3 -
`
`
`Alexandra Lozano Immigration Law, PLLC
`Case(s) 13-CA-310733
`
`On (date)________________________, the Employer notified their employees in writing that
`the unlawfully broad provisions outlined in the Settlement Agreement and/or Notice to
`Employees are no longer being maintained. Documentation that these steps have been
`completed has been e-filed.
`
`June 29, 2023
`
`
`
`On (date)________________________, the Employer distributed an updated Employee Policy
`Manual that is lawfully revised and supersedes all prior versions of the Employee Policy Manual.
`Documentation that these steps have been completed has been e-filed.
`
`Recording
`
`I, ____________________________________________________________________________
`Representative
`
`
`
`
`Title
`
`Certify that the Charged Party allow employees to independently record, or, if they choose, to
`cease recording, interactions with clients. Documentation that these steps have been completed
`has been e-filed.
`
`I have completed this Certification of Compliance and state under penalty of perjury that it is
`true and correct.
`
`
`CHARGED PARTY
`
`
`
`This form should be returned to the Regional Office via e-file. Please do not e-mail or physically
`send hard copies of the Certification of Compliance form at this time. If you need assistance in e-
`filing case documents, please contact the Compliance Officer or Assistant assigned to this case.
`
`
`
`
`
`By:
`
`Title:
`
`Date:
`
`
`
`
`
`
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 13 of 25 PageID #:193
`
`
`
`SUPPLEMENTAL CERTIFICATION OF COMPLIANCE
`
`
`Due within 7 days after any Notice reading.
`
`RE: Alexandra Lozano Immigration Law, PLLC
`Case(s) 13-CA-310733 and 13-CA-310508
`
`
`
`As required by the Settlement Agreement in this matter, this document is a sworn
`certification of the steps that the Employer has taken to comply.
`
`
`
`Read Notice Aloud to Employees
`
`The Notice to Employees in the above captioned matter was read on (date/s)
`______________________________________________________________________________
`______________________________________________________________________________
`______________________________________________________________________________
`by (Responsible official’s name and title) _______________________________________ to all
`current employees in the following languages:
`______________________________________________________________________________
`
` I
`
` have completed this Supplemental Certification of Compliance and state under penalty of
`perjury that it is true and correct.
`
`
`
`
`This form should be returned to the Regional Office via e-file. Please do not e-mail or physically
`send hard copies of the Supplemental Certification of Compliance form at this time. If you need
`assistance in e-filing case documents, please contact the Compliance Officer or Assistant
`assigned to this case.
`
`CHARGED PARTY
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`Title:
`
`Date:
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 14 of 25 PageID #:194
`
`UNITED STATES GOVERNMENT
`NATIONAL LABOR RELATIONS BOARD
`SETTLEMENT AGREEMENT
`
`
`IN THE MATTER OF
`Alexandra Lozano Immigration Law, PLLC
`
`Case 13-CA-310508
` 13-CA-310733
`
`
`
`Subject to the approval of the Regional Director for the National Labor Relations Board, the Charged Party and
`the Charging Party HEREBY AGREE TO SETTLE THE ABOVE MATTER AS FOLLOWS:
`
`POSTING OF NOTICE AND EXPLANATION OF RIGHTS — After the Regional Director has approved
`this Agreement, the Regional Office will send copies of the approved Notice and Explanation of Rights to the
`Charged Party in English, Spanish, and in additional languages if the Regional Director decides that it is
`appropriate to do so. A responsible official of the Charged Party will then sign and date those Notices and
`immediately post the Notices and the Explanation of Rights in prominent places where the Charged Party
`normally posts notices to its employees at the below listed locations. The Charged Party will keep all Notices
`and Explanation of Rights posted for 60 consecutive days after the initial posting.
`
`POSTING LOCATIONS
`
`1) 6720 Fort Dent Way, Suite 230
`
`2) 5800 South Eastern, Suite 270
`
`Tukwila, WA 98188
`
`3) 6621 Ogden Ave.
`
`Berwyn, IL 60402
`
`
`
`
`
`
`
`
`
`
`
` Commerce, CA 90040
`
`
`
`4) 8415 Datapoint Dr., Suite 300
`
` San Antonio, TX 78229
`
`
`
`
`
` 5) 8876 Gulf Fwy, Suite 420
`
` Houston, TX 77017
`
`READING OF NOTICE—The Charged Party will hold a meeting or meetings, scheduled to ensure the widest
`possible attendance at each posting location, at which a responsible management official of the Charged Party
`will disseminate signed copies of the Notice and Explanation of Rights to all attendees and read, either in
`person or via virtual (video) appearance, the Notice in English, Spanish and in additional languages if the
`Regional Director decides that it is appropriate to do so, in the presence of a Board agent and representative of
`the Charging Party. The reading will take place at a time when the Charged Party would customarily hold
`meetings and must be completed between the beginning of the posting period and prior to the completion of the
`60-day Notice posting period. The date and time(s) of the reading must be approved by the Regional Director.
`The announcement of the meeting will be in the same manner the Charged Party normally announces meetings
`and must be approved by the Regional Director. The Notice will be read in the following languages: English
`and Spanish.
`
`E-MAILING NOTICE - The Charged Party will email a copy of the signed Notice in English, Spanish, and in
`additional languages if the Regional Director decides that it is appropriate to do so, to all employees who work
`at the facilities listed above under Posting Locations. The message of the e-mail transmitted with the Notice
`
`
`
`
`
`
`Initials: ____AM________________
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 15 of 25 PageID #:195
`
`will state: “We are distributing the Attached Notice to Employees to you pursuant to a Settlement Agreement
`approved by the Regional Director of Region 13 of the National Labor Relations Board in Cases 13-CA-310508
`and 13-CA-310733.” The Charged Party will forward a copy of that e-mail, with all of the recipients’ e-mail
`addresses, to the Region’s Compliance Officer at Cristina.Ortega@nlrb.gov.
`
`COMPLIANCE WITH NOTICE — The Charged Party will comply with all the terms and provisions of said
`Notice.
`
`BACKPAY — Within 14 days from approval of this agreement, the Charged Party will make whole the
`employee(s) named below by payment to each of them of the amount opposite each name. The Charged Party
`will make appropriate withholdings for each named employee. No withholdings should be made from the
`interest portion of the backpay. The Charged Party, for each employee named below, will provide the Regional
`Director with a Backpay report allocating the payment(s) to the appropriate calendar year and a copy of the IRS
`form W-2 for wages earned in the current calendar year no sooner than December 31st of the current year and
`no later than January 30th of the following year. If the Regional Office is unable to locate any individual
`entitled to make-whole relief within one year of receipt of payment, the Regional Director will have sole
`discretion to redistribute the amounts owed to those individuals, provided no individual receives more than
`100% of the backpay or other remedial monies they are owed. The Charged Party agrees to prepare, process,
`and, if applicable, mail any redistribution payments, at its own cost, pursuant to the direction of the Regional
`Director.
`
`Backpay
`
`Front Pay
`
`Interest
`
`Pecuniary Damages
`
`Name of employee
`
` Ilse Sanchez
`
`
`
`
`
`
`
`
`
`
`
` Karla Vanessa Velazquez $7,030 $67,877
`
`$13,310
`
`$85,936
`
`$179
`
`$93
`
`
`
`
`
`$575
`
`$0
`
`SCOPE OF THE AGREEMENT — This Agreement settles only the allegations in the above-captioned
`case(s), including all allegations covered by the attached Notice to Employees made part of this agreement, and
`does not settle any other case(s) or matters. It does not prevent persons from filing charges, the General
`Counsel from prosecuting complaints, or the Board and the courts from finding violations with respect to
`matters that happened before this Agreement was approved regardless of whether General Counsel knew of
`those matters or could have easily found them out. The General Counsel reserves the right to use the evidence
`obtained in the investigation and prosecution of the above-captioned case(s) for any relevant purpose in the
`litigation of this or any other case(s), and a judge, the Board and the courts may make findings of fact and/or
`conclusions of law with respect to said evidence.
`
`PARTIES TO THE AGREEMENT — If one or both of the Charging Parties fail(s) or refuse(s) to become a
`party to this Agreement and the Regional Director determines that it will promote the policies of the National
`Labor Relations Act, the Regional Director may approve this Settlement Agreement and decline to issue or
`reissue a Complaint in this matter. If that occurs, this Agreement shall be between the Charged Party and the
`undersigned Regional Director. In that case, a Charging Party who fails or refuses to become a party to this
`Agreement may request review of the decision to approve the Agreement. If the General Counsel does not
`sustain the Regional Director’s approval, this Agreement shall be null and void.
`
`AUTHORIZATION TO PROVIDE COMPLIANCE INFORMATION AND NOTICES DIRECTLY TO
`CHARGED PARTY — Counsel for the Charged Party authorizes the Regional Office to forward the cover
`letter describing the general expectations and instructions to achieve compliance, a conformed settlement,
`original notices and a certification of posting directly to the Charged Party. If such authorization is granted,
`Counsel will be simultaneously served with a courtesy copy of these documents.
`
`
`
`
`
`
`Initials: ____AM________________
`
`

`

`Case: 1:23-cv-01028 Document #: 35-1 Filed: 07/18/23 Page 16 of 25 PageID #:196
`
`
`Yes __________
`Initials
`
`No ____X_____
`Initials
`
`PERFORMANCE — Performance by the Charged Party with the terms and provisions of this Agreement
`shall commence immediately after the Agreement is approved by the Regional Director, or if the one or both
`of the Charging Parties do(es) not enter into this Agreement, performance shall commence immediately upon
`receipt by the Charged Party of notice that no review has been requested or that the General Counsel has
`sustained the Regional Director. The Charged Party agrees that in case of non-compliance with any of the
`terms of this Settlement Agreement by the Charged Party, and after 14 days’ notice from the Regional Director
`of the National Labor Relations Board of such non-compliance without remedy by the Charged Party, the
`Regional Director will issue a Complaint that includes the allegations covered by the Notice to Employees, as
`identified above in the Scope of Agreement section, as well as filing and service of the charge(s), commerce
`facts necessary to establish Board jurisdiction, labor organization status, appropriate bargaining unit (if
`applicable), and any other allegations the General Counsel would ordinarily plead to establish the unfair labor
`practices. Thereafter, the General Counsel may file a Motion for Default Judgment with the Board on the
`allegations of the Complaint. The Charged Party understands and agrees that all of the allegations of the
`Complaint will be deemed admitted and that it will have waived its right to file an Answer to such Complaint.
`The only issue that the Charged Party may raise before the Board will be whether it defaulted on the terms of
`this Settlement Agreement. The General Counsel may seek, and the Board may impose, a full remedy for each
`unfair labor practice identified in the Notice to Employees. The Board may then, without necessity of trial or
`any other proceeding, find all allegations of the complaint to be true and make findings of fact and conclusions
`of law consistent with those allegations adverse to the Charged Party on all issues raised by the pleadings. The
`Charged Party agrees that the Board may then issue an order providing, as elected by the Regional Director, a
`full remedy for the violations found as is appropriate to remedy such violations, and/or an order requiring the
`Charged Party to perform terms of this settlement agreement as specified by the Regional Director. The parties
`further agree that a U.S. Court of Appeals Judgment may be entered enforcing the Board order ex parte, after
`service or attempted ser