throbber

`
`
`
`
`
`
`
`UNITED STATES GOVERNMENT
`NATIONAL LABOR RELATIONS BOARD
`OFFICE OF THE GENERAL COUNSEL
`Washington, DC 20570
`
`May 4, 2020
`
`
`
`
`
`Re:
`
`
`TouchPoint Compass Group
`Case 07-CA-258211
`
`Dear
`
`
`
`Your appeal from the Regional Director's refusal to issue complaint has been carefully
`considered. The appeal is denied. The evidence fails to establish the Employer took adverse
`action against you for your protected activity, in violation of Section 8(a)(1) of the National
`Labor Relations Act. In that regard, to determine whether an employer’s adverse action against
`an employee was discriminatorily motivated, the General Counsel must demonstrate by a
`preponderance of the evidence that the employee’s protected activity was a motivating factor for
`the adverse decision; only after such showing is established, the inquiry turns into whether the
`employer would have taken the same action in the absence of the protected conduct. See Wright
`Line, 251 NLRB 1083 (1980), enfd. 662 F.2d 899 (1st Cir. 1981), cert. denied 455 U.S. 989
`(1982).
`
`The evidence did not establish that the Employer’s decision was based on your alleged
`protected concerted activities, rather than work-related reasons. We determined that there was
`insufficient evidence to establish a causal link between the Employer’s adverse actions and your
`alleged protected concerted activities. Instead, the Employer had legitimate independent reasons
`for its decisions, and it would have taken the same action even in the absence of any alleged
`protected conduct on your part.
`
`

`

`TouchPoint Compass Group
`Case 07-CA-258211
`
`
`
`
`
`
`
`
`-2
`
`Since nothing raised on appeal changes the Region’s determination, the appeal is denied.
`
`
`Sincerely,
`
`Peter Barr Robb
`General Counsel
`
`
`
`By:
`
`
`
`___________________________________
`Mark E. Arbesfeld, Director
`Office of Appeals
`
`
`TOUCHPOINT COMPASS GROUP
`19001 W 9 MILE RD
`SOUTHFIELD, MI 48075
`
`
`
`COMPASS GROUP USA INC., D/B/A
` RESTAURANT ASSOCIATES OF
` NEW YORK, LLC
`2400 YORKMONT RD
`CHARLOTTE, NC 28217-4511
`
`
`
`
`
`
`
`
`TERRY MORGAN
`REGIONAL DIRECTOR
`NATIONAL LABOR RELATIONS
` BOARD
`PATRICK V. MCNAMARA
` FEDERAL BUILDING
`477 MICHIGAN AVE RM 05-200
`DETROIT, MI 48226
`
`
`TOUCHPOINT SUPPORT SERVICES
`2400 YORKMONT RD
`CHARLOTTE, NC 28217-4511
`
`
`
`cc:
`
`
`
`
`
`
`
`
`
`vrm
`
`
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket