UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 01 a CHIPOTLE MEXICAN GRILL and Case 01-CA-299617 CHIPOTLE UNITED CHIPOTLE MEXICAN GRILL Case 01-CA-300720 and BRANDI MCNEASE, an Individual OS ORDER CONSOLIDATING CASES, CONSOLIDATED COMPLAINT AND NOTICE OF HEARING Pursuant to Section 102.33 of the Rules and Regulations of the National Labor Relations Board (the Board) and to avoid unnecessary costs or delay, IT IS ORDERED THAT Cases 01- CA-299617 filed by Chipotle United (Union), and 01-CA-300720, filed by Brandi McNease, an Individual (McNease), which are based on charges filed against Chipotle Mexican Grill (Respondent) are consolidated. This Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, which is based on these charges, 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 Board’s Rules and Regulations, and alleges Respondent has violated the Act as described below. 1. (a) The charge in Case 01-CA-299617 was filed by the Union on July 19, 2022, and ‘a copy was served on Respondent by regular U.S. mail on July 19, 2022. (b) The charge in Case 01-CA-300720 was filed by McNease on August 4, 2022, and a copy was served on Respondent by regular U.S. mail on August 4, 2022. 2. Atall material times, Respondent, a corporation with an office and place of business in Newport Beach, California, and various locations throughout the United States, including in‘Aubum, Maine (its Auburn facility) and Augusta, Maine (its Augusta facility), has been engaged in the operation of a chain of fast-casual restaurants serving the general public. 3. Annually, Respondent, in conducting its operations described above, derives gross revenues in excess of $500,000, and receives goods, products, and materials at its Maine facilities valued in excess of $5,000 directly from suppliers located outside the State of Maine. 4. 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. 5. Atall material times, the Union has been a labor organization within the meaning of Section 2(5) of the Act. 6. Atall material times, the following individuals held the positions set forth opposite their respective names and have been supervisors of Respondent within the meaning of Section 2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the Act: Scott Boatwright— Chief Restaurant Officer Julia Dyer— Field Leader Daniel Evans— General Manager Lydia Holbrook— General Manager Jarolin Maldonado— Team Director Paige Pelleticr— General Manager 7. (a) About June 17, 2022, Respondent closed its Augusta facility to the public for the purposes of training its Augusta employees. (b) Between the date of closure for training and a date unknown to the General Counsel, Respondent decided to permanently close its Augusta facility. (©) About July 19, 2022, Respondent announced that it would not reopen its Augusta facility. (@ About July 19, 2022, Respondent terminated all of its Augusta facility ‘employees. (©) About August 4, 2022, Respondent refused to rehire Augusta employee Brandi McNease at its Auburn facility.8% (a) Respondent engaged in the conduct described above in paragraph 7(b) through (e) because McNease and the other Augusta employees supported and assisted the Union and engaged in concerted activities, and to discourage employees from engaging in these activities. () Respondent engaged in the conduct described above in paragraph 7(b) through (¢) because its Augusta employees filed a representation petition with the Board. 9. The following employees of Respondent, herein called the Unit, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All full time and regular part time crew, cashiers, and certified trainers employed by Chipotle Mexican Grill at its 1 Stephen King Drive, Augusta, Maine location, but excluding kitchen managers, service managers, apprentices, general managers, guards and supervisors as defined in the Act. 10. From about June 16, 2022 to about June 21, 2022, a majority of the Unit designated the Union as their exclusive collective-bargaining representative. 11. At all times since July 19, 2022, the Union has been the exclusive collective- bargaining representative of the Unit. 12. Since about July 19, 2022, Respondent has failed and refused to recognize and bargain with the Union as the exclusive collective-bargaining representative of the Unit. 13. By the conduct described above in paragraphs 7(b) through (e) and 8(a), Respondent has been discriminating in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging membership in a labor organization in violation of Section 8(a)(1) and (3) of the Act. 14, By the conduct described above in paragraphs 7(b) through (e) and 8(b), Respondent has been discriminating against employees for filing a representation petition with the Board in violation of Section 8(a)(1) and (4) of the Act. 15. The serious and substantial unfair labor practice conduct described above in paragraphs 7(b) through (¢) and 8 is such that there is only a slight possibility of traditional remedies erasing their effects and conducting fair election. Therefore, on balance, the employees” sentiments regarding representation, having been expressed through authorization cards, would be protected better by issuance of a bargaining order.16. By the conduct described above in paragraphs 12 and 15, Respondent has been failing and refusing to bargain collectively and in good faith with the exclusive collective- bargaining representative of its employees in violation of Section 8(a)(1) and (5) of the Act. 17, The allegations described above in paragraph 15 requesting the issuance of a bargaining order are supported by, among other things: (a) the conduct described above in paragraphs 7(b) through (e) and 8 has not been retracted; (b) the conduct described above in paragraphs 7(b) through (e) and 8 was immediately directed at all Unit employees; (©) employees at Respondent's other facilities learned or were likely to leam of the conduct described above in paragraphs 7(b) through (e) and 8; and (@) the conduct described above in paragraphs 7(b) through (e) and 8 followed immediately on the heels of Respondent’s knowledge of the Union’s campaign. WHEREFORE, as part of the remedy for the unfair labor practices alleged above in paragraphs 7(b) through (e) and 12 through 17, the General Counsel requests an order requiring that Respondent: (a) recognize and upon request bargain collectively and in good faith with the Union as the exclusive collective-bargaining representative of the Unit employees. (b) preserve and, within 14 days of a request, provide at the office designated by the Board or its agents, a copy of all payroll records, social security payroll records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of such Order. If requested, the originals of such records shall be provided to the Board or its agents in the same manner; (©) restore the operation of the Augusta facility as it existed prior to July 2022 and make the former restaurant employees whole, including but not limited to, by reimbursement for consequential harm they incurred as a result of Respondent's unlawful conduct; (@) physically post the Notice to Employees at all of Respondent's facilities in the United States and its Territories and require the Notice to be posted for 60 days, and distribute the Notice to Employees and the Board’s Orders to current and new supervisors and managers; (©) electronically distribute the Notice to Employees to all employees employed byRespondent in the United States and its Territories by text messaging, posting on social media ‘websites, and posting on internal apps and intranet websites; and (8 grant a Board Agent access to Respondent's facilities and produce records so that the Board Agent can determine whether Respondent has complied with posting, distribution, and mailing requirements. ‘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 tl office on or before November 17, 2022. Respondent also must serve a copy of the answer on each of the other parties. The answer must be filed electronically through the Agency’s website. To file electronically, go to www.nirb.eov, elick on E-File Documents, enter the NLRB Case Number, and follow the detailed instructions. 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-attomey 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. NOTICE OF HEARING PLEASE TAKE NOTICE THAT on a date, time and place to be determined, 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 has 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: November 3, 2022 San Glow Laura A. Sacks, Regional Director National Labor Relations Board Region 01 AttachmentsFORM NLRB 4338 0) UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD ‘NOTICE Cases: O1-CA-299617 and 01-CA-300720 “The issuance of the notice of formal hearing inthis case does not mean thatthe matter ‘cannot be disposed of by agreement of the parties. On the contrary, itis the policy of this office to encourage voluntary adjustments. The examiner or attomey assigned tothe case will be pleated 10 receive and to act promplly upon your suggestions or comments to this end ‘An agreement between the partes, 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 CER 102.16(a) of withthe Division of Judges when appropriate under 29 CFR 102,16(b). (@) Grounds must be set forth in detail 3) Alternative dates for any rescheduled hearing must be given; (4) The positions ofall other parties must be ascertained in advance by the requesting party and set fort inthe request; and (5) Copies must be simultaneously served on all other partes (listed below), and that fact ‘must be noted on the roquest Except under the most extreme conditions, no request for postponement will be granted during the three days immediately preceding the date of hearing, Jarolin Maldonado, Team Leader Chipotle Mexican Grill ‘3846 North State Suet, Jackson, MS 39206 Email: jarolin.maldonado@chipotle com Jarolin Maldonado, Team Leader ‘Chipotle Mexican Grill 112. Commerce Way ‘Wobum, MA 01801 Email: jarolin.maldonado(@chipotle com Chipotle United ‘74 Blue Ridge Drive West Sidney, ME 04330 Enail:[email protected] ‘Ms, Brandi MeNease 74 Blue Ridge Dr. W Sidney, ME 04330 Email: chipotleunited@gmail com David R. Broderdorf, Esq. (Crystal 8. Carey, Attorney ‘Morgan, Lewis & Bockius, LLP 1701 Market Street Philadelphia, PA 19103 Email: david broderdorf’@morganlewis.com Email: crystal [email protected] Ryan T. Sears, Attorney at Law Morgan, Lewis & Bockius LLP TIT Pennsylvania Avenue, NW ‘Washington, DC 20004 Email: ryan [email protected] Jeffrey Neil Young Solidarity Law 9 Longmeadow Ré, ‘Cumberland Foreside, ME 04110 Email: jyoung@solidaity awForm NLRB-66S (e204) 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 attomey, and wish to have one represent you atthe 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 avaiable atthe following Tink: wovw.nlt. gov sites/dsfaullfiles/attachmentsbasic-page/node-1717/rules and reus 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 “ecfile documents,” enter the 10-digit ease 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 mot 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 @ 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 atthe 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 CER, 100,603 © Prehearing Conference: One or more weeks before the hearing, the ALI 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 ALI or the parties sometimes refer to discussions atthe 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. I 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 dacuments and other evidence. ts: 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 (62014) ML. 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 elose of hearing, Ifa 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. ‘Teanscripts: An official court reporter will make the only official ranseript 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, o the ALJ for approval. Everything said atthe 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 ALI. Oral Argument: You are entitled, on request, toa reasonable period of time at the close ofthe hearing for ‘oral argument, which shall be included in the transcript of the hearing. Altematively, the ALJ may ask for oral argument if, atthe close of the bearing, if it is believed that such argument would be beneficial to the understanding of the contentions ofthe 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 deadtine for filing up to 35 days. 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 ‘equest 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 of time on all other parties and furnish proof of that service with your request. You are encouraged to seek the agreement of the other partes 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 mater, ‘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 partios. 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.