Susan E. Woods Construction Co.

1 325 NLRB No. 131 NOTICE: This opinion is subject to formal revision before publication in the Board volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal er- rors so that corrections can be included in the bound volumes. Susan E. Woods Construction Company and KWK Construction Company, as a Single Employer, Joint Employers, or Alter Egos and Carpenters District Council of Washington, DC and Vicin- ity. Case 5–CA–25601 April 30, 1998 DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS FOX AND LIEBMAN Upon a charge filed by the Union on August 29, 1995, the General Counsel of the National Labor Rela- tions Board issued a complaint on June 17, 1996, against Susan E. Woods Construction Company and KWK Construction Company, as a single employer, joint employers, or alter egos, the Respondents, alleg- ing that they have violated Section 8(a)(1) and (5) of the National Labor Relations Act. Although properly served copies of the charge and complaint, the Re- spondents failed to file an answer. On April 6, 1998, the Acting General Counsel filed a Motion for Summary Judgment with the Board. On April 8, 1998, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Re- spondents filed no response. The allegations in the mo- tion are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Summary Judgment Sections 102.20 and 102.21 of the Board’s Rules and Regulations provide that the allegations in the complaint shall be deemed admitted if an answer is not filed within 14 days from service of the complaint, un- less good cause is shown. In addition, the complaint affirmatively notes that unless an answer is filed within 14 days of service, all the allegations in the complaint will be considered admitted. Further, the undisputed al- legations in the Motion for Summary Judgment dis- close that the Region, by letters dated March 26 and September 26, 1997, notified the Respondents that un- less an answer were filed, a Motion for Summary Judgment would be filed. In the absence of good cause being shown for the failure to file a timely answer, we grant the General Counsel’s Motion for Summary Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondents, Virginia cor- porations, with an office and place of business in Ma- nassas, Virginia, have been engaged in construction in- terior work in the construction industry. At a date within the knowledge of the Respondents, Respondent KWK Construction Company was established by Re- spondent Susan E. Woods Construction Company as a subordinate instrument to, and a disguised continuation of, Respondent Susan E. Woods Construction Com- pany. At all material times, the Respondents have been affiliated business enterprises with common officers, ownership, directors, management, and supervision, have administered a common labor policy, have shared common premises and facilities, have provided serv- ices for and made sales to each other, have inter- changed personnel with each other, and have held themselves out to the public as a single-integrated business enterprise. Based on this conduct, Respondent Susan E. Woods Construction Company and Respond- ent KWK Construction Company are, and have been at all material times, alter egos and a single employer within the meaning of the Act, and/or joint employers of the unit employees described below. During the 12- month period preceding issuance of the complaint, the Respondents, in conducting their business operations, performed services valued in excess of $50,000 in states other than the State of Virginia. We find that the Respondents are employers engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act and that the Union is a labor organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES The following employees of the Respondents con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All employees employed by the Respondents per- forming work described in Article IV, in the terri- tories described in Article III, of the Master Agreement between Construction Contractors Council-AGC Labor Division, Inc. and the Union, effective May 1, 1993, to April 30, 1996. Since about August 2, 1993, and at all material times, the Union has been the designated exclusive collective-bargaining representative of the unit and, since then, the Union has been recognized as the rep- resentative by the Respondents. This recognition has been embodied in a recognition agreement dated Au- gust 2, 1993, and in a collective-bargaining agreement effective from May 1, 1993, to April 30, 1996. At all times since August 2, 1993, based on Section 9(a) of 2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1 If this Order is enforced by a judgment of a United States court of appeals, the words in the notice reading ‘‘Posted by Order of the National Labor Relations Board’’ shall read ‘‘Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.’’ the Act, the Union has been the exclusive collective- bargaining representative of the unit. Since about April 6, 1995, the Union, by letter, has requested that the Respondents provide the Union with the following information: (1) All jobs performed by Susan E. Woods Construction dating from May 1, 1993, including owner’s name and address, day and year job start- ed, and day and year job ended; (2) Superintendents employed by Susan E. Woods Construction Company and the address of the jobsites they worked; (3) True copies of all contracts between Susan E. Woods Construction Company and KWK Con- struction Company and, if no such contracts exist, a written explanation of the exact employment re- lationship between Susan E. Woods Construction Company and KWK Construction Company; and (4) Superintendents employed by Susan E. Woods Construction Company. This information requested by the Union is necessary for and relevant to the Union’s performance of its du- ties as the exclusive collective-bargaining representa- tive of the unit. Since about April 6, 1995, the Re- spondents have failed and refused to provide the Union with the information requested. CONCLUSION OF LAW By the acts and conduct described above, the Re- spondents have been failing and refusing to bargain collectively and in good faith with the exclusive col- lective-bargaining representative of their employees, and have thereby engaged in unfair labor practices af- fecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the Act. REMEDY Having found that the Respondents have engaged in certain unfair labor practices, we shall order them to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act. Specifi- cally, having found that the Respondents have failed to provide the Union information that is relevant and nec- essary to its role as the exclusive bargaining represent- ative of the unit employees, we shall order the Re- spondents to furnish the Union the information re- quested. ORDER The National Labor Relations Board orders that the Respondents, Susan E. Woods Construction Company and KWK Construction Company, as a single em- ployer, joint employers, or alter egos, Manassas, Vir- ginia, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing to provide the Union requested informa- tion that is relevant and necessary to its role as the ex- clusive bargaining representative of the following unit employees: All employees employed by the Respondents per- forming work described in Article IV, in the terri- tories described in Article III, of the Master Agreement between Construction Contractors Council-AGC Labor Division, Inc. and the Union, effective May 1, 1993, to April 30, 1996. (b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Furnish the Union the information requested about April 6, 1995. (b) Within 14 days after service by the Region, post at its facility in Manassas, Virginia, copies of the at- tached notice marked ‘‘Appendix.’’1 Copies of the no- tice, on forms provided by the Regional Director for Region 5, after being signed by the Respondents’ au- thorized representative, shall be posted by the Re- spondents and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the no- tices are not altered, defaced or covered by any other material. In the event that, during the pendency of these proceedings, the Respondents have gone out of business or closed the facility involved in these pro- ceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Re- spondent at any time since April 6, 1995. (c) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a 3 SUSAN E. WOODS CONSTRUCTION CO. responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C. April 30, 1998 llllllllllllllllll William B. Gould IV, Chairman llllllllllllllllll Sarah M. Fox, Member llllllllllllllllll Wilma B. Liebman, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we violated the National Labor Relations Act and has or- dered us to post and abide by this notice. WE WILL NOT fail to provide Carpenters District Council of Washington, DC and Vicinity requested in- formation that is relevant and necessary to its role as the exclusive bargaining representative of the follow- ing unit employees: All employees employed by the Employers per- forming work described in Article IV, in the terri- tories described in Article III, of the Master Agreement between Construction Contractors Council-AGC Labor Division, Inc. and the Union, effective May 1, 1993, to April 30, 1996. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act. WE WILL furnish the Union the information it re- quested about April 6, 1995. SUSAN E. WOODS CONSTRUCTION COM- PANY AND KWK CONSTRUCTION COM- PANY, AS A SINGLE EMPLOYER, JOINT EMPLOYERS, OR ALTER EGOS