Prism Installations, Inc.

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 errors so that corrections can be included in the bound volumes. Prism Installations, Inc. and Local 34, International Brotherhood of Electrical Workers, AFL-CIO. Case 33-CA-11278 August 14, 1996 DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS BROWNING AND Fox Upon a charge and first amended charge filed by the Union on July 28 and August 31, 1995, the General Counsel of the National Labor Relations Board issued an order withdrawing approval of settlement agreement and complaint on March 11, 1996, against Prism Installations, Inc., the Respondent, alleging that it has violated Section 8(a)(1) and (5) of the National Labor Relations Act.¹ Although properly served copies of the charge, amended charge and complaint, the Respondent failed to file an answer. On July 2, 1996, the General Counsel filed a Motion for Summary Judgment with the Board. On July 5, 1996, 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 Respondent filed no response. The allegations in the motion 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, unless 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 allegations in the Motion for Summary Judgment disclose that the Region, by letter dated April 22, 1996, notified the Respondent that unless an answer were received by May 6, 1996, a Motion for Summary Judgment would be filed. 1 The Respondent and the Union entered into an informal settlement agreement, approved by the Regional Director on September 29, 1995, prior to issuance of a complaint. However, on March 11, 1996, approval of the settlement agreement was withdrawn on the grounds that the Respondent failed to comply with the terms of the agreement. 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 Respondent, an Illinois corporation, with an office and place of business in East Peoria, Illinois, has been engaged in the installation of security systems and telephone systems. During the past calendar year, the Respondent, in conducting its business operations, provided services valued in excess of $50,000 to Oberlander Communications Systems and Oberlander Alarm Systems, enterprises within the State of Illinois, each of which, during the past calendar year, purchased goods valued in excess of $50,000 directly from suppliers located outside the State of Illinois. We find that the Respondent is an employer 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 National Electrical Contractors Association (NECA) is an organization comprised of employers engaged in the construction industry which exists for the purpose, inter alia, of representing its members in negotiating and administering collective-bargaining agreements. The Union entered into a collective-bargaining agreement with NECA, effective by its terms March 1, 1995, through February 28, 1997. The following employees of the Respondent constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All journeyman installer, trainee installer, lead man and helper employees employed by the Respondent at or out of its East Peoria, Illinois facility; but excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act. About January 26, 1995, the Respondent, an employer engaged in the building and construction industry, granted recognition to the Union as the exclusive collective-bargaining representative of the unit, and since that date, the Union has been recognized as such representative by the Respondent without regard to whether the majority status of the Union has ever been established under the provisions of Section 9(a) of the Act. About the same date, the Respondent entered into a letter of understanding whereby it agreed to be bound by the terms of the collective-bargaining agreement between the Union and NECA effective by its 321 NLRB No. 128 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD terms from March 1, 1995, through February 28, 1997. About June 26, 1995, the Respondent entered into a collective-bargaining agreement with the Union, effective by its terms March 1, 1995, through February 28, 1997. On various dates during the period from April 1 through August 9, 1995, the Union has requested completed monthly payroll contribution forms. This information is necessary for, and relevant to, the Union's performance of its duties as the limited exclusive collective-bargaining representative of the unit. Since April 1, 1995, the Respondent has failed and refused to furnish the Union with the requested information. These subjects relate to wages, hours, and other terms and conditions of employment of the unit and are mandatory subjects for the purposes of collective bargaining. CONCLUSION OF LAW By the acts and conduct described above, the Respondent has been failing and refusing to bargain collectively and in good faith with the limited exclusive collective-bargaining representative of its employees, and has thereby engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(1) and (5) and Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has engaged in certain unfair labor practices, we shall order it to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act. Specifically, having found that the Respondent has failed to provide the Union requested information that is necessary for and relevant to its role as the exclusive bargaining representative of the unit employees, we shall order the Respondent to furnish the Union the information requested. ORDER The National Labor Relations Board orders that the Respondent, Prism Installations, Inc., East Peoria, Illinois, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing or refusing to provide Local 34, International Brotherhood of Electrical Workers, AFL-CIO with requested information that is necessary for and relevant to the Union's performance of its duties as the limited exclusive collective-bargaining representative of the following unit: All journeyman installer, trainee installer, lead man and helper employees employed by the Respondent at or out of its East Peoria, Illinois facility; but excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act. (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) Provide the Union with the completed monthly payroll contribution forms it has requested since April 1, 1995. (b) Within 14 days after service by the Region, post at its facility in East Peoria, Illinois, copies of the attached notice marked "Appendix." Copies of the notice, on forms provided by the Regional Director for Region 33, after being signed by the Respondent's authorized representative, shall be posted by the Respondent 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 notices are not altered, defaced, or covered by any other material. In the event that, during the pendency of these proceedings, the Respondent has gone out of business or closed the facility involved in these proceedings, 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 Respondent at any time since July 28, 1995. (c) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C. August 14, 1996 William B. Gould IV, Chairman Margaret A. Browning, Member Sarah M. Fox, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 2 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." PRISM INSTALLATIONS 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 ordered us to post and abide by this notice. WE WILL NOT fail or refuse to provide Local 34, International Brotherhood of Electrical Workers, AFL- CIO with requested information that is necessary for and relevant to the Union's performance of its duties as the limited exclusive collective-bargaining representative of the following unit: All journeyman installer, trainee installer, lead man and helper employees employed by us at or out of our East Peoria, Illinois facility; but excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act. 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 provide the Union with the completed monthly payroll contribution forms it has requested since April 1, 1995. PRISM INSTALLATIONS, INC.