Air Tech Services

1 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. Air Tech Services, Inc. and Local No. 9, Plumbers and Pipefitters Association. Case 22–CA–21544 March 26, 1997 DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS FOX AND HIGGINS Upon a charge filed by the Union on August 15, 1996, the General Counsel of the National Labor Rela­ tions Board issued a complaint on November 29, 1996, against Air Tech Services, Inc., the Respondent, alleg­ ing that it has violated Section 8(a)(1) and (3) of the National Labor Relations Act. Although properly served copies of the charge and complaint, the Re­ spondent failed to file an answer. On February 20, 1997, the General Counsel filed a Motion for Summary Judgment with the Board. On February 21, 1997, the Board issued an order transfer- ring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Re­ spondent filed no response. The allegations in the mo­ tion are therefore undisputed. 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 letter dated December 20, 1996, notified the Respondent that unless an answer were received by January 3, 1997, a Motion for Sum­ mary 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 Respondent, a corporation, with an office and place of business in Hamilton, New Jersey, has been engaged as a contractor for plumbing, heating, and air-conditioning services. During the 12- month period preceding issuance of the complaint, the Respondent, in conducting its business operations, pur­ chased and received goods valued in excess of $50,000 at its Hamilton, New Jersey facility directly from points outside the State of New Jersey and from other enterprises, including plumbing supply houses, located within the State of New Jersey, each of which other enterprises had received the goods directly from points outside the State of New Jersey. We find that the Re­ spondent 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 About August 4, 1996, the Respondent threatened its employees with unspecified reprisals because they en- gaged in activity in support of the Union. About the same date the Respondent discharged its employee Cortland Leaming Jr. because he assisted the Union and engaged in concerted activities, and to discourage employees from engaging in these activities. CONCLUSIONS OF LAW By the acts and conduct described above, the Re­ spondent has been interfering with, restraining, and co­ ercing employees in the exercise of the rights guaran­ teed in Section 7 of the Act, and has thereby engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(1) and Section 2(6) and (7) of the Act. By discharging Cortland Leaming Jr. the Re­ spondent has also 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, and has thereby engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(3) 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 de- signed to effectuate the policies of the Act. Specifi­ cally, having found that the Respondent has violated Section 8(a)(3) and (1) by discharging Cortland Leaming Jr., we shall order the Respondent to offer him full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed, and to make him whole for any loss of earnings and other benefits suffered as a result of the discrimination against him. Backpay shall be computed in accordance with F. W. Wool- worth Co., 90 NLRB 289 (1950), with interest as pre- scribed in New Horizons for the Retarded, 283 NLRB 1173 (1987). The Respondent shall also be required to remove from its files any and all references to the un- 323 NLRB No. 49 2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD lawful discharge and to notify the discriminatee in writing that this has been done. ORDER The National Labor Relations Board orders that the Respondent, Air Tech Services, Inc., Hamilton, New Jersey, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Threatening its employees with unspecified re­ prisals because they engage in activity in support of Local No. 9, Plumbers and Pipefitters Association. (b) Discharging its employees because they assist the Union or engage in concerted activities, or to dis­ courage employees from engaging in these activities. (c) In any like or related manner interfering with, re- straining, 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) Within 14 days from the date of this Order, offer Cortland Leaming Jr. full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed. (b) Make Cortland Leaming Jr. whole, with interest, for any loss of earnings and other benefits suffered as a result of the discrimination against him, in the man­ ner set forth in the remedy section of this decision. (c) Within 14 days from the date of this Order, re- move from its files any and all references to the un­ lawful discharge, and within 3 days thereafter notify the discriminatee in writing that this has been done and that the unlawful discharge will not be used against him in any way. (d) Preserve and, within 14 days of a request, make available to the Board or its agents for examination and copying, all payroll records, social security pay­ ment records, timecards, personnel records and reports, and all other records necessary to analyze the amount of backpay due under the terms of this Order. (e) Within 14 days after service by the Region, post at its facility in Hamilton, New Jersey, copies of the attached notice marked ‘‘Appendix.’’1 Copies of the notice, on forms provided by the Regional Director for Region 22, after being signed by the Respondent’s au­ thorized representative, shall be posted by the Re­ spondent 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- 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.’’ tices 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 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 August 15, 1996. (f) 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. March 26, 1997 llllllllllllllllll William B. Gould IV, Chairman llllllllllllllllll Sarah M. Fox, Member llllllllllllllllll John E. Higgins, Jr., 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 threaten our employees with unspec­ ified reprisals because they engage in activity in sup- port of Local No. 9, Plumbers and Pipefitters Associa­ tion. WE WILL NOT discharge our employees because they assist the Union or engage in concerted activities, or to discourage employees from engaging in these activi­ ties. 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, within 14 days from the date of this Order, offer Cortland Leaming Jr. full reinstatement to his former job or, if that job no longer exists, to a sub­ stantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed. WE WILL make Cortland Leaming Jr. whole, with interest, for any loss of earnings and other benefits suf- AIR TECH SERVICES 3 fered as a result of the discrimination against him, less WE WILL, within 3 days thereafter, notify him in writ- any net interim earnings, plus interest. ing that this has been done and that the unlawful dis- WE WILL, within 14 days from the date of this charge will not be used against him in any way. Order, remove from our files any and all references to the unlawful discharge of Cortland Leaming Jr., and AIR TECH SERVICES, INC.