Carpentry Contractors

328 NLRB No. 8 1 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive 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. Carpentry Contractors, Inc. and John E. Davis. Case 7–CA–41464 April 21, 1999 DECISION AND ORDER BY CHAIRMAN TRUESDALE AND MEMBERS HURTGEN AND BRAME Upon a charge and an amended charge filed by John E. Davis (the Charging Party) on October 20, 1998, and January 19, 1999, respectively, the General Counsel of the National Labor Relations Board issued a complaint on January 22, 1999, against Carpentry Contractors, Inc., the Respondent, alleging that it has violated Section 8(a)(1) and (3) of the National Labor Relations Act. Al- though properly served copies of the charge, amended charge and complaint, the Respondent failed to file an answer. On March 11, 1999, the General Counsel filed a Mo- tion for Summary Judgment with the Board. On March 12, 1999, the Board issued an order transferring the pro- ceeding 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 Mo- tion for Summary Judgment disclose that the Region, by letter dated February 12, 1999, notified the Respondent that unless an answer were received by February 26, 1999, a Motion for Summary Judgment would be filed. In the absence of good cause being shown for the fail- ure to file a timely answer, we grant the General Coun- sel’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 Plymouth, Michi- gan, has been engaged as a residential and nonresidential carpentry contractor in the building and construction industry. The Respondent maintains various jobsites throughout the State of Michigan including the Parkside jobsite in Detroit, Michigan. During the calendar year ending December 31, 1998, the Respondent, in conduct- ing its business operations described above, purchased and received at its various jobsites in the State of Michi- gan lumber valued in excess of $50,000 from lumber suppliers located within the State of Michigan, each of which enterprises had received these goods directly from points outside the State of Michigan. At all material times, Michigan Carpentry Contractors Association, Inc. (the Association) has been an organiza- tion composed of various employers engaged in carpen- try work in the building and construction industry. A purpose of the Association is to represent its employer- members in negotiating and administering collective- bargaining agreements with various organizations, in- cluding the United Brotherhood of Carpenters and Join- ers of America (AFL–CIO). At all material times, the Respondent has been an em- ployer-member of the Association described above and has delegated the Association to represent it in negotiat- ing and administering collective–bargaining agreements with the United Brotherhood of Carpenters and Joiners of America (AFL–CIO), a labor organization. During the calendar year ending December 31, 1998, the employer- members of the Association, in conducting their business operations, together derived gross revenues in excess of $500,000 for services performed in States other than the State of Michigan. 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 Local 334, Laborers’ International Union of North America, AFL–CIO (Local 334), is a labor organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES About September 30, 1998, the Respondent terminated the employment of employee John E. Davis because Davis became a member of Local 334 and sought “un- ion” wages, and in order to discourage employees from engaging in union and other concerted activities. CONCLUSION OF LAW By the acts and conduct described above, the Respon- dent has been discriminating in regard to the hire or ten- ure or terms or conditions of employment of its employ- ees, thereby discouraging membership in a labor organi- zation, and has thereby engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(1) and (3) and Section 2(6) and (7) of the Act. REMEDY Having found that the Respondent has engaged in cer- tain 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 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 found that the Respondent has violated Section 8(a)(3) and (1) by terminating John E. Davis, we shall order the Respondent to offer the discriminatee 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 en- joyed, and to make him whole for any loss of earnings and other benefits suffered as a result of the discrimina- tion against him. Backpay shall be computed in accor- dance with F. W. Woolworth Co., 90 NLRB 289 (1950), with interest as prescribed in New Horizons for the Re- tarded, 283 NLRB 1173 (1987). The Respondent shall also be required to expunge from its files any and all references to the unlawful termination, and to notify the discriminatee in writing that this has been done. ORDER The National Labor Relations Board orders that the Respondent, Carpentry Contractors, Inc., Plymouth and Detroit, Michigan, its officers, agents, successors, and assigns, shall 1.Cease and desist from (a) Terminating employees because they become members of Local 334, Laborers’ International Union of North America, AFL–CIO or any other labor organiza- tion or because they seek “union” wages. (b) 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 John E. Davis immediate and full reinstatement to his former job or, if that job no longer exists, to a substan- tially equivalent position, without prejudice to his sen- iority or any other rights or privileges previously en- joyed. (b) Make John E. Davis whole for any loss of earnings or other benefits suffered as a result of the discrimination against him, with interest, in the manner set forth in the remedy section of this decision. (c) Within 14 days from the date of this Order, remove from its files any reference to the unlawful termination of John E. Davis, and within 3 days thereafter notify him in writing that this has been done and that the termination 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 payment rec- ords, timecards, personnel records and reports, and all other records necessary to analyze the amount of back- pay due under the terms of this Order. (e) Within 14 days after service by the Region, post at its facility in Plymouth and Detroit, Michigan, copies of the attached notice marked “Appendix.”1 Copies of the notice, on forms provided by the Regional Director for Region 7, after being signed by the Respondent’s authorized representative, shall be posted by the Respon- dent and maintained for 60 consecutive days in con- spicuous 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 Respondent has gone out of business or closed the facility involved in these proceedings, the Re- spondent 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 September 30, 1998. (f) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a re- sponsible official on a form provided by the Region at- testing to the steps that the Respondent has taken to comply. Dated, Washington, D.C. April 21, 1999 John C. Truesdale, Chairman Peter J. Hurtgen, Member J. Robert Brame III, 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. Section 7 of the Act gives employees these rights. To organize To form, join, or assist any union To bargain collectively through representatives of their own choice 1 If this Order is enforced by a judgment of the 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.” CARPENTRY CONTRACTORS 3 To act together for other mutual aide or protec- tion To choose not to engage in any of these protected concerted activities. WE WILL NOT terminate employees because they be- come members of Local 334, Laborers’ International Union of North America, AFL–CIO or any other labor organization or because they seek “union” wages. 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 John E. Davis immediate and full reinstatement to his former job or, if that job no longer exist, to a sub- stantially equivalent position, without prejudice to his seniority or any other rights or privileges previously en- joyed. WE WILL make John E. Davis whole for any loss of earnings or other benefits suffered as a result of the dis- crimination against him, with interest. We will, within 14 days from the date of this Order, remove from our files any reference to the unlawful ter- mination of John E. Davis, and WE WILL, within 3 days thereafter notify him in writing that this has been done and that the termination will not be used against him in any way. CARPENTRY CONTRACTORS, INC.