East Coast Service

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4 East Coast Services, Inc. and International Brother- hood of Electrical Workers, Local 575, AFL– CIO. Case 9–CA–40399 January 15, 2004 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND SCHAUMBER The General Counsel seeks a default judgment in this case on the ground that the Respondent has failed to file an answer to the complaint. Upon a charge and amended charge filed by the Union on July 29 and October 21, 2003, respectively, the General Counsel issued the com- plaint on October 28, 2003, against East Coast Services, Inc., the Respondent, alleging that it has violated Section 8(a)(1) and (3) of the Act. The Respondent failed to file an answer. On December 5, 2003, the General Counsel filed a Motion for Default Judgment with the Board and a memorandum in support. On December 10, 2003, 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 re- sponse. The allegations in the motion are therefore un- disputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Default Judgment Section 102.20 of the Board’s Rules and Regulations provides 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 stated that unless an answer was received within 14 days from service of the complaint, all the allegations in the com- plaint would be considered admitted. Further, the undis- puted allegations in the General Counsel’s motion dis- close that the Region, by letter dated November 18, 2003, notified the Respondent that unless an answer was received by November 26, 2003, a motion for default 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 Default Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, the Respondent has been en- gaged in performing electrical contracting work and in- stalling fire alarm systems out of its Huntington, West Virginia facility. During the 12-month period preceding issuance of the complaint, the Respondent, in conducting its operations, received revenues in excess of $50,000 for services performed outside the State of West Virginia. 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 International Brotherhood of Elec- trical Workers, Local 575, AFL–CIO, is a labor organi- zation within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES At all material times, the following individuals held the position(s) set forth opposite their respective names and have been supervisors of the Respondent within the meaning of Section 2(11) of the Act and agents of the Respondent within the meaning of Section 2(13) of the Act: Erin Thomas —Chief Executive Officer/President Chris Hutchinson —Treasurer/Supervisor Tim Pope —Supervisor Anthony Case —Supervisor The Respondent, by Anthony Case, at the Respon- dent’s jobsite known as the Clay Township schools pro- ject: (a) About July 25, 2003, told an employee that em- ployee James Shope was fired because of his union activ- ity. (b) About July 25, 2003, told an employee that em- ployee Becky Reffitt would be transferred because of her union activity. (c) About August 7, 2003, coercively asked an em- ployee if he was a member of a union. (d) About August 7, 2003, told an employee that union activity would get him fired. (e) About August 11, 2003, coercively interrogated employees about their union activities. (f) About August 21, 2003, threatened employees with physical harm if they talked to the National Labor Rela- tions Board. About July 25, 2003, the Respondent terminated its employee James Shope, and about July 28, 2003, the Respondent transferred its employee Becky Reffitt. The Respondent engaged in this conduct because these em- ployees joined, supported, or assisted the Union and en- gaged in concerted activities and to discourage employ- ees from engaging in these activities. CONCLUSION OF LAW By the acts and conduct described above, the Respon- dent has been interfering with, restraining, and coercing employees in the exercise of their rights guaranteed in Section 7 of the Act, in violation of Section 8(a)(1) of the 341 NLRB No. 2 EAST COAST SERVICES 5 Act. In addition, by terminating James Shope and trans- ferring Becky Reffitt, the Respondent has been discrimi- nating in regard to the hire or tenure or terms or condi- tions of employment of its employees, thereby discourag- ing membership in a labor organization in violation of Section 8(a)(3) of the Act. The Respondent’s unfair la- bor practices affect commerce within the meaning of 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 found that the Respondent has violated Section 8(a)(3) and (1) by discharging James Shope and transferring Becky Reffitt, we shall order the Respondent to offer them full reinstatement to their former jobs, or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges previously enjoyed, and to make them whole for any loss of earnings and other benefits suffered as a result of the discrimination against them. Backpay shall be computed in accordance with F. W. Woolworth Co., 90 NLRB 289 (1950), with interest as prescribed 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 unlawful discharge of Shope and transfer of Reffitt, and to notify them in writ- ing that this has been done and that the discharge or transfer will not be used against them in any way. ORDER The National Labor Relations Board orders that the Respondent, East Coast Services, Inc., Huntington, West Virginia, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Telling employees that employees were fired be- cause of their union activity. (b) Telling employees that employees would be trans- ferred because of their union activity. (c) Coercively asking employees if they are members of a union. (d) Telling employees that union activity would get them fired. (e) Coercively interrogating employees about their un- ion activities. (f) Threatening employees with physical harm if they talked to the National Labor Relations Board. (g) Terminating, transferring, or otherwise discriminat- ing against employees because they support the Interna- tional Brotherhood of Electrical Workers, Local 575, AFL–CIO, or any other labor organization, and engage in protected concerted activities, or to discourage employ- ees from engaging in such activities. (h) 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 James Shope and Becky Reffitt full reinstatement to their former positions or, if those positions no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges previously enjoyed. (b) Make James Shope and Becky Reffitt whole for any loss of earnings and other benefits suffered as a re- sult of their unlawful termination and transfer, respec- tively, 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 and all references to the unlawful ter- mination of James Shope and transfer of Becky Reffitt, and within 3 days thereafter, notify them in writing that this has been done, and that the unlawful termination or transfer will not be used against them in any way. (d) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place desig- nated by the Board or its agents, all payroll records, so- cial security payment records, timecards, personnel re- cords and reports, and all other records including an elec- tronic copy of such records if stored in electronic form, 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 Huntington, West Virginia, copies of the attached notice marked “Appendix.”1 Copies of the no- tice, on forms provided by the Regional Director for Re- gion 9, after being signed by the Respondent’s author- ized 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 al- tered, 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 facil- 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 Na- tional Labor Relations Board” shall read “Posted Pursuant to a Judg- ment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 6 ity involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the no- tice to all current employees and former employees em- ployed by the Respondent at any time since July 25, 2003. (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. 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 Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected activities. WE WILL NOT tell employees that employees were fired because of their union activity. WE WILL NOT tell employees that employees would be transferred because of their union activity. WE WILL NOT coercively ask employees if they are members of a union. WE WILL NOT tell employees that union activity would get them fired. WE WILL NOT coercively interrogate employees about their union activities. WE WILL NOT threaten employees with physical harm if they talked to the National Labor Relations Board. WE WILL NOT terminate, transfer, or otherwise dis- criminate against employees because they support the International Brotherhood of Electrical Workers, Local 575, AFL–CIO, or any other labor organization, and en- gage in protected concerted activities, or to discourage employees from engaging in such activities. 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 the Board’s Order, offer James Shope and Becky Reffitt full rein- statement to their former positions or, if those positions no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges previously enjoyed. WE WILL make James Shope and Becky Reffitt whole for any loss of earnings and other benefits suffered as a result of their unlawful termination and transfer, respec- tively, with interest. WE WILL, within 14 days from the date of the Board’s Order, remove from our files any and all references to the unlawful termination of James Shope and transfer of Becky Reffitt, and WE WILL within 3 days thereafter, no- tify them in writing that this has been done and that the unlawful termination or transfer will not be used against them in any way. EAST COAST SERVICES, INC.