Stafford Ambulance Assoc.

351 NLRB No. 78 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. Stafford Ambulance Association, Inc. and Interna- tional Association of EMTS & Paramedics, SEIU/NAGE and Glenn Dube and Jeremy Sim- mons. Cases 34–CA–11734, 34–CA–11758, and 34–CA–11832 December 21, 2007 DECISION AND ORDER BY MEMBERS SCHAUMBER, KIRSANOW, AND WALSH The General Counsel seeks a default judgment1 in this case on the ground that the Respondent has failed to file an answer to the consolidated complaint. Based on charges and amended charges filed by International As- sociation of EMTS & Paramedics, SEIU/NAGE (the Union), Glenn Dube, and Jeremy Simmons, the General Counsel issued the consolidated complaint on September 27, 2007, against Stafford Ambulance Association, Inc. (the Respondent), alleging that it has violated Section 8(a)(3) and (1) of the Act. The Respondent failed to file an answer. On October 24, 2007, the General Counsel filed a Mo- tion for Summary Judgment with the Board. Thereafter, on October 26, 2007, 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. 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 states that unless an answer was filed by October 11, 2007, all of the allegations could be found to be true. Further, the undisputed allegations in the General Counsel’s motion disclose that the Region, by letter dated October 12, 2007, notified the Respondent that unless an answer was received by October 18, 2007, summary judgment would be sought. 1 The General Counsel’s motion requests summary judgment on the ground that the Respondent has failed to file an answer to the consoli- dated complaint. Accordingly, we construe the General Counsel’s motion as a motion for default judgment. 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, a nonprofit Con- necticut corporation with a place of business in Stafford Springs, Connecticut (the facility), has been engaged in the provision of emergency medical services. During the 12-month period ending August 31, 2007, the Respon- dent, in conducting its operations described above, pur- chased and received at its facility goods valued in excess $50,000 directly from points located outside the State of Connecticut. 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 At all material times, the following individuals held the positions 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: Gary Brown President Lynn Grant Officer-at-Large Alex Moore Chief Christie Mason Captain [from about December 2006 to about May 2007] At all material times, the following individuals held the positions set forth opposite their respective names and have been agents of the Respondent within the meaning of Section 2(13) of the Act: Larry Cramer Vice President Brandon Moore Secretary Sandy Haiko Treasurer Marc Cramer Assistant Chief Jacob Moore Lieutenant Cathy Canon Shift Coordinator On about April 5, 2007, the Respondent, by Brown at its facility, interrogated employees about their union ac- tivities. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 On about April 5, 2007, the Respondent, by Mason in a telephone conversation, threatened employees with termination because of their support for the Union. On about April 6, 2007, the Respondent, by Grant at its facility, impliedly threatened its employees with un- specified reprisals because of their union activities; and impliedly promised its employees unspecified benefits if they refrained from engaging in union activities. Since about April 6, 2007, the Respondent, by Canon at its facility, engaged in surveillance of the union activi- ties of its employees. On about April 1, 2007, the Respondent changed Jer- emy Simmons’ job duties regarding the maintenance of ambulances. On about April 5, 2007, the Respondent changed Jen- nifer Bregoli’s job duties by taking away all responsibil- ity concerning employee personnel files, including pay- roll records, and limiting her duties regarding the pay- ment of bills. On about April 8, 2007, the Respondent terminated employee access to its wireless internet connection at its facility. On about May 1, 2007, the Respondent changed Glenn Dube’s job duties regarding scheduling of paid staff for weekend nights. In about mid-May 2007, the Respondent issued Sim- mons a verbal warning, reduced to writing. On about May 8, 2007, the Respondent eliminated the regular scheduling of paid employees to work on week- end nights. On about June 1, 2007, the Respondent terminated Dube. On about June 2, 2007, the Respondent suspended Cindy Rivard from working weekend night shifts for June 2007. On about July 27, 2007, the Respondent issued a ver- bal warning, reduced to writing, to Simmons and Garrett Lizzie. On about August 12, 2007, the Respondent issued Simmons a written warning. The Respondent engaged in the conduct described above because its employees joined, supported and as- sisted the Union, and to discourage employees from en- gaging in such activities. CONCLUSIONS OF LAW 1. By interrogating employees about their union activi- ties, threatening employees with termination because of their support for the Union, impliedly threatening em- ployees with unspecified reprisals because of their union activities, impliedly promising benefits to employees if they refrained from union activities, and engaging in surveillance of employees’ union activities, the Respon- dent has been interfering with, restraining, and coercing its employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act. 2. By changing the job duties of Jeremy Simmons, Jennifer Bregoli, and Glenn Dube, terminating employee access to the wireless internet connection at its facility, eliminating the regular scheduling of paid employees to work on weekend nights, issuing verbal and written warnings to Simmons and Garrett Lizzie, suspending Cindy Rivard from working weekend night shifts for June 2007, and terminating Glenn Dube, the Respondent has been discriminating in regard to the hire or tenure or terms and conditions of employment of its employees, thereby discouraging membership in a labor organization in violation of Section 8(a)(3) and (1) of the Act. The unfair labor practices of the Respondent 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 actions designed to effectuate the policies of the Act. Specifically, having found that the Respondent violated Section 8(a)(3) and (1) by terminating Glenn Dube, we shall order the Re- spondent to offer him full reinstatement to his former job or, if that job no longer exists, to a substantially equiva- lent position, without prejudice to his seniority or any other rights or privileges previously enjoyed, and make him whole for any loss of earnings and other benefits suffered as a result of the Respondent’s unlawful actions against him. 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). In addition, having found that the Respondent violated Section 8(a)(3) and (1) by suspending Cindy Rivard from working weekend night shifts for June 2007, we shall order the Respondent to rescind her suspension. We shall also order the Respondent to restore the regular scheduling for paid employees to work on weekend nights, and to make whole Cindy Rivard and other em- ployees who were previously regularly scheduled to work weekend nights for any loss of earnings and other benefits suffered as a result of the Respondent’s unlawful actions. Backpay shall be computed in accordance with F. W. Woolworth Co., supra, with interest, as prescribed in New Horizons for the Retarded, supra. Having also found that the Respondent violated Sec- tion 8(a)(3) and (1) by changing employees’ job duties, we shall order the Respondent to rescind the changes and STAFFORD AMBULANCE ASSN. 3 restore Simmons’ job duties regarding the maintenance of ambulances; Bregoli’s job duties with respect to re- sponsibility concerning employee personnel files, includ- ing payroll records, and her duties regarding the payment of bills; and Dube’s job duties regarding scheduling of paid staff for weekend nights. We shall also order the Respondent to restore em- ployee access to the wireless internet connection at its facility. Further, the Respondent shall be ordered to rescind the verbal warnings, reduced to writing, issued to Simmons in mid-May and July 27, 2007, and to Garrett Lizzie on July 27, 2007, and the written warning issued to Sim- mons on August 12, 2007. Finally, the Respondent shall also be required to re- move from its files all references to the unlawful verbal and written warnings to Jeremy Simmons and Garrett Lizzie; the unlawful job duty changes for Jeremy Sim- mons, Jennifer Bregoli, and Glenn Dube; the suspension of Cindy Rivard from working weekend night shifts for June 2007, and the unlawful termination of Glenn Dube; and notify the discriminatees in writing that this has been done and that the unlawful references will not be used against them in any way. ORDER The National Labor Relations Board orders that the Respondent, Stafford Ambulance Association, Inc., Staf- ford Springs, Connecticut, its officers, agents, succes- sors, and assigns, shall 1. Cease and desist from (a) Interrogating employees about their activities on behalf of the Union, International Association of EMTS & Paramedics, SEIU/NAGE. (b) Threatening employees with termination because of their support for the Union. (c) Impliedly threatening employees with unspecified reprisals because of their union activities. (d) Impliedly promising employees unspecified bene- fits if they refrain from engaging in union activities. (e) Engaging in surveillance of the union activities of employees. (f) Changing employees’ job duties in order to dis- courage support for the Union. (g) Terminating employee access to its wireless inter- net connection at its facility in order to discourage sup- port for the Union. (h) Issuing employees verbal and written warnings in order to discourage support for the Union. (i) Eliminating the regular scheduling of paid employ- ees to work on weekend nights in order to discourage support for the Union. (j) Terminating or suspending employees in order to discourage support for the Union. (k) 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 Glenn Dube full reinstatement to his former position or, if that position no longer exists, to a substantially equiva- lent position, without prejudice to his seniority or any rights and privileges previously enjoyed. (b) Make Glenn Dube whole for any loss of earnings and other benefits suffered as a result of the Respon- dent’s unlawful actions against him, with interest, in the manner set forth in the remedy section of this Decision. (c) Rescind the suspension of Cindy Rivard from working weekend night shifts for June 2007, and restore the regular scheduling for paid employees to work on weekend nights. (d) Make Cindy Rivard and other employees who were previously regularly scheduled to work weekend nights whole for any loss of earnings and other benefits suffered as a result of the Respondent’s unlawful actions, with interest, in the manner set forth in the remedy section of this Decision. (e) Rescind the unlawful changes to employees’ job duties, and restore Simmons’ job duties regarding the maintenance of ambulances; Bregoli’s job duties with respect to responsibility concerning employee personnel files, including payroll records, and her duties regarding the payment of bills; and Dube’s job duties regarding scheduling of paid staff for weekend nights. (f) Restore employee access to its wireless internet connection at its facility. (g) Rescind the verbal and written warnings issued to Jeremy Simmons in mid-May, July 27, and August 12, 2007, and to Garrett Lizzie on July 27, 2007. (h) Within 14 days from the date of this Order, remove from its files all references to the unlawful issuance of verbal and written warnings to Jeremy Simmons and Garrett Lizzie; the unlawful job duty changes of Jeremy Simmons, Jennifer Bregoli, and Glenn Dube; the unlaw- ful suspension of Cindy Rival from working weekend night shifts for June 2007; and the unlawful termination of Glenn Dube; and, within 3 days thereafter, notify the discriminatees in writing that this has been done and that its unlawful conduct will not be used against them in any way. (i) 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- DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4 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. (j) Within 14 days after service by the Region, post at its facility in Stafford Springs, Connecticut, copies of the attached notice marked “Appendix.”2 Copies of the no- tice, on forms provided by the Regional Director for Re- gion 34, 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- 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 April 1, 2007. (k) 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. December 21, 2007 Peter C. Schaumber, Member Peter N. Kirsanow, Member Dennis P. Walsh, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE 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 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.” An Agency of the United States Government The National Labor Relations Board has found that we vio- lated 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 interrogate employees about their activi- ties with the Union, International Association of EMTS & Paramedics, SEIU/NAGE. WE WILL NOT threaten employees with termination be- cause of their support for the Union. WE WILL NOT impliedly threaten employees with un- specified reprisals because of their union activities. WE WILL NOT impliedly promise employees unspecified benefits if they refrain from engaging in union activities. WE WILL NOT engage in surveillance of the union ac- tivities of employees. WE WILL NOT change employees’ job duties in order to discourage support for the Union. WE WILL NOT terminate employee access to our wire- less internet connection at our Stafford Springs, Con- necticut facility in order to discourage support for the Union. WE WILL NOT issue employees verbal warnings and re- duce the warnings to writing in order to discourage sup- port for the Union. WE WILL NOT eliminate the regular scheduling of paid employees to work on weekend nights in order to dis- courage support for the Union. WE WILL NOT terminate or suspend employees in order to discourage support for the Union. WE WILL NOT in any like or related manner interfere with, restrain, or coerce employees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL, within 14 days from the date of the Board’s Order, offer Glenn Dube full reinstatement to his former position or, if that position no longer exists, to a substan- tially equivalent position, without prejudice to his senior- ity or any other rights and privileges previously enjoyed. WE WILL make Glenn Dube whole for any loss of earn- ings and other benefits resulting from our unlawful ac- tions against him, with interest. STAFFORD AMBULANCE ASSN. 5 WE WILL rescind the suspension of Cindy Rivard from working weekend night shifts for June 2007, and restore the regular scheduling for paid employees to work on weekend nights. WE WILL make Cindy Rivard and other employees who were previously regularly scheduled to work weekend nights whole for any loss of earnings and other benefits suffered as a result of our unlawful actions, with interest. WE WILL rescind the unlawful changes to employees’ job duties and restore Simmons’ job duties regarding the maintenance of ambulances; Bregoli’s job duties with respect to responsibility concerning employee personnel files, including payroll records, and her duties regarding the payment of bills; and Dube’s job duties regarding scheduling of paid staff for weekend nights. WE WILL restore employee access to our wireless inter- net connection at our facility. WE WILL rescind the verbal and written warnings is- sued to Jeremy Simmons in mid-May, July 27, and Au- gust 12, 2007, and to Garrett Lizzie on July 27, 2007. WE WILL, within 14 days from the date of the Board’s Order, remove from our files all references to the unlaw- ful verbal and written warnings to Jeremy Simmons and Garrett Lizzie; the unlawful changes to the job duties of Jeremy Simmons, Jennifer Bregoli, and Glenn Dube; the unlawful suspension of Cindy Rivard from working weekend night shifts for June 2007; and the unlawful termination of Glenn Dube, and, WE WILL within 3 days thereafter, notify the discriminatees in writing that this has been done and that our unlawful conduct will not be used against them in any way. STAFFORD AMBULANCE ASSOCIATION, INC.