Synergy International

348 NLRB No. 34 Synergy International and Nancy Nowakowski. Case 5–CA–33009 September 29, 2006 DECISION AND ORDER BY MEMBERS SCHAUMBER, KIRSANOW, AND WALSH 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 charges filed on April 19, April 27, and June 23, 2006, respectively, by Nancy Nowakowski, the General Coun- sel issued the complaint on July 25, 2006, against Syn- ergy International, the Respondent, alleging that it has violated Section 8(a)(1) of the Act. The Respondent failed to file an answer. On September 12, 2006, the General Counsel filed a Motion for Default Judgment with the Board. On Sep- tember 14, 2006, 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 did not file a 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 Default Judgment Section 102.20 of the Board’s Rules and Regulations provides that the allegations in a 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 filed by August 8, 2006, all the allegations in the complaint would be considered to be admitted to be true. Further, the undisputed allegations in the General Counsel’s motion disclose that the Re- gion, by letter dated August 15, 2006, advised the Re- spondent that unless an answer was received by August 25, 2006, 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, a Maryland cor- poration, has been engaged in the business of delivering parcels for DHL Express, Inc., at the DHL Express, Inc. facility located in Joppa, Maryland, herein referred to as the DHL facility. During the 12-month period preceding issuance of the complaint, a representative period, the Respondent, in conducting its business operations described above, pro- vided services valued in excess of $50,000 for DHL Ex- press, Inc., a Delaware corporation, which annually per- formed services valued in excess of $50,000 in states other than the State of Maryland. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) 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: Max Jalandoni - President Mike Parker - Supervisor Rose Sanders - Site Manager On or about November 22, 2005, the Respondent, by Rose Sanders, at the Joppa, Maryland DHL facility, co- erced employees by telling them that if she found out which employees were working against her by engaging in protected concerted activity, they would be fired. On or about November 25, 2005, the Respondent, by Rose Sanders, at the Joppa, Maryland DHL facility, in- terrogated employees regarding their protected concerted activities. On or about November 25, 2005, the Respondent, by Mike Parker at the Joppa, Maryland DHL facility, threat- ened employees by telling them that someone would lose his/her job over this talk about a concerted walkout to protect wages and other terms and conditions of em- ployment. On or about November 22, 2005, employee Nancy Nowakowski initiated protected concerted activities re- garding wages, hours, working conditions, and other terms and conditions of employment, by discussing with other employees a plan to walk off the job, concertedly, to protest a new pay proposal. On or about November 25, 2005, the Respondent ter- minated the employment of Nancy Nowakowski. The Respondent terminated Nowakowski because she engaged in the conduct described above and to discour- age employees from engaging in protected concerted activities. CONCLUSION OF LAW By the acts and conduct described above, the Respon- dent has interfered with, restrained, and coerced employ- ees in the exercise of the rights guaranteed them by Sec- tion 7 of the Act, in violation of Section 8(a)(1) of the DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 Act. The Respondent’s unfair labor 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)(1) by discharging Nancy Nowakowski because she engaged in protected concerted activity, we shall order the Re- spondent to offer her full reinstatement to her former job or, if that job no longer exists, to a substantially equiva- lent position, without prejudice to her seniority or any other rights and privileges previously enjoyed, and to make her whole for any loss of earnings and other bene- fits suffered as a result of the discrimination against her. 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 unlaw- ful discharge of Nowakowski, and to notify her in writ- ing that this has been done and that the discharge will not be used against her in any way. ORDER The National Labor Relations Board orders that the Respondent, Synergy International, Joppa, Maryland, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Threatening to discharge or otherwise discriminate against employees if they engage in protected concerted activities. (b) Interrogating employees regarding their protected concerted activities. (c) Discharging or otherwise discriminating against employees because they engage in protected concerted activities, or to discourage employees from engaging in such activities. (d) 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 Nancy Nowakowski full reinstatement to her former po- sition or, if that position no longer exists, to a substan- tially equivalent position, without prejudice to her senior- ity or any other rights and privileges previously enjoyed. (b) Make Nancy Nowakowski whole for any loss of earnings and other benefits suffered as a result of her unlawful discharge, 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 dis- charge of Nancy Nowakowski and, within 3 days there- after, notify her in writing that this has been done, and that the unlawful discharge will not be used against her 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 electronic 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 business offices copies of the attached notice marked "Appendix."1 Copies of the notice, on forms provided by the Regional Director for Region 5, after being signed by the Respondent’s authorized representative, shall be posted by the Respondent and maintained for 60 con- secutive 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 cov- ered 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 em- ployees and former employees employed by the Respon- dent at any time since November 22, 2005. (f) Within 14 days after service by the Region, sign and return to the Regional Director for Region 5 suffi- cient copies of the notice for posting by DHL Express, Inc., if willing, at its Joppa, Maryland facility, at all places where notices to employees are customarily posted. (g) 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 com- ply. 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.” SYNERGY INTERNATIONAL 3 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 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 threaten to discharge or otherwise dis- criminate against you if you engage in protected con- certed activities. WE WILL NOT interrogate you regarding your protected concerted activities. WE WILL NOT discharge or otherwise discriminate against you because you engage in protected concerted activities, or to discourage you 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 Nancy Nowakowski full reinstatement to her former position or, if that position no longer exists, to a substantially equivalent position, without prejudice to her seniority or any other rights and privileges previously enjoyed. WE WILL make Nancy Nowakowski whole for any loss of earnings and other benefits suffered as a result of her unlawful discharge, 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 discharge of Nancy Nowakowski and, within 3 days thereafter, notify her in writing that this has been done, and that the unlawful discharge will not be used against her in any way. SYNERGY INTERNATIONAL