Brooks Ambulance, Inc.

348 NLRB No. 78 Brooks Ambulance, Inc. and Professional EMT’s and Paramedics, a division of the International Brotherhood of Boilermakers. Case 30–CA– 17536 November 30, 2006 DECISION AND ORDER BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN 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 filed by the Union on July 13, 2006, the General Counsel issued the complaint on August 31, 2006 against Brooks Ambu- lance, Inc., the Respondent, alleging that it has violated Section 8(a)(1) and (5) of the Act. The Respondent failed to file an answer. On October 11, 2006, the General Counsel filed a Mo- tion for Default Judgment with the Board. Thereafter, on October 17, 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 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 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 September 14, 2006, all the allegations in the complaint would be considered admitted. Further, the undisputed allegations in the Gen- eral Counsel’s motion disclose that the Region, by letter dated September 21, 2006, notified the Respondent that unless an answer was received by September 28, 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 corporation, maintained an office and principal place of business in Waupun, Wisconsin (the Respondent’s facility) and has been engaged in the business of operating an ambulance service. During the calendar year preceding issuance of the complaint, the Respondent, in conducting its business operations described above, purchased and received goods valued in excess of $50,000, directly from suppli- ers located outside the State of Wisconsin. 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 Professional EMT’s and Para- medics, a division of the International Brotherhood of Boilermakers (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, Robert Brooks has held the posi- tion of the Respondent’s chief executive officer, and has been a supervisor of the Respondent within the meaning of Section 2(11) of the Act and an agent of the Respon- dent within the meaning of Section 2(13) of the Act. The following employees of the Respondent (the unit) constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9(b) of the Act: All full-time and regular part-time Emergency Medical Technicians-Basic and Emergency Medical Techni- cians-Intermediate employed by the Employer at its 426 Main Street, Waupun, Wisconsin location, exclud- ing professional employees, confidential employees, office and clerical employees, owners, operations man- agers, office managers, dispatchers, temporary employ- ees, seasonal employees, irregular part-time employees, guards and supervisors as defined in the Act. On December 19, 2005, a representation election in Case 30–RC–6623 was conducted among the employees in the unit and, on May 11, 2006, the Union was certified as the exclusive collective-bargaining representative of the unit. At all times since December 19, 2005, based on Sec- tion 9(a) of the Act, the Union has been the exclusive collective-bargaining representative of the unit. On or about July 11, 2006, the Respondent distributed to employees a job posting for an office assistant and a job posting for a first and second shift supervisor. These job postings relate to wages, hours, and other terms and conditions of employment of the unit, and are mandatory subjects for the purposes of collective bar- gaining. The Respondent distributed these job postings to em- ployees without notice to the Union and without afford- ing the Union an opportunity to bargain with the Re- spondent with respect to this conduct and the effects of this conduct on unit employees. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 CONCLUSION OF LAW By distributing to employees job postings that relate to the wages, hours, and other terms and conditions of em- ployment of the unit employees without prior notice to the Union and without affording the Union an opportu- nity to bargain with regard to this conduct and its effects on unit employees, the Respondent has failed and refused to bargain collectively and in good faith with the repre- sentative of its employees, in violation of Section 8(a)(1) and (5) of the Act. The Respondent’s unfair labor prac- tices 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 violated Section 8(a)(1) and (5) by distributing job postings to employees on or about July 11, 2006, we shall order the Respondent to rescind the postings. In addition, we shall order the Respondent to notify the Union before distributing job postings that relate to the wages, hours, and other terms and conditions of employment of bargaining unit employees and, on request, to bargain with the Union regarding any such job postings. ORDER The National Labor Relations Board orders that the Respondent, Brooks Ambulance, Inc., Waupun, Wiscon- sin, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Distributing job postings that relate to the wages, hours, and other terms and conditions of employment of employees in the bargaining unit without giving prior notice to Professional EMT’s and Paramedics, a division of the International Brotherhood of Boilermakers as the exclusive bargaining representative of the employees, and without affording the Union an opportunity to bar- gain concerning these postings and their effects on unit employees. The appropriate unit is: All full-time and regular part-time Emergency Medical Technicians-Basic and Emergency Medical Techni- cians-Intermediate employed by the Employer at its 426 Main Street, Waupun, Wisconsin location, exclud- ing professional employees, confidential employees, office and clerical employees, owners, operations man- agers, office managers, dispatchers, temporary employ- ees, seasonal employees, irregular part-time employees, guards and supervisors as defined in the Act. (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) Rescind the job postings for an Office Assistant and for a first and second shift supervisor distributed to employees on or about July 11, 2006. (b) Before distributing job postings that relate to the wages, hours, and other terms and conditions of em- ployment of bargaining unit employees, notify the Union and, on request, bargain with it regarding such postings and their effects on unit employees. (c) Within 14 days after service by the Region, post at its facility in Waupun, Wisconsin, copies of the attached notice marked “Appendix.”1 Copies of the notice, on forms provided by the Regional Director for Region 30, after being signed by the Respondent’s authorized repre- sentative, shall be posted by the Respondent and main- tained for 60 consecutive days in conspicuous places, including all places where notices to employees are cus- tomarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. In the event that, during the pendency of these proceedings, the Re- spondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall du- plicate 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 July 11, 2006. (d) 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 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 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.” BROOKS AMBULANCE, INC. 3 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 distribute job postings that relate to the wages, hours, and other terms and conditions of em- ployment of employees in the bargaining unit without giving prior notice to Professional EMT’s and Paramed- ics, a division of the International Brotherhood of Boil- ermakers as the exclusive bargaining representative of the employees, and without affording the Union an op- portunity to bargain concerning these postings and their effects on unit employees. The appropriate unit is: All full-time and regular part-time Emergency Medical Technicians-Basic and Emergency Medical Techni- cians-Intermediate employed by us at our 426 Main Street, Waupun, Wisconsin location, excluding profes- sional employees, confidential employees, office and clerical employees, owners, operations managers, of- fice managers, dispatchers, temporary employees, sea- sonal employees, irregular part-time employees, guards and supervisors as defined in the Act. 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 rescind the job postings for an Office Assis- tant and for a first and second shift supervisor distributed to employees on or about July 11, 2006. WE WILL, before distributing job postings that relate to the wages, hours, and other terms and conditions of em- ployment of bargaining unit employees, notify the Union and, on request, bargain with it regarding such postings and their effects on unit employees. BROOKS AMBULANCE, INC.