United Here Local 7 (SSP America)

358 NLRB No. 51 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. UNITE HERE Local 7, AFL–CIO (SSP America, Inc.) and Mary Sheila Carver. Case 05–CB– 064466 June 5, 2012 DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS GRIFFIN AND BLOCK The Acting 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 Mary Sheila Carver on September 12, 2011, the Act- ing General Counsel issued the complaint and notice of hearing on December 30, 2011 against UNITE HERE Local 7, AFL–CIO, the Respondent, alleging that it has violated Section 8(b)(1)(A) of the Act. The Respondent failed to file an answer. On March 8, 2012, the Acting General Counsel filed a Motion for Default Judgment with the Board. Thereaf- ter, on March 9, 2012, 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 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 received by January 13, 2012, the Board may find, pursuant to a motion for default judgment, that the allegations in the complaint are true. Nevertheless, the Respondent failed to file an answer. In the absence of good cause being shown for the fail- ure to file an answer to the complaint, we deem the alle- gations in the complaint and notice of hearing to be ad- mitted as true, and we grant the Acting 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, SSP America, Inc., the Em- ployer, a California corporation with an office and place of business located at Baltimore-Washington Interna- tional Airport located in Baltimore, Maryland, has been engaged in the business of providing food and beverage services. During the 12-month period preceding issuance of the complaint, a representative period, the Employer, in con- ducting its business operations described above, received goods valued in excess of $50,000 from points located directly outside the State of Maryland. We find that SSP America, Inc. is an employer en- gaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act and that UNITE HERE Local 7, AFL–CIO, the Respondent, 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 have 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: Emilio Abate Lead Organizer Patrick Griffin Organizer At all material times, by Section 9(a) of the Act, the Respondent has been the exclusive collective-bargaining representative of the following employees of the Em- ployer (the unit): All regular full-time and part-time employees em- ployed by the Employer in its food, beverage, service, and merchandise operations at Baltimore-Washington International Airport, including: Bartender I, Bartender II, Bar Back, Cashier, Cook, Baker, Fast Food Cook, Grill/Fry Cook, Driver, Food Preparer, Host, Lead Worker, Maintenance I, Maintenance II, Retail Sales Associate, Server, Snack Bar Attendant, Utility, and Busser; excluding all office clerical workers, profes- sional employees, guards, and supervisors as defined in the Act. At all material times, the Respondent and the Em- ployer have maintained and enforced a collective- bargaining agreement, the most recent of which is effec- tive from February 22, 2010 to February 21, 2012, and which sets forth the terms and conditions of employment for the unit. On about August 8, 2011, at the Respondent’s Balti- more office, Carver requested from Respondent agent Patrick Griffin a copy of the effective collective- bargaining agreement between the Respondent and the Employer. The Respondent did not provide Carver with DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 a copy of the effective collective-bargaining agreement at that time. On about August 31, 2011, by telephone, Carver re- quested from Respondent Agent Patrick Griffin a copy of the effective collective-bargaining agreement between the Respondent and the Employer. The Respondent did not provide Carver with a copy of the effective collec- tive-bargaining agreement at that time. The Respondent failed and/or refused to provide Carver with the requested copy of the effective collec- tive-bargaining agreement until October 12, 2011. CONCLUSION OF LAW By the conduct described above, the Respondent has been restraining and coercing employees in the exercise of the rights guaranteed in Section 7 of the Act, in viola- tion of Section 8(b)(1)(A) of the Act. The Respondent’s unfair labor practices affect commerce within the mean- ing 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 we shall order the Respondent to post a notice to members. ORDER The National Labor Relations Board orders that the Respondent, UNITE HERE Local 7, AFL–CIO, Balti- more, Maryland, its officers, agents, and representatives, shall 1. Cease and desist from (a) Failing promptly to comply with employees’ re- quests for a copy of the effective collective-bargaining agreement with the Employer. (b) In any like or related manner restraining or coerc- ing 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 after service by the Region, post at its Baltimore, Maryland, facility 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 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 and 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.” members are customarily posted. In addition to physical posting of paper notices, notices shall be distributed elec- tronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Re- spondent customarily communicates with its members by such means. Reasonable steps shall be taken by the Re- spondent to ensure that the notices are not altered, de- faced or covered by any other material. (b) Within 14 days after service by the Region, deliver to the Regional Director for Region 5 signed copies of the notice in sufficient number for posting by the Em- ployer at its facility located at Baltimore-Washington International Airport, if it wishes, in all places where notices to employees are customarily posted. (c) Within 21 days after service by the Region, file with the Regional Director for Region 5 a sworn certifi- cation of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C. June 5, 2012 Mark Gaston Pearce, Chairman Richard F. Griffin, Jr., Member Sharon Block, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO MEMBERS 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 on your behalf with your employer Act together with other employees for your bene- fit and protection UNITED HERE LOCAL 7 (SSP AMERICA) 3 Choose not to engage in any of these protected activities. WE WILL NOT fail and refuse, upon request, promptly to provide you with a copy of our collective-bargaining agreement with the Employer. WE WILL NOT in any like or related manner, restrain or coerce you in the exercise of the rights listed above. UNITE HERE LOCAL 7, AFL–CIO