Ortbals Enterprises d/b/a Bemboom Heating and Cooling LLC and Bemboom Heating and Cooling Residentia

360 NLRB No. 139 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. Ortbals Enterprises d/b/a Bemboom Heating and Cooling LLC and Bemboom Heating and Cool- ing Residential Services LLC, Alter Egos and a Single Employer and Local 36, Sheet Metal Workers International Association, AFL–CIO, Affiliated with Sheet Metal Workers Interna- tional Association. Case 14–CA–112848 July 9, 2014 DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA AND SCHIFFER The General Counsel seeks a default judgment in this case on the ground that the Respondent has withdrawn its answer to the complaint. Upon a charge filed by Local 36, Sheet Metal Workers International Association, AFL–CIO, affiliated with Sheet Metal Workers Interna- tional Association (the Union) on September 9, 2013, the General Counsel issued a complaint on November 25, 2013, against Ortbals Enterprises d/b/a Bemboom Heat- ing and Cooling LLC (Respondent Bemboom) and Bemboom Heating and Cooling Residential Services LLC (Respondent Bemboom Residential), alter egos and a single employer (collectively, the Respondent) alleging that it has violated Section 8(a)(5) and (1) of the National Labor Relations Act. The Respondent filed an answer to the complaint. However, on March 12, 2014, the Re- spondent withdrew its answer. On March 19, 2014, the General Counsel filed a Mo- tion for Default Judgment with the Board. On March 20, 2014, the Board issued an order transferring the proceed- ing 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 received by December 9, 2013, the Board may find, pursuant to a motion for de- fault judgment, that the allegations in the complaint are true. Although the Respondent filed an answer on De- cember 9, 2013, it subsequently withdrew its answer on March 12, 2014. Such a withdrawal of an answer has the same effect as a failure to file an answer, i.e., the allega- tions in the complaint must be considered to be true.1 Accordingly, we grant the General Counsel’s Motion for Default Judgment. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, Respondent Bemboom has been a limited liability company with an office and place of business in Jefferson City, Missouri (Respondent Bemboom’s facility), and has been engaged in the sale, installation, and service of commercial and residential heating and air conditioning systems. Since about March or April 2013, when it commenced operations, Respondent Bemboom Residential has been a limited liability company with an office and place of business in Russellville, Missouri (Respondent Bemboom Residential’s facility), and has been engaged in the sale, installation, and service of commercial and residential heating and air conditioning systems. At all material times, Respondent Bemboom and Re- spondent Bemboom Residential have had substantially identical management, business purposes, operations, equipment, customers, supervision, and ownership. About October 2012, Respondent Bemboom Residen- tial was established by Respondent Bemboom, and about March or April 2013 Respondent Bemboom Residential began business operations as a disguised continuation of Respondent Bemboom. Respondent Bemboom established Respondent Bemboom Residential, as described above, for the pur- pose of evading its responsibilities under the Act. At all material times, Respondent Bemboom and Re- spondent Bemboom Residential have been affiliated business enterprises with common officers, ownership, directors, management, and supervision; have formulated and administered a common labor policy; have shared common premises and facilities; have provided services for and made sales to each other; have interchanged per- sonnel with each other; have interrelated operations with common insurance, purchasing, and sales; and have held themselves out to the public as a single-integrated busi- ness enterprise. Based on the operations and conduct described above, Respondent Bemboom and Respondent Bemboom Resi- dential are, and have been at all material times, alter egos and a single employer within the meaning of the Act. 1 See Maislin Transport, 274 NLRB 529 (1985). 2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD At all material times the Respondent, with business addresses at 5703 Business 50 West, Jefferson City, Mis- souri, and 35803 Bottom Road, Russellville, Missouri 65074, has been engaged in the construction industry as a heating and air conditioning contractor engaged in the commercial and residential sale, installation, and service of heating and air conditioning systems. During the 12-month period ending March 9, 2013, the Respondent, in conducting its business operations de- scribed above, provided services valued in excess of $50,000 within the State of Missouri for enterprises that are directly engaged in interstate commerce including, but not limited to, Ingersoll Rand, T. J. Maxx, Quik- Cash, Brinco Mechanical, Kress Building, Jump Oil, Habitat for Humanity, and to various governmental enti- ties. In conducting its operations during the 12-month peri- od ending March 9, 2013, the Respondent purchased and received at its Missouri facilities and at its jobsites locat- ed in Missouri, goods valued in excess of $50,000 from other enterprises, including Crescent Supply, Johnstone Supply, Riback Supply, and Winair Supply, located with- in the State of Missouri, each of which other enterprises had received these goods directly from points outside the State of Missouri. 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: Andrew Ortbals— Owner and Manager of Respondent Bemboom, Organizer and Manager of Respondent Bemboom Residential Michelle Ortbals— Owner and Manager of Respondent Bemboom Residential, Organizer and Manager of Respondent Bemboom The following employees of the Respondent, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9(b) of the Act (the unit): All full-time and regular part-time employees of Re- spondent engaged in the sale, installation and service of commercial and residential heating and air conditioning systems, including employees engaged in the: a) manu- facture, fabrication, assembling, handling, erection, in- stallation, dismantling, conditioning, adjustment, altera- tion, repairing, and servicing of all ferrous and nonfer- rous metal work and all other materials used in lieu thereof and of all HVAC systems, air-veyor systems, exhaust systems and air-handling systems regardless of material used, including the setting of all equipment and all reinforcements in connection therewith; (b) all lagging over insulation and all duct lining; (c) testing and balancing of all air-handling equipment and duct- work; (d) the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; and (e) all other work included in the jurisdic- tion of Sheet Metal Workers’ International Association. About September 1, 2010, the Respondent, an employ- er engaged in the building and construction industry, entered into a collective-bargaining agreement effective from September 1, 2010 to June 30, 2011, whereby it recognized the Union as the limited exclusive collective- bargaining representative of the unit without regard to whether the Union’s majority status had ever been estab- lished under Section 9(a) of the Act.2 Such recognition has been embodied in successive collective-bargaining agreements, the most recent of which was signed about July 7, 2011 and is effective until June 30, 2016 (the 2011–2016 agreement). At all material times, including from July 7, 2011 until June 30, 2016, based on Section 9(a) of the Act, the Un- ion has been the limited exclusive collective-bargaining representative of the unit. Since about March 9, 2013, the Respondent failed to continue in effect all the terms and conditions of the 2011–2016 agreement by failing to make contributions for unit employees’ health and welfare benefits, pen- sions, and other contractually required benefit funds. Since about March 2013, the Respondent has refused to recognize the Union as the limited exclusive collec- tive-bargaining representative of unit employees em- ployed by Respondent Bemboom Residential and has 2 The complaint alleges that the Respondent is a construction indus- try employer and that it granted recognition to the Union without regard to whether the Union had established majority status. Accordingly, we find that the relationship was entered into pursuant to Sec. 8(f) of the Act and that the Union is therefore the limited 9(a) representative of the unit employees for the period covered by the contract. See, e.g., A.S.B. Cloture, Ltd., 313 NLRB 1012 fn. 2 (1994), citing Electri-Tech, Inc., 306 NLRB 707 fn. 2 (1992), and John Deklewa & Sons, 282 NLRB 1375 (1987), enfd sub nom. Iron Workers Local 3 v. NLRB, 843 F.2d 770 (3d Cir. 1988). 3 BEMBOOM HEATING & COOLING LLC failed and refused to adhere to and apply the terms and conditions of the 2011–2016 agreement to unit employ- ees employed by Respondent Bemboom Residential, by, including, but not limited to, repudiating the contractual wage rates, health and welfare benefits, pension benefits, and fringe benefit reporting and payment provisions, exclusive job hiring hall provisions, and other terms and conditions of employment set forth in the 2011–2016 agreement. Since about March 2013, the Respondent has used Re- spondent Bemboom Residential to evade the terms of the 2011–2016 agreement by transferring unit work from Respondent Bemboom to Respondent Bemboom Resi- dential. The subjects set forth above relate to wages, benefits, and other terms and conditions of employment of the unit and are mandatory subjects for the purpose of collective bargaining. The Respondent engaged in the conduct described above without the Union’s consent. Since about August 26, 2013, the Union has requested in writing that the Respondent provide payroll infor- mation, and permit an audit of the Respondent’s payroll and employment records for the period of January 1, 2013 to the present to ensure the Respondent’s compli- ance with the wage rates, fringe benefits contribution requirements, and other terms of the 2011–2016 agree- ment. The information requested by the Union, as described above, is necessary for, and relevant to, the Union’s per- formance of its duties as the limited exclusive collective- bargaining representative of the unit. Since about Au- gust 26, 2013, the Respondent has failed and refused to furnish the Union with the information requested by it as described above. CONCLUSION OF LAW By the conduct described above, the Respondent has been failing and refusing to bargain collectively and in good faith with the limited exclusive collective- bargaining representative of its employees within the meaning of Section 8(d) of the Act and in violation of Section 8(a)(5) and (1) 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, having found that the Respondent has violated Section 8(a)(5) and (1) by failing and refusing to bargain with the Union as the collective-bargaining representative of the unit employees by failing to continue in effect, adhere to, and apply the terms and conditions of the 2011–2016 agree- ment, and by transferring unit work from Respondent Bemboom to Respondent Bemboom Residential in order to evade the terms of the 2011–2016 agreement, we shall order the Respondent to bargain with the Union as the limited exclusive collective-bargaining representative of the employees in the unit, and to honor the 2011–2016 agreement. In particular, having found that the Respondent has failed, since about March 9, 2013, to continue in effect all the terms and conditions of the 2011–2016 agreement by failing to make contributions for unit employees’ health and welfare benefits, pensions, and other contrac- tually required benefit funds, we shall order the Re- spondent to make all contractually required contributions to the funds that have not been made, including any addi- tional amounts due the funds, as set forth in Merryweather Optical Co., 240 NLRB 1213, 1216 fn. 7 (1979).3 Further, the Respondents shall reimburse unit employees for any expenses ensuing from their failure to make any required contributions, as set forth in Kraft Plumbing & Heating, 252 NLRB 891, 891 fn. 2 (1980), enfd. mem. 661 F.2d 940 (9th Cir. 1981),4 such amounts to be computed in the manner set forth in Ogle Protec- tion Service, 183 NLRB 682 (1970), enfd. 444 F.2d 502 (6th Cir. 1971), with interest as prescribed in New Hori- zons for the Retarded, 283 NLRB 1171 (1987), com- pounded daily as prescribed in Kentucky River Medical Center, 356 NLRB No. 8 (2010). We shall also order the Respondent to recognize the Union as the limited exclusive collective-bargaining rep- 3 The complaint alleges, among other things, that: (1) the Respond- ent violated Sec. 8(a)(5) and (1) by failing to pay contractually required benefit funds specified in the parties’ collective-bargaining agreement; and (2) those fund contributions are “terms and conditions of employ- ment of the unit and are mandatory subjects for the purpose of collec- tive bargaining for the purpose of collective bargaining.” By withdraw- ing its answer to the complaint, the Respondent admitted those allega- tions. Accordingly, we have found that the Respondent violated the Act in that manner. We note, however, that the complaint did not spec- ify the nature of all the benefit funds to which contributions are made. Our order, therefore, directs the Respondent to make employees whole with respect to those benefits, but does not foreclose the Respondent, at the compliance stage of this proceeding, from showing that there are some contractual fringe benefits that are permissive subjects of bargain- ing and hence not covered by our Order. See, e.g., Joe’s Painting, 355 NLRB No. 214, slip op. at 3 fn. 4 (2010); Finger Lakes Plumbing & Heating Co., 254 NLRB 1399, 1399 (1981). 4 To the extent an employee has made personal contributions to a fund that are accepted by the fund in lieu of the Respondents’ delin- quent contributions during the period of the delinquency, the Respond- ents will reimburse the employee, but the amount of such reimburse- ment will constitute a set off to the amount that the Respondents other- wise owes to the fund. 4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD resentative of the unit employees employed by Respond- ent Bemboom Residential and to adhere to and apply the terms and conditions of the 2011–2016 agreement to the unit employees, including, but not limited to, the contrac- tual wage rates, health and welfare benefits, pension ben- efits, fringe benefit reporting and payment provisions, exclusive job hiring hall provisions, and other terms and conditions of employment. The Respondent shall make the unit employees whole for any loss of earnings and other benefits they may have suffered as a result of the Respondent’s failure to adhere to and apply the terms of the 2011–2016 agreement to the unit employees of Re- spondent Bemboom Residential. Such amounts shall be computed in accordance with Ogle Protection Service, supra, with interest as prescribed in New Horizons for the Retarded, supra, compounded daily as prescribed in Kentucky River Medical Center, supra. Further, we shall order the Respondent to make the unit employees whole for any loss of earnings and other benefits they may have suffered as a result of the Re- spondent’s transfer of unit work from Respondent Bemboom to Respondent Bemboom Residential, such amounts to be computed in the manner set forth in Ogle Protection Service, supra, with interest as prescribed in New Horizons for the Retarded, supra, compounded dai- ly as prescribed in Kentucky River Medical Center, su- pra. We shall further order the Respondent to compensate the unit employees for the adverse tax consequences, if any, of receiving lump-sum backpay awards, and to file a report with the Social Security Administration allocating the backpay awards to the appropriate calendar quarters. Finally, having found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to provide the Union with information that is necessary and relevant to its role as the limited exclusive collective-bargaining representative of the unit employees, we shall order the Respondents to furnish the Union with the information it requested in writing on August 26, 2013.5 ORDER The National Labor Relations Board orders that the Respondent, Ortbals Enterprises d/b/a Bemboom Heating and Cooling LLC and Bemboom Heating and Cooling Residential Services LLC, alter egos and a single em- 5 The General Counsel has additionally requested that a responsible management official be required to read the notice to employees. We deny the request because the General Counsel has not shown that the Board’s traditional remedies are insufficient to remedy the violations committed by the Respondent. See Bruce Packing Co., 357 NLRB No. 93, slip op. at 1 fn. 4 (2011); First Legal Support Services, LLC, 342 NLRB 350, 350 fn. 6 (2004). ployer, Jefferson City and Russellville, Missouri, its of- ficers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing and refusing to bargain with Local 36, Sheet Metal Workers International Association, AFL– CIO, affiliated with Sheet Metal Workers International Association, as the limited exclusive collective- bargaining representative of the unit employees during the term of the parties’ Agreement, effective July 7, 2011 until June 30, 2016 by failing to continue in effect, ad- here to, and apply the terms and conditions of the 2011– 2016 agreement, and by transferring unit work from Re- spondent Bemboom to Respondent Bemboom Residen- tial in order to evade the terms of the 2011–2016 agree- ment. The unit is: All full-time and regular part-time employees of Re- spondent engaged in the sale, installation and service of commercial and residential heating and air conditioning systems, including employees engaged in the: (a) man- ufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, al- teration, repairing, and servicing of all ferrous and non- ferrous metal work and all other materials used in lieu thereof and of all HVAC systems, air-veyor systems, exhaust systems and air-handling systems regardless of material used, including the setting of all equipment and all reinforcements in connection therewith; (b) all lagging over insulation and all duct lining; (c) testing and balancing of all air-handling equipment and duct- work; (d) the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; and (e) all other work included in the jurisdic- tion of Sheet Metal Workers’ International Association. (b) Failing and refusing to continue in effect all the terms and conditions of the 2011–2016 agreement by failing to make contributions for unit employees’ health and welfare benefits, pensions, and other contractually required benefit funds and by transferring unit work from Respondent Bemboom to Respondent Bemboom Resi- dential in order to evade the terms of the 2011–2016 agreement. (c) Failing and refusing to recognize the Union as the limited exclusive collective-bargaining representative of the unit employees employed by Respondent Bemboom Residential and failing and refusing to adhere to apply the terms and conditions of the 2011–2016 agreement to those employees, including but not limited to the con- tractual wage rates, health and welfare benefits, pension benefits, and fringe benefit reporting and payment provi- 5 BEMBOOM HEATING & COOLING LLC sions, exclusive job hiring hall provisions, and other terms and conditions of employment set forth in the 2011–2016 agreement. (d) Failing and refusing to furnish the Union with in- formation that is relevant and necessary to its role as the limited exclusive collective-bargaining representative of the unit employees. (e) 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) On request, bargain in good faith with Local 36, Sheet Metal Workers International Association, AFL– CIO, affiliated with Sheet Metal Workers International Association as the limited exclusive collective- bargaining representative of the unit employees during the term of the parties’ agreement, effective July 7, 2011 until June 30, 2016 and continue in effect, adhere to, and apply the terms and conditions of the 2011–2016 agree- ment to the unit employees. (b) Make all contractually required contributions to the unit employees’ health and welfare benefits, pensions, and other contractually required benefit funds that have not been made since March 9, 2013, including any addi- tional amounts due the funds, as set forth in the remedy section of this decision. (c) Reimburse unit employees for any expenses ensu- ing from the Respondent’s failure to make the required payments to the funds, with interest, in the manner set forth in the remedy section of this decision. (d) Make the unit employees whole for any loss of earnings and other benefits they may have suffered as a result of the Respondent’s unlawful transfer of unit work from Respondent Bemboom to Respondent Bemboom Residential, with interest, in the manner set forth in the remedy section of this decision. (e) Recognize the Union as the limited exclusive col- lective-bargaining representative of the unit employees employed by Respondent Bemboom Residential during the term of the parties’ agreement, effective July 7, 2011 until June 30, 2016 and adhere to and apply the terms of the 2011–2016 agreement to the unit employees includ- ing, but not limited to, the contractual wage rates, health and welfare benefits, pension benefits, fringe benefit reporting and payment provisions, exclusive job hiring hall provisions, and other terms and conditions of em- ployment. (f) Make the unit employees whole for any loss of earnings or other benefits they may have suffered as a result of the Respondent’s failure to adhere to and apply the terms of the 2011–2016 agreement to the unit em- ployees of Respondent Bemboom Residential, with in- terest, in the manner set forth in the remedy section of this decision. (g) Compensate the unit employees for the adverse tax consequences, if any, of receiving lump-sum backpay awards, and file a report with the Social Security Admin- istration allocating the backpay awards to the appropriate calendar quarters. (h) Furnish the Union with the information it requested on August 26, 2013. (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- nated by the Board or its agents, all payroll records, so- cial security payment records, timecards, personnel rec- ords and reports, and all other records, timecards, per- sonnel records and reports, and all other records, includ- ing an electronic copy of such records if stored in elec- tronic 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 facilities in Jefferson City and Russellville, Missouri, copies of the attached notice marked “Appendix.”6 Cop- ies of the notice, on forms provided by the Regional Di- rector for Region 14, after being signed by the Respond- ent’s authorized 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. In addition to physi- cal posting of paper notices, notices shall be distributed electronically, 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 employees by such means. 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 and former unit employees employed by the Respondent at any time since about March 2013. (k) Within 21 days after service by the Region, file with the Regional Director for Region 14 a sworn certifi- cation of a responsible official on a form provided by the 6 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.” 6 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Region attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C. July 9, 2014 ______________________________________ Mark Gaston Pearce, Chairman ______________________________________ Philip A. Miscimarra, Member ______________________________________ Nancy Schiffer, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 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 be- half Act together with other employees for your benefit and protection Choose not to engage in any of these protected activi- ties. WE WILL NOT fail and refuse to bargain with Local 36, Sheet Metal Workers International Association, AFL– CIO, affiliated with Sheet Metal Workers International Association (the Union) as the limited exclusive collec- tive-bargaining representative of our employees in the following unit during the term of our 2011–2016 agree- ment with the Union by failing to continue in effect, ad- here to, and apply the terms and conditions of the 2011– 2016 agreement, and by transferring unit work from Re- spondent Bemboom to Respondent Bemboom Residen- tial in order to evade the terms of the 2011–2016 agree- ment. The unit is: All full-time and regular part-time employees of Re- spondent engaged in the sale, installation and service of commercial and residential heating and air conditioning systems, including employees engaged in the: (a) man- ufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, al- teration, repairing, and servicing of all ferrous and non- ferrous metal work and all other materials used in lieu thereof and of all HVAC systems, air-veyor systems, exhaust systems and air-handling systems regardless of material used, including the setting of all equipment and all reinforcements in connection therewith; (b) all lagging over insulation and all duct lining; (c) testing and balancing of all air-handling equipment and duct- work; (d) the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; and (e) all other work included in the jurisdic- tion of Sheet Metal Workers’ International Association. WE WILL NOT fail and refuse to continue in effect, all the terms and conditions of the 2011–2016 agreement by failing to make contributions for unit employees’ health and welfare benefits, pensions, and other contractually required benefit funds and by transferring unit work from Respondent Bemboom to Respondent Bemboom Resi- dential in order to evade the terms of the 2011–2016 agreement. WE WILL NOT fail and refuse to recognize the Union as the limited exclusive collective-bargaining representative of the unit employees employed by Respondent Bemboom Residential and WE WILL NOT fail and refuse to adhere to and apply the terms and conditions of the 2011–2016 agreement to those employees, including but not limited to the contractual wage rates, health and wel- fare benefits, pension benefits, and fringe benefit report- ing and payment provisions, exclusive job hiring hall provisions, and other terms and conditions of employ- ment set forth in the 2011–2016 agreement. WE WILL NOT fail and refuse to furnish the Union with information that is relevant and necessary to its role as the limited exclusive collective-bargaining representative of the unit employees. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above. WE WILL, on request, bargain in good faith with Local 36, Sheet Metal Workers International Association, AFL–CIO, affiliated with Sheet Metal Workers Interna- tional Association as the limited exclusive collective- bargaining representative of the unit employees during the term of our 2011–2016 agreement with the Union, and WE WILL continue in effect, adhere to, and apply the terms and conditions of the 2011–2016 agreement to the unit employees. WE WILL make all contractually required contributions to the unit employees’ health and welfare benefits, pen- sions, and other contractually required benefit funds that 7 BEMBOOM HEATING & COOLING LLC have not been made since March 9, 2013, including any additional amounts due the funds, and WE WILL reim- burse unit employees for any expenses ensuing from our failure to make the required payments, with interest. WE WILL make our unit employees whole for any loss of earnings or other benefits they may have suffered as a result of our transfer of unit work from Respondent Bemboom to Respondent Bemboom Residential, with interest. WE WILL recognize the Union as the limited exclusive collective-bargaining representative of the unit employ- ees employed by Respondent Bemboom Residential dur- ing the term of our 2011–2016 agreement with the Union and WE WILL adhere to and apply the terms of the 2011– 2016 agreement to the unit employees including, but not limited to, the contractual wage rates, health and welfare benefits, pension benefits, fringe benefit reporting and payment provisions, exclusive job hiring hall provisions, and other terms and conditions of employment. WE WILL make our unit employees whole for any loss of earnings or other benefits they may have suffered as a result of our failure to adhere to and apply the terms of the 2011–2016 agreement to the unit employees of Re- spondent Bemboom Residential, with interest. WE WILL compensate our unit employees for the ad- verse tax consequences, if any, of receiving lump-sum backpay awards, and WE WILL file a report with the So- cial Security Administration allocating the backpay award to the appropriate calendar quarters. WE WILL furnish the Union with the information it re- quested on August 26, 2013. ORTBALS ENTERPRISES D/B/A BEMBOOM HEATING AND COOLING LLC AND BEMBOOM HEATING AND COOLING RESIDENTIAL SERVICES LLC, ALTER EGOS AND A SINGLE EMPLOYER The Board’s decision can be found at www.nlrb.gov/case/14-CA-112848 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Relations Board, 1099 14th Street, N.W., Washington, D.C. 20570, or by calling (202) 273-1940.