South Central Electrical and Maintenance Company

361 NLRB No. 69 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive 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. South Central Electrical and Maintenance Compa- ny and International Association of Machinists & Aerospace Workers, AFL–CIO, Local Lodge 845. Case 28–CA–132388 October 22, 2014 DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS JOHNSON AND SCHIFFER 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 International Association of Machinists & Aero- space Workers, AFL–CIO, Local Lodge 845, the Un- ion, on July 9, 2014, the General Counsel issued the complaint on July 23, 2014, against South Central Electrical and Maintenance Company, the Respondent, alleging that it has violated Section 8(a)(5) and (1) of the Act. The Respondent failed to file an answer. On August 14, 2014, the General Counsel filed a Motion for Default Judgment with the Board. Thereaf- ter, on August 18, 2014, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted.1 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 pan- el. 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 stat- ed that unless an answer was filed by August 6, 2014, the Board may find, pursuant to a motion for default judgment, that the allegations in the complaint are true. Further, the undisputed allegations in the General Counsel’s motion disclose that the Region, by letter dated August 7, 2014, notified the Respondent that unless an answer were received by August 13, 2014, a motion for default judgment would be filed. Neverthe- less, the Respondent failed to file an answer. 1 On August 19, 2014, the Board issued an Order correcting the show cause response date to September 2, 2014. In the absence of good cause being shown for the failure to file an answer, we deem the allegations in the complaint to be admitted as true, and 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, the Respondent has been a corporation with an office and place of business at the Nellis Air Force Base in the State of Nevada, where it has been engaged in providing transient alert services. In conducting its operations during the 12-month peri- od ending July 9, 2014, the Respondent provided tran- sient alert services at the Nellis Air Force Base in the State of Nevada, to the United States valued in excess of $500,000 and has had a substantial impact on the national defense of the United States. In conducting its operations during the 12-month pe- riod ending July 9, 2014, the Respondent performed services valued in excess of $50,000 in States other than the State of Nevada. 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 organ- ization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES At all material times, Jesse Samuel has held the po- sition of president of the Respondent and has been a supervisor of the Respondent within the meaning of Section 2(11) of the Act and an agent of the Respond- ent 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 collective bargaining within the meaning of Section 9(b) of the Act: All regular full-time and part-time aircraft servicers employed by Respondent at the Nellis Air Force Base, excluding all other employees, guards and su- pervisors as defined in the Act. On March 17, 2014, the Union was certified as the exclusive collective-bargaining representative of the unit. At all times since March 17, 2014, based on Section 9(a) of the Act, the Union has been the exclusive col- lective-bargaining representative of the unit. About March 28 and June 10, 2014, by letters, and about June 11, 2014, by email, the Union requested that the Respondent bargain collectively with the Un- 2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD ion as the exclusive collective-bargaining representa- tive of the unit. Since about March 28, 2014, the Respondent has failed and refused to bargain with the Union as the exclusive collective-bargaining representative of the unit. Since about March 28 and June 10, 2014, by letters, and since about June 11, 2014, by email, the Union has requested that the Respondent furnish it with the in- formation contained in the letter attached to the com- plaint as Exhibit 1.2 The information requested by the Union is necessary for, and relevant to, the Union’s performance of its duties as the exclusive collective-bargaining repre- sentative of the unit. Since about March 28, 2014, the Respondent has failed and refused to furnish the Union with the re- quested information. CONCLUSION OF LAW By the acts and conduct described above, the Re- spondent has been failing and refusing to bargain col- lectively with the exclusive collective-bargaining rep- resentative of its employees within the meaning of Section 8(d) of the Act in violation of Section 8(a)(5) 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 certain unfair labor practices, we shall order it to cease and desist and to take certain affirmative action de- signed to effectuate the policies of the Act. Specifical- ly, having found that the Respondent has violated Sec- tion 8(a)(5) and (1) of the Act by failing and refusing since about March 28, 2014, to bargain with the Union and provide it with requested information, we shall order the Respondent, on request, to meet and bargain with the Union as the exclusive collective-bargaining representative of the unit employees and, if an under- standing is reached, to embody the understanding in a signed agreement. We shall also order the Respondent to furnish the Union with the information requested since March 28, 2014. To ensure that the employees are accorded the ser- vices of their selected bargaining agent for the period provided by law, we shall construe the initial period of the certification as beginning the date the Respondent begins to bargain in good faith with the Union. Mar- 2 The Union’s request for information is incorporated into this Decision and Order as “Appendix B.” Jac Poultry Co., 136 NLRB 785 (1962); accord: Bur- nett Construction Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965); Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817 (1964). ORDER The National Labor Relations Board orders that the Respondent, South Central Electrical and Maintenance Company, Houston, Texas and Las Vegas Nevada, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing and refusing to recognize and bargain with International Association of Machinists & Aero- space Workers, AFL–CIO, Local Lodge 845, as the exclusive collective-bargaining representative of the employees in the bargaining unit. (b) Failing and refusing to furnish the Union with requested information that is relevant and necessary to the Union’s performance of its duties as the exclusive collective-bargaining representative of the unit em- ployees. (c) In any like or related manner interfering with, restraining, 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 with the Union as the exclu- sive collective-bargaining representative of the em- ployees in the following appropriate unit concerning terms and conditions of employment and, if an under- standing is reached, embody the understanding in a signed agreement: All regular full-time and part-time aircraft servicers employed by Respondent at the Nellis Air Force Base, excluding all other employees, guards and su- pervisors as defined in the Act. (b) Furnish to the Union in a timely manner the in- formation requested by the Union on March 28, June 10, and June 11, 2014. (c) Within 14 days after service by the Region, post at its facility located at Nellis Air Force Base in the State of Nevada, copies of the attached notice marked “Appendix A.”3 Copies of the notice, on forms pro- vided by the Regional Director for Region 28, after being signed by the Respondent’s authorized repre- 3 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 National Labor Relations Board” shall read “Posted Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” SOUTH CENTRAL ELECTRICAL & MAINTENANCE CO. 3 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 customarily posted. In addition to physical posting of paper notices, notices shall be distributed electronical- ly, such as by email, posting on an intranet or an inter- net site, and/or other electronic means, if the Respond- ent 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. If the Re- spondent 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 employees and former employees employed by the Respondent at any time since March 28, 2014. (d) Within 21 days after service by the Region, file with the Regional Director for Region 28 a sworn cer- tification of a responsible official on a form provided by the Region attesting to the steps that the Respond- ent has taken to comply. Dated, Washington, D.C. October 22, 2014 _____________________________________ Mark Gaston Pearce, Chairman _____________________________________ Harry I. Johnson, III, 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 behalf Act together with other employees for your benefit and protection Choose not to engage in any of these protected activities. WE WILL NOT fail and refuse to recognize and bar- gain with International Association of Machinists & Aerospace Workers, AFL–CIO, Local Lodge 845, as the exclusive collective-bargaining representative of our employees in the bargaining unit. WE WILL NOT fail and refuse to furnish the Union with requested information that is relevant and neces- sary to the Union’s performance of its duties as the exclusive collective-bargaining representative of our 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 with the Union as the exclusive collective-bargaining representative of the employees in the following appropriate unit concern- ing terms and conditions of employment and, if an understanding is reached, embody the understanding in a signed agreement: All regular full-time and part-time aircraft servicers employed by us at the Nellis Air Force Base, exclud- ing all other employees, guards and supervisors as defined in the Act. WE WILL furnish to the Union in a timely manner the information it requested on March 28, June 10, and June 11, 2014. SOUTH CENTRAL ELECTRICAL AND MAINTENANCE COMPANY The Board’s decision can be found at www.nlrb.gov/case/28–CA–132388 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. 4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD APPENDIX B SOUTH CENTRAL ELECTRICAL & MAINTENANCE CO. 5 6 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD SOUTH CENTRAL ELECTRICAL & MAINTENANCE CO. 7 8 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD SOUTH CENTRAL ELECTRICAL & MAINTENANCE CO. 9