Brown & Pipkins, LLC d/b/a Acsential

361 NLRB No. 105 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. Brown & Pipkins, LLC d/b/a Acsential and Service Employees International Union, Local 32 BJ. Case 05–CA–130620 December 2, 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 and amended charge filed by Service Employees International Union, Local 32 BJ (the Union) on June 10 and 16, 2014, re- spectively, the General Counsel issued the complaint on August 6, 2014, against Brown & Pipkins, LLC d/b/a Acsential, the Respondent, alleging that it has violated Section 8(a)(5) and (1) of the Act. The Respondent failed to file an answer. On September 16, 2014, the General Counsel filed a Motion for Default Judgment with the Board. Thereaf- ter, on September 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. 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 August 20, 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 Coun- sel’s motion disclose that the Region, by letter dated Au- gust 28, 2014, notified the Respondent that unless an answer was received by September 11, 2014, a motion for default judgment would be filed. Nevertheless, the Respondent failed to file an answer. In the absence of good cause being shown for the fail- ure to file an answer, we deem the allegations in the complaint to be admitted as true, and we grant the Gen- eral 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, a Georgia lim- ited liability company with an office and place of busi- ness in Ft. Belvoir, Virginia (the Respondent’s facility), has been engaged in providing custodial and cleaning services to the United States Government. During the 12 months preceding issuance of the complaint, a repre- sentative period, the Respondent, in conducting its busi- ness operations described above, has provided services to the United States Government in excess of $50,000. 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 have 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: George Brown Project Manager Courtney Collins Owner Deidre Brown Collins President and Owner Annette Pipkins Human Resources Manager and Owner 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 part-time janitorial employees (in- cluding lead janitors, if utilized, and probationary em- ployees) employed by the Respondent at the Ft. Belvoir location in Virginia. At all times since September 4, 2012, and at all mate- rial times, the Respondent has recognized the Union as the exclusive collective-bargaining representative of the unit. This recognition has been embodied in a collective- bargaining agreement, which was effective from Sep- tember 4, 2012 to August 1, 2014. At all times since September 4, 2012, based on Section 9(a) of the Act, the Union has been the exclusive collective-bargaining rep- resentative of the unit. Since about April 11, 2014, the Union requested that the Respondent meet for the purposes of negotiating a successor collective-bargaining agreement with respect to wages, hours, and other terms and conditions of em- DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 ployment. Since about April 11, 2014, the Respondent has refused to meet and bargain, including by refusing to meet on reasonable dates and at reasonable times, and to meet for in-person negotiations. CONCLUSION OF LAW By the conduct described above, the Respondent has been failing and refusing to bargain collectively and in good faith with the exclusive collective-bargaining repre- sentative 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 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)(5) and (1) by, since about April 11, 2014, refusing to meet and bargain with the Union, including by refusing to meet on reasonable dates and at reasonable times, and to meet for in-person negotiations, we shall order the Re- spondent, on request, to meet and bargain in good faith with the Union as the exclusive collective-bargaining representative of the unit and, if an understanding is reached, to embody the understanding in a signed agree- ment.1 ORDER The National Labor Relations Board orders that the Respondent, Brown & Pipkins, LLC d/b/a Acsential, Fort Belvoir, Virginia, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Failing and refusing to meet and bargain collec- tively and in good faith with Service Employees Interna- tional Union, Local 32 BJ as the exclusive collective- bargaining representative of the employees in the follow- ing appropriate unit: 1 Member Schiffer observes that, to remedy the Respondent’s unlaw- ful failure to meet and bargain with the Union on reasonable dates and at reasonable times, the complaint sought additional remedies requiring the Respondent to: (1) bargain on request within 15 days of a Board Order; (2) bargain on request for a minimum of 15 hours per week until the parties reached an agreement, impasse, or agreed otherwise; (3) prepare and submit to the Region and the Union written bargaining progress reports every 15 days; and (4) make whole employee negotia- tors for earnings lost while attending bargaining sessions. She would have granted these additional remedies had they been requested in the General Counsel’s Motion for Default Judgment. All full-time and part-time janitorial employees (in- cluding lead janitors, if utilized, and probationary em- ployees) employed by the Respondent at the Ft. Belvoir location in Virginia. (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) On request, meet and bargain with the Union as the exclusive collective-bargaining representative of the unit employees on terms and conditions of employment and, if an understanding is reached, embody the under- standing in a signed agreement. (b) Within 14 days after service by the Region, post at its facility in Ft. Belvoir, Virginia copies of the attached notice marked “Appendix.”2 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 are cus- tomarily posted. In addition to physical 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 Respondent custom- arily 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 cov- ered by any other material. If 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 Re- spondent at any time since April 11, 2014. (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. December 2, 2014 ______________________________________ Mark Gaston Pearce, Chairman 2 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." ACSENTIAL 3 ______________________________________ 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 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 fail and refuse to meet and bargain col- lectively and in good faith with Service Employees In- ternational Union, Local 32 BJ (the Union) as the exclu- sive collective-bargaining representative of our employ- ees in the following appropriate unit: All full-time and part-time janitorial employees (in- cluding lead janitors, if utilized, and probationary em- ployees) employed by us at our Ft. Belvoir location in Virginia. 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, meet and bargain with the Union as the exclusive collective-bargaining representative of the unit employees on terms and conditions of employ- ment, and put in writing and sign any agreement reached. BROWN &PIPKINS, LLC D/B/A ACSENTIAL The Board’s decision can be found at www.nlrb.gov/case/05-CA-130620 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.