Seven One Seven Parking Services of Michigan, Inc. d/b/a Hospital Parking Management

363 NLRB No. 101 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. Seven One Seven Parking Services of Michigan, Inc. d/b/a Hospital Parking Management and Local 283, International Brotherhood of Teamsters (IBT). Case 07–CA–133170 January 21, 2016 DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA AND HIROZAWA The General Counsel seeks a default judgment in this case pursuant to the terms of a bilateral informal settle- ment agreement. Upon a charge and an amended charge filed by Local 283, International Brotherhood of Team- sters (IBT) (the Union) on July 21 and September 30, 2014, respectively, alleging that the Respondent violated Section 8(a)(5) and (1) of the Act, the Respondent and the Union entered into an informal settlement agreement which was approved by the Regional Director for Region 7 on November 18, 2014. The settlement agreement required the Respondent to: (1) on request, bargain with the Union as the exclusive collective-bargaining repre- sentative of the unit employees; (2) meet and bargain with the Union on specified scheduled dates as agreed on by the parties, at least twice a week, for at least 4 hours per meeting, until a complete collective-bargaining agreement or a good-faith impasse is reached; (2) pro- vide a representative to meet face-to-face with the Union who has the authority to make adjustments and bind the Respondent during negotiations until a complete agree- ment or a good-faith impasse is reached; (3) provide the Union with the information it requested on June 17, July 18 and 22, and October 16, 2014; and (4) post appropri- ate notices. The settlement agreement also contained the following provision: The Charged Party agrees that in case of non- compliance with any of the terms of this Settlement Agreement by the Charged Party, and after 14 days no- tice from the Regional Director of the National Labor Relations Board of such non-compliance without rem- edy by the Charged Party, the Regional Director will issue a Complaint that includes the allegations covered by the Notice to Employees, as identified above in the Scope of Agreement section, as well as filing and ser- vice of the charge(s), commerce facts necessary to es- tablish Board jurisdiction, labor organization status, appropriate bargaining unit (if applicable), and any oth- er allegations the General Counsel would ordinarily plead to establish the unfair labor practices. Thereafter, the General Counsel may file a Motion for Default Judgment with the Board on the allegations of the Complaint. The Charged Party understands and agrees that all of the allegations of the Complaint will be deemed admitted and that it will have waived its right to file an Answer to such Complaint. The only issue that the Charged Party may raise before the Board will be whether it defaulted on the terms of this Settlement Agreement. The General Counsel may seek, and the Board may impose, a full remedy for each unfair labor practice identified in the Notice to Employees. The Board may then, without necessity of trial or any other proceeding, find all allegations of the Complaint to be true and make findings of fact and conclusions of law consistent with those allegations adverse to the Charged Party on all issues raised by the pleadings. The Board may then issue an Order providing a full remedy for the violations found as is appropriate to remedy such violations. The parties further agree that a U.S. Court of Appeals Judgment may be entered en- forcing the Board Order ex parte, after service or at- tempted service upon Charged Party at the last address provided to the General Counsel. By letter dated January 27, 2015, the Region’s compli- ance officer informed the Respondent that the Union had asserted that the Respondent had not complied with the settlement agreement. The letter advised the Respondent that it was obligated to respond to this allegation and that failure to do so could lead to the issuance of a complaint and the filing of a motion for default judgment. By email dated February 4, 2015, the Respondent re- plied that it had provided the Union with documents re- quested on June 17, 2014, “as they exist;” that it had des- ignated a representative with full authority to bargain on its behalf; that its representative had proposed several bargaining dates; and that the Union had rejected those and subsequent dates proposed for bargaining. The email concluded by stating that the parties were at im- passe and that the Respondent was unable to bargain with the Union. By letter dated February 13, 2015, the Regional Direc- tor informed the Respondent that it was in non- compliance with the settlement agreement and that if it failed to comply within 14 days, the Region could issue a complaint and seek default judgment. Specifically, the Regional Director advised the Respondent that it had failed to (1) provide the Union with the information it requested on June 17, July 18 and 22, and October 16, 2014; (2) on request, bargain in good faith with the Un- ion as the exclusive collective-bargaining representative DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 of the unit employees; (3) meet and bargain collectively with the Union on specified scheduled dates as agreed on by the parties, at least twice a week, for at least 4 hours per meeting, until a complete collective-bargaining agreement or a good-faith impasse is reached; (4) pro- vide a representative with the authority to bind the Re- spondent to meet face-to-face with the Union during ne- gotiations for a collective-bargaining agreement. The Respondent failed to respond or to comply. Accordingly, pursuant to the terms of the noncompli- ance provisions of the settlement agreement, on March 31, 2015, the Regional Director issued a Complaint Based on Breach of Affirmative Provisions of Settlement Agreement (the complaint). On April 8, 2015, the Gen- eral Counsel filed a Motion for Default Judgment with the Board. On April 10, 2015, 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 According to the uncontroverted allegations in the mo- tion for default judgment, the Respondent has failed to comply with the terms of the settlement agreement by failing to (1) provide the Union with the information it requested on June 17, July 18 and 22, and October 16, 2014; (2) on request, bargain in good faith with the Un- ion as the exclusive collective-bargaining representative of the unit employees; (3) meet and bargain collectively with the Union on specified scheduled dates as agreed on by the parties, at least twice a week, for at least 4 hours per meeting, until a complete collective-bargaining agreement or a good-faith impasse is reached; (4) pro- vide a representative with the authority to bind the Re- spondent to meet face-to-face with the Union during ne- gotiations for a collective-bargaining agreement. Consequently, pursuant to the noncompliance provi- sions of the settlement agreement set forth above, we find that all of the allegations in the complaint are 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, the Respondent has been a cor- poration with an office and place of business in Tampa, Florida, and has been engaged in providing parking man- 1 See U-Bee, Ltd., 315 NLRB 667 (1994). agement services and valet parking services for various parking facilities, including a facility located at 4100 John R Street, Detroit, Michigan (John R facility). In conducting its operations during the calendar year ending December 31, 2014, the Respondent provided services valued in excess of $50,000 for the Karmanos Cancer Center at the Detroit Medical Center (Karmanos), an enterprise within the State of Michigan that is directly engaged in interstate commerce. 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: Jason Accardi - President John Accardi - Vice President John Accardi, Sr. - Senior Vice President Jeff Kilcoyne - Senior Vice President of Opera- tions until late January or early February 2014 William “Bill” - Site Manager Jackson 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 valet employees, lot attendants, traffic and safety employees, cashiers, greeters, and uniform attendants employed by Re- spondent working out of the Karmanos Cancer Center at the Detroit Medical Center located at 4100 John R Street, Detroit, Michigan, but excluding all guards and supervisors as defined in the Act. Since at least 2007, and at all material times, the Re- spondent has recognized the Union as the exclusive col- lective-bargaining representative of the unit. This recog- nition has been embodied in successive collective- bargaining agreements, the most recent of which was effective from January 1, 2010, through December 31, 2013. SEVEN ONE SEVEN PARKING SERVICES OF MICHIGAN, INC. 3 At all times since at least 2007, based on Section 9(a) of the Act, the Union has been the exclusive collective- bargaining representative of the unit. At various times from about March 18, 2014, through about February 27, 2015, the Respondent and the Union met for purposes of negotiating a successor collective- bargaining agreement to the agreement described above. During that time period, the Respondent failed and re- fused to negotiate with the Union in face-to-face collec- tive-bargaining sessions; failed and refused to cloak its representatives with the authority to enter into binding agreements; failed and refused to timely schedule collec- tive-bargaining sessions; and canceled and shortened scheduled collective-bargaining sessions. About June 172 and October 16, 2014, the Union orally requested that it be allowed to examine the Respondent's financial records, after the Respondent asserted an inabil- ity to grant wage increases in response to the Union’s contract proposal asking for wage increases. About July 18 and 22, 2014, the Union, by email, re- quested that it be allowed to examine the Respondent's financial records, after the Respondent asserted an inabil- ity to grant wage increases in response to the Union’s contract proposal asking for wage increases. The information requested by the Union, as described above, is necessary to verify assertions made by the Re- spondent during collective bargaining, and is necessary for, and relevant to, the Union’s performance of its duties as the exclusive collective-bargaining representative of the unit. Since about June 17, 2014, the Respondent has failed and refused to furnish the Union with the requested in- formation described above. CONCLUSION OF LAW By the conduct described above, Respondent has been failing and refusing to bargain collectively and in good faith with the exclusive collective-bargaining representa- tive of its unit employees in violation of Section 8(a)(5) and (1) 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 2 Although the complaint alleges July 17, 2014, as the date of this request, we note that the General Counsel’s motion, the settlement agreement signed by the parties, the Respondent’s February 4 email in response to the Region’s inquiry regarding its compliance, as well as the Regional Director’s February 13, 2015 letter to the Respondent all refer to June 17, 2014, as the date of the Union’s request. effectuate the policies of the Act, as requested by the General Counsel. Specifically, the Respondent shall comply with the unmet terms of the settlement agreement approved by the Regional Director for Region 7 on No- vember 18, 2014. Accordingly, we shall order the Respondent to, on re- quest, bargain in good faith with the Union as the exclu- sive collective-bargaining representative of the unit em- ployees concerning terms and conditions of employment. The Respondent shall meet and bargain collectively with the Union on specified scheduled dates as agreed on by the parties, at least twice a week, for at least 4 hours per meeting, until a complete collective-bargaining agree- ment or a good-faith impasse is reached. The Respond- ent shall provide a bargaining representative to meet face-to-face with the Union who possesses the authority to make adjustments and bind the Respondent during negotiations for a collective-bargaining agreement, until a complete collective-bargaining agreement or a good- faith impasse is reached. We shall further order the Respondent to furnish the Union with information the Union requested on June 17, July 18 and 22, and October 16, 2014 that is necessary and relevant to the Union's performance of its duties as the exclusive collective-bargaining representative of the unit employees. ORDER The National Labor Relations Board orders that the Respondent, Seven One Seven Parking Services of Mich- igan, Inc. d/b/a Hospital Parking Management, Tampa Florida and Detroit Michigan, its officers, agents, succes- sors, and assigns, shall take the following affirmative action necessary to effectuate the policies of the Act. 1. Cease and desist from (a) Failing and refusing to bargain collectively and in good faith with Local 283, International Brotherhood of Teamsters (IBT) as the exclusive collective-bargaining representative of employees in the following unit: All full-time and regular part-time valet employees, lot attendants, traffic and safety employees, cashiers, greeters, and uniform attendants employed by Re- spondent working out of the Karmanos Cancer Center at the Detroit Medical Center located at 4100 John R Street, Detroit, Michigan, but excluding all guards and supervisors as defined in the Act. (b) Failing and refusing to furnish the Union with re- quested information that is relevant and necessary to the Union’s performance of its functions as the collective- bargaining representative of the Respondent’s unit em- ployees. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4 (c) 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 the Union as the exclusive collective-bargaining representative of its unit employees. (b) Meet and bargain collectively with the Union on specified scheduled dates as agreed on by the parties, at least twice a week, and for at least 4 hours per meeting, until a complete collective-bargaining agreement or a good-faith impasse is reached. (c) Provide a representative to meet face-to-face with the Union, who has the authority to make adjustments and bind the Respondent during negotiations for a collec- tive-bargaining agreement until a complete collective- bargaining agreement or a good-faith impasse is reached. (d) Furnish to the Union in a timely manner the in- formation requested by the Union on June 17, July 18 and 22, and October 16, 2014. (e) Within 14 days after service by the Region, post at the Karmanos Cancer Center facility located at 4100 John R, Detroit, Michigan, copies of the attached notice marked “Appendix.”3 Copies of the notice, on forms provided by the Regional Director for Region 7, after being signed by the Respondent’s authorized representa- tive, 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 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 customarily communicates with its employees by such means. Rea- sonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. If the Respondent has gone out of business or closed the facility involved in these proceed- ings, 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 18, 2014. (f) Within 21 days after service by the Region, file with the Regional Director for Region 7 a sworn certifi- cation of a responsible official on a form provided by the 3 If this Order is enforced by a judgment of a United States court of appeals, the words in the notice reading “Posted and Mailed by Order of the National Labor Relations Board” shall read “Posted and Mailed Pursuant to a Judgment of the United States Court of Appeals Enforc- ing an Order of the National Labor Relations Board.” Region attesting to the steps that the Respondent has taken to comply. Dated, Washington, D.C. January 21, 2016 ______________________________________ Mark Gaston Pearce, Chairman ______________________________________ Philip A. Miscimarra, Member ______________________________________ Kent Y. Hirozawa, 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 do anything to prevent you from exercis- ing the above rights. WE WILL NOT refuse to bargain collectively in good faith with Local 283, International Brotherhood of Team- sters (IBT) (the Union) as the exclusive collective- bargaining representative of our employees in the follow- ing unit: All full-time and regular part-time valet employees, lot attendants, traffic and safety employees, cashiers, greeters, and uniform attendants employed by us at the Karmanos Cancer Center facility located at 4100 John R, Detroit, Michigan. WE WILL NOT refuse to provide the Union with infor- mation that is relevant and necessary to its role as your bargaining representative. SEVEN ONE SEVEN PARKING SERVICES OF MICHIGAN, INC. 5 WE WILL NOT in any like or related manner interfere with the rights listed above. WE WILL NOT in any like or related manner fail and re- fuse to bargain collectively and in good faith with the Union as the exclusive collective-bargaining representa- tive of our unit employees. WE WILL provide the Union with the information it re- quested on June 17, July 18 and 22, and October 16, 2014. WE WILL, on request, bargain in good faith with the Union as the exclusive collective-bargaining representa- tive of our unit employees. WE WILL meet and bargain collectively with the Union on specified scheduled dates as agreed on by the parties, at least twice a week, and for at least 4 hours per meet- ing, until a complete collective-bargaining agreement or a good-faith impasse is reached, WE WILL provide a representative to meet face-to-face with the Union, who has the authority to make adjust- ments and bind us during negotiations for a collective bargaining agreement during the entire period of time noted in the prior provision. SEVEN ONE SEVEN PARKING SERVICES OF MICHIGAN, INC. D/B/A HOSPITAL PARKING MANAGEMENT The Board’s decision can be found at www.nlrb.gov/case/07-CA-133170, or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Re- lations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling (202) 273-1940.