City Construction Group

373 NLRB No. 17 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. City Construction Group, Inc. and Florida Carpenters Regional Council and Carpenters and Pile Driv- ers Local Union 1809, United Brotherhood of Carpenters and Joiners of America. Case 12– CA–313812 February 7, 2024 DECISION AND ORDER BY CHAIRMAN MCFERRAN AND MEMBERS KAPLAN AND WILCOX The General Counsel seeks a default judgment in this case on the ground that City Construction Group, Inc. (the Respondent) has failed to file an answer to the complaint. Upon a charge filed by Florida Carpenters Regional Coun- cil and Carpenters and Pile Drivers Local Union 1809, United Brotherhood of Carpenters and Joiners of America (the Union) on March 9, 2023, the General Counsel issued a complaint on July 31, 2023,1 against the Respondent, al- leging that it had violated Section 8(a)(1) of the Act. Alt- hough properly served copies of the charge and complaint, the Respondent failed to file an answer. On September 8, the General Counsel filed with the Na- tional Labor Relations Board a Motion for Default Judg- ment and Issuance of Decision and Order. Thereafter, on September 20, 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 here affirmatively stated that unless an answer was received by August 14, the Board may find, pursuant to a motion for default judgment, that the allegations in the complaint are true. Further, the un- disputed allegations in the General Counsel’s motion dis- close that, by letter dated August 28, the Region notified the Respondent that unless an answer was received by September 5, a motion for default judgment would be 1 Hereinafter, all dates are in 2023 unless otherwise indicated. filed. Nevertheless, the Respondent failed to file an an- swer. 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 Florida corporation with an office and place of business located at 2727 SW 16 Avenue, Coconut Grove, Florida, and has been engaged in business as a general contractor special- izing in interior construction services at various job sites, including at the 33rd Floor, 200 S. Biscayne Avenue, Mi- ami, Florida. During the 12-month period preceding the issuance of the complaint (a representative period), the Respondent purchased and received goods valued in excess of $50,000 directly from points located outside the State of Florida, and from enterprises located within the state. We find that, at all material times, the Respondent has been an employer engaged in commerce within the mean- ing of Section 2(2), (6), and (7) of the Act, and that the Union is a labor organization within the meaning of Sec- tion 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES 1. 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 mean- ing of Section 2(11) of the Act and agents of the Respond- ent within the meaning of Section 2(13) of the Act: Javier Juncadella -- Vice President Don Replogle -- Superintendent John Roettger -- President Michel Abou Rouphael-- Business Manager 2. At all material times, Walker Commercial Interiors (Walker) has been an employer engaged in tenant build- out and commercial retrofit construction, specializing in commercial office build-outs and finishes. 3. On or about February 17, 2023, and at all material times, Walker was a subcontractor to the Respondent on a construction project at the 33rd Floor, 200 S. Biscayne Boulevard, Miami, Florida. 4. The following employees of Walker (the Unit) con- stitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9(b) of the Act: DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 All drywall hangers, installers, finishers, painters, plas- terers and scaffold builders and all other employees per- forming types of work within the jurisdiction of the United Brotherhood of Carpenters employed by Walker within the geographical jurisdiction of the Union. 5. On or about April 29, 2020, Walker, an employer engaged in the building and construction industry, entered into a collective-bargaining agreement with the Union ti- tled “Statewide Interior Systems Independent Collective Bargaining Agreement” that is effective by its terms from April 29, 2020, through April 30, 2023, and agreed to con- tinue the collective-bargaining agreement in effect annu- ally unless timely notice was given in accordance with the terms of Article 17 of the collective-bargaining agree- ment. 6. By entering into the collective-bargaining agreement described above, Walker recognized the Union as the ex- clusive collective-bargaining representative of the Unit without regard to whether the Union’s majority status had ever been established under Section 9(a) of the Act. 7. Article 9(A) of the collective-bargaining agreement described above states: Union Representatives. The Union representative shall have access to all jobs while—construction work cov- ered by this Agreement is in progress. The Union repre- sentative agrees to comply with safety and security reg- ulations in force on the job. The Union representative shall make all necessary and reasonable effort to notify the Employer before entering the job and in no case will the Representative interfere with or impede the perfor- mance of the work force. 8. On or about February 17, 2023, the Respondent, by Don Replogle, denied a Union representative access to the job site at the 33rd Floor, 200 S. Biscayne Avenue, Miami, Florida, where Unit employees of Walker were working. CONCLUSION OF LAW By the conduct described above, the Respondent has been interfering with, restraining and coercing employees in the exercise of rights guaranteed in Section 7 of the Act, in violation of Section 8(a)(1) of the Act. The unfair labor practices of the Respondent described above affect com- merce within the meaning of Section 2(6) and (7) of the Act. 2 Consistent with the complaint, Member Kaplan would order the Re- spondent to provide signed copies of the Notice to Employees in English and Spanish to the Regional Director for distribution to and use by the Union and Walker, on a voluntary basis, to email and/or text copies of the Notice to Unit employees of Walker represented Union who were 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 violated Section 8(a)(1) by denying the Union access to the job site of the Respond- ent’s subcontractor, Walker Commercial Interiors, located at the 33rd Floor, 200 S. Biscayne Avenue, Miami, Flor- ida, where unit employees were working, we shall order the Respondent, on the Union’s request, to permit repre- sentatives of the Union to enter its jobsites for the purpose of representing employees of Walker pursuant to Walker’s collective-bargaining agreement with the Union.2 ORDER The National Labor Relations Board orders that the Re- spondent, City Construction Group, Inc. Coconut Grove, Florida, its officers, agents, successors, and assigns, shall: 1. Cease and desist from (a) Refusing the Florida Carpenters Regional Council and Carpenters and Pile Drivers Local Union 1809, United Brotherhood of Carpenters and Joiners of America’s (the Union) right to enter the Respondent’s 33rd Floor, 200 S. Biscayne Avenue, Miami, Florida jobsite or any other jobsite within the scope of the Union's collective-bargain- ing agreement with Walker Commercial Interiors (Walker), for the purpose of representing employees under its collective-bargaining agreement with Walker. (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 the Union’s request, permit representatives of the Union to enter its jobsites for the purpose of represent- ing employees of Walker pursuant to Walker’s collective- bargaining agreement with the Union; provided, however, that the Respondent is not prevented from applying rea- sonable and nondiscriminatory rules pertaining to nonem- ployee access. (b) Post at its facility in Coconut Grove, Florida, its 200 S. Biscayne Avenue project office, and at any other loca- tions on the 200 S. Biscayne Avenue jobsite where em- ployees represented by the Union are currently working, copies of the attached notice marked "Appendix."3 Copies employed by Walker at 200 S. Biscayne Boulevard, Miami, Florida, at any time since February 16, 2023. 3 If the facility involved in these proceedings is open and staffed by a substantial complement of employees, the notice must be posted within 14 days after service by the Region. If the facility involved in these pro- ceedings is closed or not staffed by a substantial complement of CITY CONSTRUCTION GROUP, INC. 3 of the notice, on forms provided by the Regional Director for Region 12, after being signed by the Respondent's au- thorized representative, shall be posted by the Respondent in English and Spanish and maintained for 60 consecutive days in conspicuous places, including all places where no- tices to employees are customarily posted. In addition to physical posting of paper notices, notices shall be distrib- uted electronically, such as by email, posting on an intra- net or an internet site, and/or other electronic means, if the Respondent customarily communicates with its employ- ees by such means. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, de- faced, or covered 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 employees and former employees employed by the Re- spondent at any time since February 17, 2023. (c) Sign and return to the Regional Director sufficient copies of the notice for posting and electronic distribution by Walker and the Union, if they are willing, at all places where notices to employees or members are customarily distributed. (d) Within 21 days after service by the Region, file with the Regional Director for Region 12 a sworn certification of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to com- ply. Dated, Washington, D.C. February 7, 2024 ______________________________________ Lauren McFerran, Chairman ______________________________________ Marvin E. Kaplan, Member ________________________________________ Gwynne A. Wilcox, Member (SEAL) NATIONAL LABOR RELATIONS BOARD employees due to the Coronavirus Disease 2019 (COVID-19) pandemic, the notice must be posted within 14 days after the facility reopens and a substantial complement of employees has returned to work. If, while closed or not staffed by a substantial complement of employees due to the pandemic, the Respondent is communicating with its employees by electronic means, the notice must also be posted by such electronic means within 14 days after service by the Region. If the notice to be physically posted was posted electronically more than 60 days before 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 vi- olated 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 ac- tivities. WE WILL NOT refuse the Florida Carpenters Regional Council and Carpenters and Pile Drivers Local Union 1809, United Brotherhood of Carpenters and Joiners of America’s (the Union) right to enter our 33rd Floor, 200 S. Biscayne Avenue, Miami, Florida jobsite or any other jobsite for the purpose of representing employees under its collective-bargaining agreement with Walker Commercial Interiors (Walker). 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 the Union’s request, permit representa- tives of the Union to enter our jobsites while construction work by our contractor Walker is ongoing for the purpose of representing employees of Walker pursuant to Walker’s collective-bargaining agreement with the Union, pro- vided, however, that we are not prevented from applying reasonable and nondiscriminatory rules pertaining to nonemployee access. CITYCONSTRUCTION GROUP, INC. The Board’s decision can be found at www.nlrb.gov/case/12-CA-313812 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor physical posting of the notice, the notice shall state at the bottom that “This notice is the same notice previously [sent or posted] electronically on [date].” 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 Judg- ment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4 Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling (202) 273-1940.