Regional Ready Mix, LLC and Brand X, LLC, as alter egos

373 NLRB No. 56 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. Regional Ready Mix, LLC and Brand X, LLC, alter egos and International Union of Operating En- gineers, Local 150, AFL–CIO. Cases 25–CA– 279907, 25–CA–279911, 25–CA–280638, 25–CA– 284273, 25–CA–287608, 25–CA–288047, 25–CA– 293305, 25–CA–305657, 25–CA–328159 May 14, 2024 DECISION AND ORDER BY CHAIRMAN MCFERRAN AND MEMBERS PROUTY AND WILCOX The General Counsel seeks a default judgment in this case on the ground that Regional Ready Mix, LLC and Brand X, LLC, alter egos (collectively, the Respondent) has withdrawn its answer to the consolidated complaint. Upon charges filed by the International Union of Operat- ing Engineers, Local 150, AFL–CIO (the Union), the General Counsel issued a consolidated complaint on July 25, 2023 against Regional Ready Mix alleging that it had violated Section 8(a)(1), (3), and (5) of the Act. On Au- gust 30, 2023, the Respondent filed an answer to the con- solidated complaint, which it thereafter amended on No- vember 14, 2023. On February 1, 2024,1 the General Counsel issued an amended consolidated complaint alleging that the Re- spondent had engaged in additional unfair labor practices within the meaning of the Act.2 Thereafter, on February 9, the Respondent withdrew the previous answer it had submitted. It further advised the General Counsel that neither Regional Ready Mix nor Brand X would file an answer to the amended consolidated complaint or partic- ipate in the hearing. On February 16, the General Counsel filed with the National Labor Relations Board a Motion for Default Judgment. Thereafter, on February 22, 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 has not filed a response. The allegations in the motion are therefore undisputed. 1 Hereinafter, all dates are in 2024 unless otherwise indicated. 2 The charges included in the July 25, 2023 consolidated complaint were 25–CA–279907, filed on July 14, 2021; 25–CA–279911, filed on July 14, 2021, and amended on October 6, 2023; 25–CA–280638, filed July 29, 2021, and amended on April 14, 2023; 25–CA–284273, filed on October 8, 2021; 25–CA–287608, filed December 13, 2021; 25– CA–288047, filed December 21, 2021; 25–CA–293305, filed March 31, 2022; and 25–CA–305657, filed October 21, 2022. These charges were consolidated with 25–CA–328159, filed on October 18, 2023, in the amended consolidated complaint that issued on February 1, 2024. 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 amended consolidated complaint affirmatively stated that unless an answer was received on or before February 15, 2024, the Board may find, pur- suant to a motion for default judgment, that the allega- tions in the complaint are true. Although the Respondent filed an answer to the consolidated complaint on August 30, 2023, which it amended on November 14, 2023, it later withdrew its answer. The Board has long recog- nized that, for the purposes of Board litigation, the with- drawal of an answer is treated as a failure to file an an- swer in the first place; in either scenario, the Board con- siders the allegations in the complaint to have been prov- en.3 Accordingly, based on the withdrawal of the Re- spondent’s answer, we deem the allegations in the amended consolidated complaint to be admitted as true, and grant the General Counsel’s Motion for Default Judgement. On the entire record, the Board makes the following FINDINGS OF FACT I. JURISDICTION At all material times, Respondent Regional Ready Mix has been a limited liability company with an office and place of business in Rochelle, Illinois, where it has been engaged in the business of producing and selling ready- mix concrete. At all material times, Respondent Brand X has been a limited liability company with an office and place of business in Rochelle, Illinois, where it has been engaged in the business of producing and selling ready-mix con- crete. At all material times, Respondent Regional Ready Mix and Respondent Brand X have had substantially identical management, business purposes, operations, equipment, customers, supervision, and ownership. About March 15, 2023, Respondent Brand X was es- tablished by Respondent Regional Ready Mix as a dis- guised continuation of Respondent Regional Ready Mix. Respondent Regional Ready Mix established Re- spondent Brand X for the purpose of evading its respon- sibilities under the Act. 3 See, e.g., St. Marys Med. Ctr., Inc., 371 NLRB No. 17, slip op. at 1 (2021); accord 3H Service System, Inc., 369 NLRB No. 116 (2020); Maislin Transport, 274 NLRB 529 (1985). DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 Based on the operations and conduct described above, Respondent Regional Ready Mix and Respondent Brand X are, and have been at all material times, alter egos and/or a single employer within the meaning of the Act. During the 12-month period ending July 14, 2021, the Respondent, in conducting its operations described above, purchased and received at its facility goods valued in excess of $50,000 directly from suppliers located in- side the State of Illinois, who in turn purchased and re- ceived those goods directly from suppliers located out- side the State of Illinois. Accordingly, we find that the Respondent is an em- ployer engaged in commerce within the meaning of Sec- tion 2(2), (6), and (7) of the Act and the Union is a labor organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES 1. 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/or agents of the Respondent within the meaning of Section 2(13) of the Act: Larry Watson Owner, Regional Ready Mix Scot Watson General Manager, Regional Ready Mix and Organizer/Agent of Brand X Cory Carter Manager, Brand X 2(a) About July 2, 2021, the Respondent, by Larry Watson, at the Respondent’s facility, threatened its em- ployees with discharge because they selected the Union as their bargaining representative. (b) About July 7, 2021, the Respondent, by Scot Wat- son, at the Respondent’s facility, threatened its employ- ees with discharge because they selected the Union as their bargaining representative. (c) About July 28, 2021, the Respondent, by Scot Wat- son, at Respondent’s facility, threatened its employees with discharge because they selected the Union as their bargaining representative. (d) About late August or early September 2021, the Respondent, by Larry Watson, threatened its employees with discharge because they selected the Union as their bargaining representative. (e). About October 8, 2021, the Respondent, by Scot Watson, placed manure near the driveway entrance to the Respondent’s facility where the Union had been engaged in picketing. 3(a) About June 22, 2021, the Respondent discontin- ued wage increases for its employees. (b) About July 2 and August 13, 2021, the Respondent disciplined its employee Pedro Esparza. (c) About July 14, 2021, the Respondent placed its employees, including Albert Caruso and Pedro Esparza, in “on-call” status, thereby reducing their hours. (d) About July 29, 2021, the Respondent discharged its employee Brian Hodges. (e) From about December 2021 to April 2022, the Re- spondent reduced the hours of its employee Richard Stover. (f) Since about September 7, 2021, certain employees employed by the Respondent and represented by the Un- ion at Respondent’s facility ceased work concertedly and engaged in a strike. (g) The strike described above in paragraph 3(f) was caused by the Respondent’s unfair labor practices described above in paragraphs 2(a) through 2(d) and 3(a) through 3(d) and below in paragraphs 4(d) and 4(e). (h) About March 31, 2022, by letter, employee Mike Kannheiser, who engaged in the strike described above, made an unconditional offer to return to his former posi- tion of employment. (i) Since about March 31, 2022, the Respondent has failed and refused to reinstate Mike Kannheiser to his former position of employment. (j) The Respondent engaged in the conduct described above in paragraphs 3(a) through 3(e) because the named employees of the Respondent formed, joined, and assisted the Union and engaged in concerted activities, and to discourage employees from engaging in these activities. (k) The Respondent engaged in the conduct described above in paragraph 3(i) because the named employee of the Respondent formed, joined, and assisted the Union and engaged in concerted activities, and to discourage employees from engaging in these activities. 4(a) The following employees of the Respondent (the unit) constitute a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9(b) of the Act: All full-time and regular part-time plant operators, me- chanics, concrete belt-placers, conveyor operators, loader operators, concrete pumping operators, mainte- nance workers, electricians, truck-drivers and oilers employed by the Employer at its facility located at 15051 E. Lind Road, Rochelle, IL 61068; BUT EXCLUDING all office clerical employees, manage- ment employees, guards and supervisors as defined in the Act, and all other employees. (b) On June 22, 2021, a representation election was conducted among the employees in the unit, and on June 30, 2021, the Union was certified as the exclusive collec- tive-bargaining representative of the unit. REGIONAL READY MIX LLC AND BRAND X LLC 3 (c) At all times since June 22, 2021, based on Section 9(a) of the Act, the Union has been the exclusive collec- tive-bargaining representative of the unit. (d) The subjects set forth above in paragraphs 3(a) and 3(c) relate to wages, hours, and other terms and condi- tions of employment of the unit and are mandatory sub- jects for the purposes of collective bargaining. (e) The Respondent engaged in the conduct described above in paragraphs 3(a) and 3(c) without prior notice to the Union and without affording the Union an opportuni- ty to bargain with it with respect to this conduct and the effects of this conduct. (f) About October 4, 2022, the Respondent withdrew recognition from the Union as the exclusive collective- bargaining representative of the unit. (g) Since about October 4, 2022, the Respondent has failed and refused to continue to recognize and bargain with the Union as the exclusive collective-bargaining representative of the unit. (h) Since about October 5, 2022, the Union has re- quested in writing that the Respondent furnish the Union with the information:4 1. The date that Regional has ceased operations and is no longer functioning. 2. Copies of all communication[s] to all employees in the bargaining unit, including the current temporary re- placements and those on strike, informing them of the closure. 3. Copies of all correspondence, including but not lim- ited to emails, texts, letters to all third parties, including but not limited to Regional’s customers and suppliers, lenders, banks, landlords, [and] business partners, in- forming them of the shutdown. 4. Identify all Regional real and personal property. 5. A list of all Regional equipment, including but not limited to all trucks, conveyors, [and] heavy equipment. 6. Identify any plans to liquidate assets. 7. Identify any plans to sell real property. 8. Copies of all property leases entered into by Re- gional. 9. Copies of all financing documents for any Regional real and/or personal property. 10. A [c]opy of any Illinois Secretary of State filings to dissolve Regional. 4 The Union requested the information in response to Regional Ready Mix’s October 4, 2022 announcement that it had permanently closed and its employees were either terminated or laid off. The infor- mation was requested in connection with the Union’s demand for ef- fects bargaining. (i) The information requested by the Union, as de- scribed above, is necessary for, and relevant to, the Un- ion’s performance of its duties as the exclusive collec- tive-bargaining representative of the unit. (j) Since about October 5, 2022, the Respondent has failed and refused to furnish the Union with the requested information, as described above in paragraph 4(h). CONCLUSIONS OF LAW By the conduct described above in paragraphs 2(a) through 2(e), 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. By the conduct described above in paragraphs 3(a) through 3(e) and 3(i) through 3(k), the Respondent has been discriminating in regard to the terms and conditions of employment of its employees, thereby discouraging membership in a labor organization in violation of Sec- tion 8(a)(3) and (1) of the Act. By the conduct described above in paragraphs 3(a), 3(c), 4(d), 4(e), 4(f), 4(g), and 4(j), the Respondent has been failing and refusing to bargain collectively with the exclusive collective-bargaining representative of its em- ployees in violation of Section 8(a)(5) and (1) 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 unlawfully discharged Brian Hodges and refused to reinstate Mike Kannheiser upon his unconditional offer to return to work, we shall order the Respondent to offer them full reinstatement to their former positions or, if those positions no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges they pre- viously enjoyed. We shall also order that the Respondent make Hodges and Kannheiser whole, with interest, for any loss of earnings and other benefits suffered as a re- sult of the Respondent’s unlawful conduct. Backpay shall be computed in accordance with F. W. Woolworth Co., 90 NLRB 289 (1950), with interest at the rate pre- scribed in New Horizons, 283 NLRB 1173 (1987), com- pounded daily as prescribed in Kentucky River Medical Center, 356 NLRB 6 (2010). In accordance with our decision in Thryv, Inc., 372 NLRB No. 22 (2022), the Respondent shall also compen- sate Hodges and Kannheiser for any other direct or fore- seeable pecuniary harms incurred as a result of the Re- spondent’s unlawful conduct, including reasonable search-for-work and interim employment expenses, if DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4 any, regardless of whether these expenses exceed interim earnings. Compensation for these harms shall be calcu- lated separately from taxable net backpay, with interest at the rate prescribed in New Horizons, supra, compounded daily as prescribed in Kentucky River Medical Center, supra. Having found that the Respondent unlawfully changed employees’ terms and conditions of employment, includ- ing those of employees Albert Caruso, Pedro Esparza, and Richard Stover, we shall order the Respondent to rescind the changes and make affected employees whole for any loss of earnings and other benefits, and for any other direct or foreseeable pecuniary harms suffered as a result of the unlawful changes as prescribed in Ogle Pro- tection Service, 183 NLRB 682 (1970), enfd. 444 F.2d 502 (6th Cir. 1971), plus interest at the rate prescribed in New Horizons, supra, compounded daily as prescribed in Kentucky River Medical Center, supra. Further, we shall order the Respondent to compensate Hodges, Kannheiser, Caruso, Esparza, Stover and other employees affected by the unlawful changes to their terms and conditions of employment for the adverse tax consequences, if any, of receiving a lump-sum award and to file a report with the Regional Director for Region 25 allocating the award(s) to the appropriate calendar year(s). AdvoServ of New Jersey, Inc., 363 NLRB 1324 (2016). In addition to the backpay allocation report, we shall order the Respondent to file with the Regional Di- rector for Region 25 a copy of each discriminatee’s cor- responding W-2 form(s) reflecting the backpay award. Cascades Containerboard Packaging—Niagara, 370 NLRB No. 76 (2021), as modified in 371 NLRB No. 25 (2021). The interest on backpay runs to the date of pay- ment and should be computed at the rate prescribed in New Horizons, supra, compounded daily as prescribed in Kentucky River Medical Center, supra. The Respondent shall also be required to remove from its files any reference to its unlawful discharge of Hodg- es and refusal to reinstate Kannheiser and to notify each of them in writing that this has been done and that Hodge’s discharge and Kannheiser’s strike participation will not be used against them in any way. Further, we shall order the Respondent to timely fur- nish the information that the Union requested on October 5, 2022. We shall also order the Respondent to bargain on request with the Union and, if an understanding is reached, to embody the understanding in a signed agree- ment. To ensure that the employees are accorded the services of their selected bargaining agent for the period provided by law, we shall construe the initial period of the certification as beginning on the date the Respondent begins to bargain in good faith with the Union. Mar-Jac Poultry Co., Inc., 136 NLRB 785 (1962); accord Burnett 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).5 Inasmuch as the Respondent’s unfair labor practices are likely to have a continuing coercive effect on em- ployees’ free exercise of their Section 7 rights long after the violations have occurred, we shall require additional remedial action designed to dissipate as much as possible the lingering atmosphere of fear created by the Respond- ent’s unlawful conduct. Given the corrosive effect of the Respondent’s severe and pervasive unfair labor practices, the mere posting of notices would not serve this purpose. See Omni Excavators, Inc., 373 NLRB No. 18, slip op. at 3 (2024); Amerinox Processing, Inc., 371 NLRB No. 105, slip op. at 2, 6 (2022); Sunbelt Rentals, Inc., 370 NLRB No. 102, slip op. at 6 (2021). Accordingly, we shall order the Respondent to convene all unit employees during work time and have a high-ranking responsible management official of the Respondent, in the presence of a Board agent, read, or, at the Respondent’s option, be present as a Board agent reads, the notice.6 ORDER The National Labor Relations Board orders that the Respondent, Regional Ready Mix, LLC and Brand X, LLC, alter egos, Rochelle, Illinois, its officers, agents, successors, and assigns shall 1. Cease and desist from (a) Threatening its employees with discharge because they selected the Union as their collective-bargaining representative. (b) Placing manure near the driveway entrance to its facility where the Union was engaged in picketing. (c) Unilaterally changing the terms and conditions of employment of its unit employees by discontinuing em- 5 The General Counsel additionally requests that the Respondent be required to draft and send a letter to each of the discriminatees apolo- gizing to them for their discharges and any hardship or distress it caused and to provide a copy of each letter to the Regional Director within 7 days of distribution. Because it has not been demonstrated that these remedies are necessary to effectuate the policies of the Act, we deny these requests. 6 Member Prouty would also require the Board agent to distribute the notice to employees at the meeting before the reading. See CP Anchorage Hotel 2 d/b/a Hilton Anchorage, 371 NLRB No. 151, slip op. at 9–15 (2022) (Member Prouty, concurring) (urging the Board to adopt a reading of the notice aloud and distribution to employees at a group meeting as a standard remedy for unfair labor practices because “[h]aving the notice to employees read aloud to them in a group meet- ing, with a copy in hand to follow along if they choose, is a superior means of disseminating and amplifying the Board’s message to maxim- ize the extent to which employees hear and comprehend it.”), enfd. 98 F.4th 314 (D.C. Cir. 2024). REGIONAL READY MIX LLC AND BRAND X LLC 5 ployees’ wage increases and reducing their hours, includ- ing by putting them in “on-call” status, because they formed, joined, or assisted the Union and engaged in concerted activities, and to discourage employees from engaging in these activities. (d) Disciplining, discharging, and failing and refusing to reinstate employees upon an unconditional offer to return to work because they formed, joined, or assisted the Union and engaged in concerted activities, and to discourage employees from engaging in these activities. (e) Failing and refusing to recognize and bargain col- lectively and in good faith with the International Union of Operating Engineers, Local 150, AFL–CIO (the Un- ion) as the exclusive collective-bargaining representative of the unit. (f) Failing and refusing to furnish the Union with re- quested information that is necessary for and relevant to the performance of its functions as the collective- bargaining representative of the Respondent’s unit em- ployees. (g) 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) Within 14 days from the date of this Order, offer Brian Hodges and Mike Kannheiser full reinstatement to their former positions or, if those jobs no longer exist, to substantially equivalent positions, without prejudice to their seniority or any other rights or privileges previously enjoyed. (b) Make Brian Hodges and Mike Kannheiser whole for any loss of earnings and other benefits, and for any other direct or foreseeable pecuniary harms suffered as a result of Hodge’s discharge and the Respondent’s failure and refusal to reinstate Kannheiser, in the manner set forth in the remedy section of this decision. (c) Rescind the unlawful changes to employees’ terms and conditions of employment implemented from about June 2021 to about April 2022. (d) Make employees affected by the unlawful changes whole for any loss of earnings and other benefits, and for any other direct or foreseeable pecuniary harms, suffered as a result of the unlawful changes, in the manner set forth in the remedy section of this decision. (e) Compensate Brian Hodges, Mike Kannheiser and employees affected by the unlawful changes for the ad- verse tax consequences, if any, of receiving a lump-sum award, and file with the Regional Director for Region 25, within 21 days of the date the award amount is fixed, either by agreement or Board order, a report allocating the backpay award to the appropriate calendar year(s). (f) File with the Regional Director for Region 25, within 21 days of the date the amount of the award is fixed by agreement or Board order or such additional time as the Regional Director may allow for good cause shown, a copy of each corresponding W-2 form(s) re- flecting the award. (g) Within 14 days from the date of this Order, re- move from its files any reference to the unlawful dis- charge of Brian Hodges and refusal to reinstate Mike Kannheiser, and within 3 days thereafter, notify each discriminate in writing that this has been done and that these unlawful actions will not be used against any of them in any way. (h) 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, including an elec- tronic copy of such records if stored in electronic form, necessary to analyze the amount of the monetary award due under the terms of this Order. (i) Furnish to the Union in a timely manner the infor- mation requested by the Union, since about October 5, 2022. (j) On request, bargain with the Union as the exclusive collective-bargaining representative of employees in the following appropriate unit concerning terms and condi- tions of employment and, if an understanding is reached, embody the understanding in a signed agreement: All full-time and regular part-time plant operators, me- chanics, concrete belt-placers, conveyor operators, loader operators, concrete pumping operators, mainte- nance workers, electricians, truck-drivers and oilers employed by the Employer at its facility located at 15051 E. Lind Road, Rochelle, IL 61068; BUT EXCLUDING all office clerical employees, manage- ment employees, guards and supervisors as defined in the Act, and all other employees. (k) Post at the Respondent’s facility copies of the at- tached notice marked “Appendix A”7 Copies of the no- 7 If the facility involved in these proceedings is open and staffed by a substantial complement of employees, the notice must be posted and read within 14 days after service by the Region. If the facility involved in these proceedings is closed or not staffed by a substantial comple- ment of employees due to the Coronavirus Disease 2019 (COVID-19) pandemic, the notice must be posted and read within 14 days after the facility reopens and a substantial complement of employees have re- turned to work. If, while closed or not staffed by a substantial com- plement of employees due to the pandemic, the Respondent is com- municating 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 electroni- DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 6 tice, on forms provided by the Regional Director for Re- gion 25, after being signed by the Respondent’s author- ized 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 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. Reasonable steps shall be taken by the Respond- ent 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 proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all cur- rent employees and former employees employed by the Respondent at any time since June 22, 2021. (l) Hold a meeting or meetings during work hours at its facility, scheduled to ensure the widest possible at- tendance of bargaining-unit employees, at which the at- tached Notice to Employees marked “Appendix A” will be read to employees by a high-ranking responsible man- agement official in the presence of a Board Agent and, if the Union so desires, a union representative, or, at the Respondent’s option, by a Board Agent in the presence of a high-ranking responsible management official and, if the Union so desires, the presence of a union representa- tive. (m) Within 21 days after service by the Region, file with the Regional Director for Region 25 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. May 14, 2024 ______________________________________ Lauren McFerran, Chairman ______________________________________ David M. Prouty, Member cally more than 60 days before 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 Judgment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” ________________________________________ Gwynne A. Wilcox, 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 bene- fit and protection Choose not to engage in any of these protected activities. WE WILL NOT threaten our employees with discharge because they selected the Union as their collective- bargaining representative. WE WILL NOT place manure near the driveway entrance to the facility where the Union was engaged in picketing. WE WILL NOT unilaterally change the terms and condi- tions of employment of our employees by discontinuing your wage increases and reducing your hours, including by putting you in “on-call” status, because you formed, joined, or assisted the Union and engaged in concerted activities, and to discourage you from engaging in these activities. WE WILL NOT discipline, discharge, or refuse to rein- state you upon an unconditional offer to return to work because you formed, joined, or assisted the Union and engaged in concerted activities, and to discourage you from engaging in these activities. WE WILL NOT fail and refuse to recognize and bargain collectively and in good faith with the International Un- ion of Operating Engineers, Local 150, AFL–CIO (the Union) as your exclusive collective-bargaining repre- sentative. WE WILL NOT fail and refuse to furnish the Union with requested information that is necessary for and relevant to the performance of its functions as your collective- bargaining representative. REGIONAL READY MIX LLC AND BRAND X LLC 7 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, within 14 days from the date of this Order, offer Brian Hodges and Mike Kannheiser full reinstate- ment to their former positions, or if those jobs no longer exist, to substantially equivalent positions, without prej- udice to their seniority or any other rights or privileges they previously enjoyed. WE WILL make whole Brian Hodges and Mike Kann- heiser for any loss of earnings and other benefits result- ing from our unlawful conduct, less any net interim earn- ings, plus interest and WE WILL also make them whole for any other direct or foreseeable pecuniary harms suffered as a result of our unlawful conduct, including reasonable search-for-work and interim employment expenses, plus interest. WE WILL rescind the unlawful unilateral changes to your terms and conditions of employment implemented from about June 2021 to about April 2022. WE WILL make those of you affected by the unlawful unilateral changes whole for any loss of earnings and other benefits, and for any other direct or foreseeable pecuniary harms, suffered as a result of the unlawful changes, plus interest. WE WILL compensate Brian Hodges, Mike Kannheiser and those of you affected by the unlawful changes for the adverse tax consequences, if any, of receiving a lump- sum award, and WE WILL file with the Regional Director for Region 25, within 21 days of the date the award amount is fixed, either by agreement or Board order, a report allocating the backpay award to the appropriate calendar year(s). WE WILL file with the Regional Director for Region 25, within 21 days of the date the amount of the award is fixed by agreement or Board order or such additional time as the Regional Director may allow for good cause shown, a copy of each corresponding W-2 form(s) re- flecting the award. WE WILL, within 14 days from the date of this Order, remove from our files any reference to the unlawful dis- charge of Brian Hodges and refusal to reinstate Mike Kannheiser and WE WILL within 3 days thereafter, notify each of them in writing that this has been done and that these unlawful actions will not be used against them in any way. WE WILL furnish to the Union in a timely manner the information requested by the Union on about October 5, 2022. WE WILL, on request, bargain with the Union as the exclusive collective-bargaining representative of 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 full-time and regular part-time plant operators, me- chanics, concrete belt-placers, conveyor operators, loader operators, concrete pumping operators, mainte- nance workers, electricians, truck-drivers and oilers employed by the Employer at its facility located at 15051 E. Lind Road, Rochelle, IL 61068; BUT EXCLUDING all office clerical employees, manage- ment employees, guards and supervisors as defined in the Act, and all other employees. REGIONAL READY MIX, LLC AND BRAND X, LLC, ALTER EGOS The Board’s decision can be found at www.nlrb.gov/case/25-CA-279907 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C. 20570, or by calling (202) 273-1940.