Maverick Fulfillment, Inc.

373 NLRB No. 57 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. Maverick Fulfillment, LLC and Mary Weaver. Case 04–CA–323653 June 20, 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 Maverick Fulfillment, LLC (the Respondent) has failed to file a timely answer to the com- plaint. Upon a charge filed by Mary Weaver on August 10, 2023, the General Counsel issued a complaint and no- tice of hearing on February 9, 2024,1 against the Respond- ent, alleging that it has violated Section 8(a)(1) of the Act. The Respondent failed to file a timely answer. On March 13, the General Counsel filed with the Na- tional Labor Relations Board a Motion for Default Judg- ment. On March 15, the Board issued an order transfer- ring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Re- spondent 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 states that unless an answer is received on or before February 23, 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 the Region, by letter dated February 28, notified the Respondent that unless an answer was received by March 6, 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 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 limited liability company with an office and place of business in Cherry Hill, New Jersey, and has been engaged in the 1 Dates are in 2024, unless otherwise indicated. business of providing third-party shipping and logistic ser- vices. Based on a projection of its operations since May 1, 2023, the Respondent will perform services valued in ex- cess of $50,000 in states other than the State of New Jer- sey. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES At all material times, the following individuals have held the positions set forth opposite their names and have been supervisors of the Respondent within the meaning of Section 2(11) and have been agents of the Respondent within the meaning of Section 2(13) of the Act. Taylor Gregg – Co-Owner, and Chief Executive Officer Cally Gregg – Co-Owner, and Hu- man Resource Man- ager Jeffrey Hirsch – Operations Manager Melissa Simmons – Controller/Manager 1. Beginning about May 17, 2023, the Respondent’s employee Mary Weaver engaged in concerted activities with other employees for the purpose of mutual aid and protection, by raising concerns to the Respondent about the employee time clock, paycheck stubs, direct deposit of paychecks, holiday pay, paid time off, and distribution of employee handbooks. 2. (a) About July 21, 2023, the Respondent discharged Mary Weaver. (b) The Respondent engaged in the conduct described above in subparagraph (a) because Mary Weaver engaged in the conduct described above in paragraph 1 and to dis- courage employees from engaging in these or other con- certed activities. 3. By the conduct described above in paragraph 2, the Respondent has been interfering with, restraining, and co- ercing employees in the exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act. 4. The unfair labor practices of the Respondent de- scribed above affect commerce within the meaning of Sec- tion 2(6) and (7) of the Act. CONCLUSION OF LAW By the conduct described above in paragraph 2, the Re- spondent has been interfering with, restraining, and coerc- ing employees in the exercise of the 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 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 described above 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 violated Section 8(a)(1) by dis- charging employee Mary Weaver for engaging in pro- tected concerted activity, we shall order the Respondent to offer her full reinstatement to her former position or, if that position no longer exists, to a substantially equivalent po- sition, without prejudice to her seniority or any other rights or privileges previously enjoyed. We shall also or- der the Respondent to make Weaver whole, with interest, for any loss of earnings and other benefits suffered as a result of her unlawful discharge. Backpay shall be com- puted in accordance with F. W. Woolworth Co., 90 NLRB 289 (1950), with interest at the rate prescribed in New Ho- rizons, 283 NLRB 1173 (1987), compounded daily as pre- scribed 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 Weaver for any other direct or foreseeable pecuniary harms incurred as a result of her unlawful discharge, in- cluding reasonable search-for-work and interim employ- ment expenses, if any, regardless of whether these ex- penses exceed interim earnings.2 Compensation for these harms shall be calculated separately from taxable net backpay, with interest at the rate prescribed in New Hori- zons, supra, compounded daily as prescribed in Kentucky River Medical Center, supra. Further, we shall order the Respondent to compensate Weaver for the adverse tax consequences, if any, of re- ceiving a lump-sum backpay award and to file a report with the Regional Director for Region 4 allocating the backpay award to the appropriate calendar year(s). Ad- voServ 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 Director for Re- gion 4 a copy of Weaver’s corresponding W-2 form(s) re- flecting the backpay award. Cascade Containerboard Packaging—Niagara, 370 NLRB No. 76 (2021), as mod- ified in 371 NLRB No. 25 (2021). 2 Unlike his colleagues, Member Kaplan would require the Respond- ent to compensate Weaver for other pecuniary harms only insofar as the losses were directly caused by the unlawful discharge, or indirectly caused by the unlawful discharge where the causal link between the loss and the unfair labor practice is sufficiently clear, consistent with his par- tial dissent in Thryv, Inc., supra. 3 The General Counsel additionally requests that we order the Re- spondent to physically and electronically post an Explanation of Rights document for 60 days; conduct a meeting during worktime to read or have read aloud the Notice to Employees, grant Board agents access to The Respondent shall also be required to remove from its files any reference to the unlawful discharge of Weaver and to notify her in writing that this has been done and that the discharge will not be used against her in any way.3 ORDER The National Labor Relations Board orders that the Re- spondent, Maverick Fulfillment, LLC, its officers, agents, successors, and assigns shall 1. Cease and desist from (a) Discharging employees for engaging in protected concerted activities or to discourage other employees from engaging in these activities. (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) Within 14 days from the date of this Order, offer Mary Weaver full reinstatement to her former position or, if that position no longer exists, to a substantially equiva- lent position, without prejudice to her seniority or any other rights or privileges previously enjoyed. (b) Make Mary Weaver whole for any loss of earnings and other benefits, and for any other direct or foreseeable pecuniary harms, suffered as a result of her unlawful dis- charge, in the manner set forth in the remedy section of this decision. (c) Compensate Mary Weaver for the adverse tax con- sequences, if any, of receiving a lump-sum backpay award, and file with the Regional Director for Region 4, within 21 days of the date the amount of backpay is fixed, either by agreement or Board order, a report allocating the backpay award to the appropriate calendar year(s). (d) File with the Regional Director for Region 4, within 21 days of the date the amount of backpay is fixed by agreement or Board order or such additional time as the Regional Director may allow for good cause shown, a copy of Mary Weaver’s corresponding W-2 form(s) re- flecting the backpay award. (e) Within 14 days from the date of this Order, remove from its files any reference to the unlawful discharge of Mary Weaver, and within 3 days thereafter, notify her in writing that this has been done and that the discharge will not be used against her in any way. (f) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for verify compliance; conduct a mandatory training for managers and su- pervisors on their obligations under the Act; and issue a letter of apology to Weaver. We deny these requests because the General Counsel has not shown that these additional measures are needed to remedy the effects of the Respondent’s unfair labor practices. See, e.g., Titan Health, LLC d/b/a Tweedleaf, 372 NLRB No. 96, slip op. at 3 fn. 2 (2023); Environ- mental Contractors, Inc., 366 NLRB No. 41, slip op. at 4 fn. 6 (2018); Guy Brewer 43 Inc. d/b/a Checkers, 363 NLRB No. 173, slip op. at 2 fn. 2 (2016). MAVERICK FULFILLMENT, LLC good cause shown, provide at a reasonable place desig- nated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, neces- sary to analyze the amount of backpay due under the terms of this Order. (g) Post at its facility in Cherry Hill, New Jersey, copies of the attached notice marked “Appendix.”4 Copies of the notice, on forms provided by the Regional Director for Re- gion 4, after being signed by the Respondent’s authorized representative, shall be posted by the Respondent and maintained 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 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 proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current employees and former em- ployees employed by the Respondent at any time since July 21, 2023. (h) Within 21 days after service by the Region, file with the Regional Director for Region 4 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. June 20, 2024 ______________________________________ Lauren McFerran, Chairman ______________________________________ Marvin E. Kaplan Member _____________________________________ Gwynne A. Wilcox, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 4 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 employ- ees due to the Coronavirus Disease 2019 (COVID-19) pandemic, the no- tice must be posted within 14 days after the facility reopens and a sub- stantial complement of employees has returned to work. If, while closed or not staffed by a substantial complement of employees due to the pan- demic, the Respondent is communicating with its employees by elec- tronic means, the notice must also be posted by such electronic means 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 ac- tivities. WE WILL NOT discharge you for engaging in protected concerted activity by raising concerns about the employee time clock, paycheck stubs, direct deposit of paychecks, holiday pay, paid time off, and distribution of employee handbooks. 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 the Board’s Order, offer Mary Weaver full reinstatement to her former position or, if that position no longer exists, to a substan- tially equivalent position, without prejudice to her senior- ity or any other rights or privileges she previously en- joyed. WE WILL make Mary Weaver whole for any loss of earnings and other benefits resulting from her unlawful discharge, less any net interim earnings, plus interest, and WE WILL also make her whole for any other direct or fore- seeable pecuniary harms suffered as a result of her unlaw- ful discharge, including reasonable search-for-work and interim employment expenses, plus interest. WE WILL compensate Mary Weaver for the adverse tax consequences, if any, of receiving a lump-sum backpay award., and WE WILL file with the Regional Director for Region 4, within 21 days of the date the amount of back- pay is fixed, either by agreement or Board order, a report allocating the backpay award to the appropriate calendar year(s). within 14 days after service by the Region. If the notice to be physically posted was posted electronically more than 60 days before physical post- ing 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 Rela- tions Board.” DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4 WE WILL file with the Regional Director for Region 4, within 21 days of the date the amount of backpay is fixed by agreement or Board order or such additional time as the Regional Director may allow for good cause shown, a copy of Mary Weaver’s corresponding W-2 form(s) re- flecting her backpay award. WE WILL, within 14 days from the date of the Board’s Order, remove from our files any reference to our unlaw- ful discharge of Mary Weaver and WE WILL, within 3 days thereafter, notify her in writing that this has been done and that her discharge will not be used against her in any way. MAVERICK FULFILLMENT, LLC The Board’s decision can be found at www.nlrb.gov/case/04-CA-323653 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.