ADT Security Services, Inc. and its officers, agents, successors, and assigns, ADT LLC, and Tyco Int

National Labor Relations Board - Board Decisions

Sep 16, 2013

360 NLRB No. 4 (N.L.R.B. 2013)

360 NLRB No. 4
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.
ADT Security Services, Inc. and its officers, agents,
successors, and assigns, ADT LLC, and Tyco In-
tegrated Security LLC and Local 131, Interna-
tional Brotherhood of Electrical Workers
(IBEW), AFL–CIO. Case 07–CA–051288
September 16, 2013
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA
AND HIROZAWA
On September 30, 2010, the National Labor Relations
Board issued a Decision and Order1 that, among other
things, ordered ADT Security Services, Inc. (Respondent
ADT Security) to make whole its employees for any loss
of earnings and other benefits suffered as a result of the
Respondent’s unfair labor practices in violation of Sec-
tion 8(a)(5) and (1) of the Act. On August 3, 2012, the
United States Court of Appeals for the Sixth Circuit en-
tered its judgment enforcing the Board’s Order.2
A controversy having arisen over the amount of
backpay due the discriminatees under the terms of the
Board’s Order, on May 16, 2013, the Regional Director
for Region 7 issued a compliance specification and no-
tice of hearing to Respondent ADT Security, ADT LLC
(Respondent ADT), and Tyco Integrated Security LLC
(Respondent Tyco) (collectively called the Respondents),
setting forth the amounts due, and notifying the Re-
spondents that an answer should be filed complying with
the Board’s Rules and Regulations. On June 5, 2013, the
Respondents filed an answer admitting all of the allega-
tions in the compliance specification, and agreeing that
the Board may issue a remedial order against them con-
sistent with those allegations.3

1 355 NLRB 1388.
2 No. 10-2549.
3 The compliance specification alleges that at all material times until
about June 29, 2012, Respondent ADT Security was a corporation with
an office and facility in Wyoming, Michigan, and was engaged in the
sales, service, and installation of commercial and residential security
systems; that on about June 29, 2012, through various acts of corporate
restructuring, Respondent ADT Security was reorganized into ADT
LLC and Tyco Integrated Security LLC; and that at all material times
since about June 29, 2012, Respondent ADT and Respondent Tyco
have been officers, agents, successors, or assigns of Respondent ADT
Security. The Respondents’ answer admits these allegations, but spe-
cifically states that it admits that Respondent ADT and Respondent
Tyco were agents, successors, or assigns of Respondent ADT Security
“for purposes of this proceeding.”
On July 8, 2013, the Acting General Counsel filed with
the Board a Motion for Summary Judgment, with exhib-
its attached. On July 10, 2013, 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
Respondents filed a response on July 24, 2013, stating
that they do not object to the granting of the motion. The
allegations in the motion and the compliance specifica-
tion are therefore undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
Accordingly, as the Respondents have admitted that all
of the allegations in the compliance specification are true
and agree that the Board may issue a remedial order
against them consistent with those allegations, we grant
the Acting General Counsel’s unopposed Motion for
Summary Judgment. In addition, we conclude that the
amounts due are as set forth in the compliance specifica-
tion, and we will order the Respondents to pay these
amounts, plus interest accrued to the date of payment.
ORDER
The National Labor Relations Board orders that the
Respondents, ADT Security Services, Inc., and its offic-
ers, agents, successors, and assigns, ADT LLC, and Tyco
Integrated Security LLC, Wyoming, Michigan, their of-
ficers, agents, successors, and assigns, shall make whole
the employees named below for the period June 2, 2008
through July 31, 2012, by paying them the amounts fol-
lowing their names, with interest accrued to the date of
payment, as prescribed in New Horizons for the Retard-
ed, 283 NLRB 1173 (1987), compounded daily as pre-
scribed in Kentucky River Medical Center, 356 NLRB
No. 8 (2010), and minus tax withholdings required by
Federal and State laws:
EMPLOYEE NAME TOTAL TRAVEL
TIME OWED
Barker, Kendrick $ 206.10
Berry, Donald 258.09
Blevins, Kent 53.32
Bowman, Joseph 245.91
Brown, Brad 0.00
Case, Anthony 28.75
Castillo, Jerry 13.13
Castillo, Ricardo 788.78
Fisher, Jeff 39.42
Fletcher, William 607.99
Garcia, Alberto 509.65
Haywood, James 291.42
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
Johnson, Trevor 398.54
Just, David 0.00
Korteway, Grant 291.42
Lohroff, Brian 1,003.95
Lowe, Alex 407.64
Lyon, Jeff 447.66
Maurer, Joshua 301.50
Monk, Edward 0.00
Moore, Edward 291.42
Perry, Raymond 528.08
Pizczek, Ken 49.46
Proctor, William 142.20
Riekena, Nate 1,329.16
Rood, Justin 1,547.59
Schmidt, Thomas 0.00
Schmitt, Joseph 15.21
Terhaar, Bradley 276.87
Tyler, Paul 699.71
Walejewski, Thomas 1,443.10
Wojnowski, Edward 0.00
TOTAL AMOUNT DUE: $12,216.07
Dated, Washington, D.C. September 16, 2013
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Philip A. Miscimarra, Member
______________________________________
Kent Y. Hirozawa, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD