All Purpose Services, Inc.,

National Labor Relations Board - Board Decisions

Nov 24, 2004

343 N.L.R.B. 85 (N.L.R.B. 2004)

343 NLRB No. 85
All Purpose Services, Inc. and Butte-Anaconda Paint-
ers Local Union #720, International Union of
Painters and Allied Trades, AFL–CIO and Gary
A. Satterlee. Cases 19–CA–29261 and 19–CA–
29318
November 24, 2004
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN AND
SCHAUMBER
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the consolidated complaint. Upon a charge
filed by the Union on May 24, 2004, in Case 19–CA–
29261, and a charge filed by Gary A. Satterlee on July
12, 2004, in Case 19–CA–29318, the General Counsel
issued the consolidated complaint (complaint) on August
31, 2004, against All Purpose Services, Inc., the Respon-
dent, alleging that it has violated Section 8(a)(1) and (3)
of the Act. The Respondent failed to file an answer.
On October 20, 2004, the General Counsel filed a Mo-
tion for Default Judgment with the Board. On October
21, 2004, the Board issued an order transferring the pro-
ceeding 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 the 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 consolidated complaint affirma-
tively stated that unless an answer was filed by Septem-
ber 14, 2004, all the allegations in the complaint would
be considered admitted. Further, the undisputed allega-
tions in the General Counsel’s motion disclose that the
Region, by letter dated October 8, 2004, notified the Re-
spondent that unless an answer was received by October
15, 2004, a motion for default judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer, we grant the General Coun-
sel’s Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
The Respondent is a State of Montana corporation,
with an office and place of business in Missoula, Mon-
tana, where it is engaged in the business of commercial
painting.
The Respondent, during the 12-month period preced-
ing issuance of the complaint, which period is represen-
tative of all material times, in the course and conduct of
its business operations, sold and shipped goods or pro-
vided services from its facilities within the State of Mon-
tana to customers outside Montana, or sold and shipped
goods or provided services to customers within Montana,
which customers were themselves engaged in interstate
commerce by other than indirect means, of a total value
in excess of $50,000.
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 Butte-Anaconda Painters Local
Union #720, International Union of Painters and Allied
Trades, AFL–CIO 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 names and have
been supervisors within the meaning of Section 2(11) of
the Act and agents within the meaning of Section 2(13)
of the Act acting on the Respondent’s behalf:
Kevin Petri—Owner
Todd Hayes–Foreman
On about the dates set forth opposite their names, the
Respondent terminated the employees named below:
Gary Satterlee—April 14, 2004
George Connors—May 10, 2004
The Respondent discharged Connors and Satterlee be-
cause they assisted the Union and engaged in concerted
activities, and to discourage employees from engaging in
these activities.
CONCLUSION OF LAW
By discharging employees Connors and Satterlee, the
Respondent discriminated in regard to the hire or tenure
or terms and conditions of employment of its employees,
thereby discouraging membership in a labor organiza-
tion, in violation of Section 8(a)(3) and (1) of the Act.
The Respondent’s unfair labor practices 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
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
found that the Respondent has violated Section 8(a)(3)
and (1) of the Act by discharging employees George
Connors and Gary Satterlee, we shall order the Respon-
dent to offer them full reinstatement to their former jobs
or, if those jobs no longer exist, to substantially equiva-
lent positions, without prejudice to their seniority or any
other rights and privileges previously enjoyed, and to
make them whole for any loss of earnings and other
benefits suffered as a result of the discrimination against
them. Backpay shall be computed in accordance with F.
W. Woolworth Co., 90 NLRB 289 (1950), with interest
as prescribed in New Horizons for the Retarded, 283
NLRB 1173 (1987).
The Respondent shall also be required to remove from
its files all references to the unlawful discharges of Con-
nors and Satterlee, and to notify them in writing that this
has been done and that the discharges will not be used
against them in any way.
ORDER
The National Labor Relations Board orders that the
Respondent, All Purpose Services, Inc., Missoula, Mon-
tana, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Discharging employees because they assist Butte-
Anaconda Painters Local Union #720, International Un-
ion of Painters and Allied Trades, AFL–CIO, or any
other labor organization, or because they engage in con-
certed 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
George Connors and Gary Satterlee full reinstatement to
their former jobs or, if those jobs no longer exist, to sub-
stantially equivalent positions, without prejudice to their
seniority or any other rights and privileges previously
enjoyed.
(b) Make whole George Connors and Gary Satterlee
for any loss of earnings and other benefits suffered as a
result of their unlawful discharges, with interest, in the
manner set forth in the remedy section of this decision.
(c) Within 14 days from the date of this Order, remove
from its files all references to the unlawful discharges of
George Connors and Gary Satterlee, and within 3 days
thereafter, notify them in writing that this has been done
and that the unlawful discharges will not be used against
them in any way.
(d) 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 re-
cords and reports, and all other records, including an
electronic copy of such records if stored in electronic
form, necessary to analyze the amount of backpay due
under the terms of this Order.
(e) Within 14 days after service by the Region, post at
its facility in Missoula, Montana, copies of the attached
notice marked “Appendix.”1 Copies of the notice, on
forms provided by the Regional Director for Region 19,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places,
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced, or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate 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 April 14, 2004.
(f) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
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 any union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection

1 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 Na-
tional 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.”
ALL PURPOSE SERVICES 3
Choose not to engage in any of these protected
activities.
WE WILL NOT discharge employees because they assist
Butte-Anaconda Painters Local Union #720, Interna-
tional Union of Painters and Allied Trades, AFL–CIO, or
any other labor organization, or because they engage in
concerted activities.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL, within 14 days from the date of the Board’s
Order, offer George Connors and Gary Satterlee full re-
instatement to their former jobs or, if those jobs no
longer exist, to substantially equivalent positions, with-
out prejudice to their seniority or any other rights and
privileges previously enjoyed.
WE WILL make whole George Connors and Gary
Satterlee for any loss of earnings and other benefits suf-
fered as a result of their unlawful discharges, with inter-
est.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files all references to the unlaw-
ful discharges of George Connors and Gary Satterlee,
and WE WILL, within 3 days thereafter, notify them in
writing that this has been done, and that the unlawful
discharges will not be used against them in any way.
ALL PURPOSE SERVICES, INC.