B & B Fire Protection, Inc.

National Labor Relations Board - Board Decisions

Jan 23, 2006

346 N.L.R.B. 29 (N.L.R.B. 2006)

346 NLRB No. 29
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.
B & B Fire Protection, Inc. and Road Sprinkler Fit-
ters Local Union No. 669, U.A., United Associa-
tion of Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the United
States and Canada, AFL–CIO. Case 5–CA–
32503
January 23, 2006
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 complaint. Upon a charge filed by the
Union on May 16, 2005, the Acting General Counsel
issued the complaint on August 30, 2005, against B & B
Fire Protection, Inc., the Respondent, alleging that it has
violated Section 8(a)(1) and (5) of the Act. The Respon-
dent failed to file an answer.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
On November 15, 2005, the Acting General Counsel
filed with the Board a Motion for Default Judgment. On
November 16, 2005, 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 did not file a response. The allegations in the
motion are therefore undisputed.
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 stated
that unless an answer was filed by September 13, 2005,
all the allegations in the complaint would be considered
admitted. Further, the undisputed allegations in the Mo-
tion for Default Judgment disclose that the Region, by
letter dated September 21, 2005, advised the Respondent
that unless an answer was received by October 5, 2005, 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, a Maryland corporation with an of-
fice and place of business in Washington, D.C., is en-
gaged in the business of providing fire sprinkler systems
to commercial and residential customers; and the design,
fabrication, engineering, installation, and service of fire
sprinkler systems in the Washington, D.C. metropolitan
area.
During the 12-month period preceding issuance of the
complaint, the Respondent, in conducting its business
operations described above, performed services valued in
excess of $50,000 in states other than the State of Mary-
land.
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 Road Sprinkler Fitters Local Un-
ion No. 669, U.A., United Association of Journeymen
and Apprentices of the Plumbing and Pipefitting Industry
of the United States and Canada, AFL–CIO (the Union)
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, listed
opposite the appropriate titles, have been supervisors of
the Respondent within the meaning of Section 2(11) of
the Act and agents of the Respondent within the meaning
of Section 2(13) of the Act:
Brock Bowman - Owner
Ed Brooks - Owner
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:
All Journeymen Sprinkler Fitters and Apprentices in
the employ of Respondent, who are engaged in all
work as set forth in Article 18 of the Agreement.
The National Fire Sprinkler Association, Inc., has been
an organization composed of employers engaged in the
construction industry and exists for the purpose, among
other things, of representing its employer-members in
negotiating and administering collective-bargaining
agreements.
On or about April 1, 2000, the Union entered into a
collective-bargaining agreement with the National Fire
Sprinkler Association, Inc., effective for the period April
1, 2000 to April 1, 2005.
On or about March 26, 2000, the Respondent, an em-
ployer engaged in the building and construction industry,
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
granted recognition to the Union as the exclusive collec-
tive-bargaining representative of the unit and, since that
date, the Union has been recognized as the representative
by the Respondent without regard to whether the major-
ity status of the Union had ever been established under
the provisions of Section 9(a) of the Act.1
On or about August 26, 2004, the Union, by letter, re-
quested that the Respondent furnish the Union with the
following information:
(1) All jobs worked by the Respondent from April 1,
2004, to the present, including job name and specific
job location, and an indication whether the job was ac-
tive, completed, or under contract.
(2) A listing of all individuals employed by the Re-
spondent on the jobs listed above, including their full
name, job classification, hours worked, rate of pay,
amount of benefits paid, and travel expenses or subsis-
tence received (if any).
Further, on or about November 22, 2004, and February
15 and March 31, 2005, the Union renewed its request
for the information described above.
The information requested by the Union, as described
above, is necessary for, and relevant to, the Union’s per-
formance of its duties as the limited exclusive collective-
bargaining representative of the unit.2
Since on or about November 22, 2004, the Respon-
dent, by Edward Brooks and Brock Bowman, have failed
and refused to furnish the Union with the requested in-
formation described above.
CONCLUSION OF LAW
By failing and refusing to furnish the Union with the
information it requested in its letter dated August 26,
2004, with the exception of employees’ social security
numbers, the Respondent has failed and refused to bar-
gain collectively and in good faith with the limited ex-
clusive collective-bargaining representative of its unit
employees, and has thereby engaged in unfair labor prac-

1 The complaint alleges that the Respondent is a construction indus-
try employer and that it granted recognition to the Union without regard
to whether the Union had established majority status. Accordingly, we
find that the relationship was entered into pursuant to Sec. 8(f) of the
Act and that the Union is therefore the limited 9(a) representative of the
unit employees for the period covered by the contract. See, e.g., A.S.B.
Cloture, Ltd., 313 NLRB 1012 (1994).
2 The Union’s August 26, 2004 letter also requested the social secu-
rity numbers of the individuals employed on the jobs in question. The
Board has held that social security numbers are not presumptively
relevant. See American Gem Sprinkler Co., 316 NLRB 102, 104 fn. 7
(1995). The complaint, however, does not allege that the Respondent
was obligated to furnish the Union with employees’ social security
numbers.
tices affecting commerce within the meaning of Section
8(a)(1) and (5) and 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 has violated Section 8(a)(1)
and (5) by failing and refusing to provide the Union with
information that is relevant and necessary to its role as
the limited exclusive bargaining representative of the
unit employees, we shall order the Respondent to furnish
the Union with the information it requested in its letter
dated August 26, 2004, with the exception of social secu-
rity numbers.
ORDER
The National Labor Relations Board orders that the
Respondent, B & B Fire Protection, Inc., Washington,
D.C., its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to furnish Road Sprinkler Fit-
ters Local Union No. 669, U.A., United Association of
Journeymen and Apprentices of the Plumbing and Pipe-
fitting Industry of the United States and Canada, AFL–
CIO with information necessary for and relevant to the
performance of its duties as the limited exclusive collec-
tive-bargaining representative of the employees in the
following unit:
All Journeymen Sprinkler Fitters and Apprentices in
the employ of Respondent, who are engaged in all
work as set forth in Article 18 of the Agreement.
(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) Furnish the Union with the information it requested
in its letter dated August 26, 2004, with the exception of
employees’ social security numbers.
(b) Within 14 days after service by the Region, post at
its facility in Washington, D.C., copies of the attached
notice marked “Appendix.”3 Copies of the notice, on
forms provided by the Regional Director for Region 5,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-

3 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
B & B FIRE PROTECTION, INC. 3
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 November 22, 2004.
(c) 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.
Dated, Washington, D.C. January 23, 2006
Robert J. Battista, Chairman
Wilma B. Liebman, Member
Peter C. Schaumber, 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 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
activities.
WE WILL NOT fail and refuse to furnish Road Sprinkler
Fitters Local Union No. 669, U.A., United Association of
Journeymen and Apprentices of the Plumbing and Pipe-
fitting Industry of the United States and Canada, AFL–
CIO with information necessary for and relevant to the
performance of its duties as the limited exclusive collec-
tive-bargaining representative of the employees in the
bargaining unit. The unit is:
All Journeymen Sprinkler Fitters and Apprentices in
our employ, who are engaged in all work as set forth in
Article 18 of the Agreement.
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 furnish the Union with the information it re-
quested by letter dated August 26, 2004, with the excep-
tion of employees’ social security numbers.
B & B FIRE PROTECTION, INC.