Cornerstone Masonry Constructors

National Labor Relations Board - Board Decisions

Dec 8, 2004

343 N.L.R.B. 971 (N.L.R.B. 2004)

CORNERSTONE MASONRY CONSTRUCTORS
343 NLRB No. 106
971
Cornerstone Masonry Constructors, LLC and Lanny
McCord, d/b/a Earthborn Masonry, a Single
Employer/Alter Egos and International Union of
Bricklayers and Allied Craftworkers Local 9
Michigan, AFL–CIO. Cases 7–CA–46945 and 7–
CA–47043
December 8, 2004
DECISION AND ORDER
BY MEMBERS LIEBMAN, SCHAUMBER, AND MEISBURG
The General Counsel seeks a default judgment in this
case on the ground that the Respondents have failed to
file an answer to the consolidated amended complaint.
Upon a charge filed by the Union in Case 7–CA–46945
on December 10, 2003, and a charge and amended
charge filed by the Union in Case 7–CA–47043 on Janu-
ary 14 and March 26, 2004, respectively, the General
Counsel issued the consolidated amended complaint on
March 31, 2004, against Cornerstone Masonry Construc-
tors, LLC and Lanny McCord, d/b/a Earthborn Masonry,
a Single Employer/Alter Egos, the Respondents, alleging
that they have violated Section 8(a)(1), (3), and (5) of the
Act. The Respondents failed to file an answer.
On April 23, 2004, the General Counsel filed a Motion
for Default Judgment with the Board. On April 29,
2004, the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why the
motion should not be granted. The Respondents 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 complaint affirmatively stated
that unless an answer was filed by April 14, 2004, all the
allegations in the complaint would be considered admit-
ted.
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
At all material times, Respondent Cornerstone, a cor-
poration, with an office and place of business at 302 S.
Summit, Webberville, Michigan, has been engaged in the
construction industry as an installer of commercial ma-
sonry.
At all material times, Respondent Earthborn has been
owned by Lanny McCord, as a sole proprietorship, doing
business as Earthborn Masonry, with an office and place
of business at 302 S. Summit, Webberville, Michigan,
and has been engaged in the construction industry as an
installer of commercial masonry.
During 2003, the Respondents, in conducting the busi-
ness operations described above, derived gross revenues
in excess of $500,000, and purchased goods and materi-
als valued in excess of $50,000, which were shipped to
their Webberville facility from Michigan distributors that
purchased and received the goods directly from suppliers
located outside the State of Michigan.
At all material times, Michigan Council of Employers
of Bricklayers and Allied Craftworkers (MCE), the As-
sociation, has been an organization composed of em-
ployers engaged in the construction industry, which ex-
ists, in whole or in part, for the purpose of representing
its employer-members in negotiating and administering
collective-bargaining agreements with various labor or-
ganizations, including the Charging Party Union.
At all material times, the Respondents have been em-
ployer-members of the Association and have designated
the Association to represent them in negotiating and ad-
ministering collective-bargaining agreements with vari-
ous labor organizations, including the Charging Party
Union.
During 2003, the employer-members of the Associa-
tion collectively had gross revenues in excess of
$500,000 and, in the course and conduct of their business
operations, purchased and received at their Michigan
jobsites, goods and materials valued in excess of $50,000
directly from points located outside the State of Michi-
gan.
We find that, at all material times, each of the Respon-
dents has been an employer engaged in commerce within
the meaning of Section 2(2), (6), and (7) of the Act, and
that International Union of Bricklayers and Allied Craft-
workers Local 9 Michigan, 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, Lanny J. McCord has held the
position of president/owner and has been a supervisor of
the Respondents within the meaning of Section 2(11) of
the Act and an agent of the Respondents within the
meaning of Section 2(13) of the Act.
The following employees (the unit) constitute a unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act:
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD972
All employees performing work covered under the
terms of the collective-bargaining agreement between
the Association and the Charging Union within the ju-
risdiction of the Charging Union, who are members of
any Local Union affiliated with the Charging Union,
and also of such other employees recognized by law as
part of the appropriate collective bargaining unit.
Since about January 31, 2001, and at all material
times, the Union has been the designated exclusive col-
lective-bargaining representative of the unit and since
then has been recognized as such by Respondent Corner-
stone. This recognition has been embodied in a recogni-
tion agreement dated January 31, 2001, and in successive
collective-bargaining agreements, the most recent of
which is effective from August 1, 2003, to April 30,
2005.
At all times since at least January 1, 2001, based on
Section 9(a) of the Act, the Union has been the exclusive
representative of the unit.
On about November 5, 2003, Respondent Earthborn
was established by Respondent Cornerstone as a subor-
dinate instrument to and a disguised continuation of Re-
spondent Cornerstone.
Since November 5, 2003, Respondent Earthborn has
continued to operate the business of Respondent Corner-
stone in basically unchanged form, and has employed as
a majority of its unit employees individuals who were
previously unit employees of Respondent Cornerstone.
Based on the conduct described above, Respondent
Cornerstone and Respondent Earthborn are, and have
been at all material times, alter egos and a single em-
ployer.
Based on the operations described above, Respondent
Earthborn has continued the employing entity and is a
successor to Respondent Cornerstone.
On about November 5, 2003, the Respondents, by their
agent, Lanny McCord, threatened employees that they
should resign from their jobs with the Respondents if
they did not want to work nonunion.
On about November 5, 2003, by the conduct described
above, the Respondents caused the termination of their
employees, Elton Henry and Robert Thomas.
The Respondents engaged in the conduct described
above because Henry and Thomas supported the Union
and engaged in concerted activities, and to discourage
employees from engaging in these activities or any other
activities in support of a labor organization.
On November 12, 2003, by certified mail, the Union,
by its business agent, James Bitzer, requested that Re-
spondent Cornerstone furnish the Union with certain
information, set forth in the attached appendix A.
The information requested by the Union is necessary
for, and relevant to, the Union’s performance of its duties
as the exclusive collective-bargaining representative of
the unit.1
Since about November 12, 2003, the Respondents have
failed and refused to furnish the Union with the informa-
tion it requested.
Since about November 5, 2003, Respondent Earthborn
has refused to recognize or bargain with the Union as the
exclusive collective-bargaining representative of the unit,
and has failed to continue in effect all the terms and con-
ditions of employment of the unit contained in the Au-
gust 2003–April 2005 collective-bargaining agreement
between Respondent Cornerstone and the Union.
The subjects set forth above relate to the wages, hours,
and other terms and conditions of employment of the unit
and are mandatory subjects for the purposes of collective
bargaining.
Respondent Earthborn engaged in the conduct de-
scribed above without the Union’s consent.
As set forth in our findings above, the complaint al-
leges both that Respondent Cornerstone and Respondent
Earthborn are alter egos and a single employer, and also
that Earthborn is a successor employer to Cornerstone.
By failing to file an answer to the complaint, the Re-
spondents have admitted these allegations. Nevertheless,
with respect to Earthborn’s obligations regarding the
Union there is a legally significant distinction to be
drawn between Earthborn’s status as an alter ego of Cor-
nerstone or a single employer with it, and Earthborn’s
status as a successor to Cornerstone.2 As a successor
employer, Earthborn is obligated to bargain with the Un-
ion, but is not required to honor Cornerstone’s collective-
bargaining agreement with the Union. NLRB v. Burns
Security Services, 406 U.S. 168 (1973). See also Fall
River Dyeing Corp. v. NLRB, 482 U.S. 27 (1987). As an
alter ego of and single employer with Cornerstone, how-
ever, Earthborn is bound by the collective-bargaining
agreement entered into between Cornerstone and the
Union. Advance Electric, 268 NLRB 1001, 1004 (1984).
Accordingly, our finding that Earthborn violated Section
8(a)(5) and (1) of the Act by failing to adhere to the
terms and conditions of employment in the 2003–2005

1 Member Schaumber is of the view that when, as here, information
that is requested by a union is not presumptively relevant to the union’s
performance as bargaining representative then the burden is on the
union to demonstrate its relevance when the information is requested
from the employer. See generally his position in Artesia Ready Mix
Concrete, 339 NLRB 1084 (2003). Based on the letter set out as app.
A to this Decision, he finds that requirement was met here.
2 The complaint did not plead these separate and distinct theories in
the alternative. In our view, that approach would have been preferable
to the manner in which the allegations were pled.
CORNERSTONE MASONRY CONSTRUCTORS 973
collective-bargaining agreement is based solely on our
findings that Earthborn is an alter ego of Cornerstone and
that the two Respondents constitute a single employer.
CONCLUSIONS OF LAW
1. By threatening employees that they should resign
from their jobs if they did not want to work nonunion,
the Respondents have interfered with, restrained, and
coerced employees in the exercise of the rights guaran-
teed in Section 7 of the Act, in violation of Section
8(a)(1) of the Act.
2. By causing the termination of employees Elton
Henry and Robert Thomas, the Respondents have dis-
criminated in regard to the hire or tenure or terms and
conditions of employment of their employees, thereby
discouraging membership in a labor organization, in vio-
lation of Section 8(a)(3) and (1) of the Act.
3. By refusing to recognize or bargain with the Union
since November 5, 2003; by failing and refusing to fur-
nish the Union with the information it requested on No-
vember 12, 2003; and by failing to continue in effect all
the terms and conditions of employment contained in the
August 2003–April 2005 contract between Respondent
Cornerstone and the Union, the Respondents have failed
and refused to bargain collectively and in good faith with
the exclusive collective-bargaining representative of its
employees in violation of Section 8(a)(5) and (1) of the
Act.
The Respondents’ unfair labor practices affect com-
merce within the meaning of Section 2(6) and (7) of the
Act.
REMEDY
Having found that the Respondents have engaged in
certain 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 Respondents violated Section 8(a)(3) and
(1) of the Act by causing the termination of employees
Elton Henry and Robert Thomas, we shall order the Re-
spondents to offer Henry and Thomas full reinstatement
to their former jobs, or, if those jobs no longer exist, to
substantially equivalent positions, without prejudice to
their seniority or any other rights or privileges previously
enjoyed, and to make them whole for any loss of earn-
ings and other benefits suffered as a result of the dis-
crimination 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 Respondents shall also be required to remove
from its files all references to the unlawful terminations
of Henry and Thomas, and to notify them in writing that
this has been done and that the terminations will not be
used against them.
In addition, having found that the Respondents have
violated Section 8(a)(5) and (1) of the Act, we shall order
the Respondents to recognize the Union as the exclusive
representative of its unit employees and, on request, to
meet and bargain in good faith with the Union as the
exclusive representative of the unit employees. We also
shall order the Respondents to abide by and give full
force and effect to the August 1, 2003, to April 30, 2005
collective-bargaining agreement.
Further, having found that the Respondents have failed
and refused to apply the terms and conditions of the col-
lective-bargaining agreement, the Respondents shall be
required to make whole the unit employees for any loss
of earnings and other benefits they may have suffered as
a result of the Respondents’ failure to comply with the
agreement since November 5, 2003, in the manner set
forth in Ogle Protection Service, 183 NLRB 682, 683
(1970), enfd. 444 F.2d 502 (6th Cir. 1971), with interest
as prescribed in New Horizons for the Retarded, supra.
In the event that the agreement provides for contributions
to pension and benefit funds, we shall order the Respon-
dents to make all contractually-required contributions to
these funds that they have failed to make since Novem-
ber 5, 2003, including any additional amounts due to the
funds on behalf of the unit employees in accordance with
Merryweather Optical Co., 240 NLRB 1213 (1979). The
Respondents shall reimburse unit employees for any ex-
penses ensuing from its failure to make the required con-
tributions, as set forth in Kraft Plumbing & Heating, 252
NLRB 891 fn. 2 (1980), enfd. 661 F.2d 940 (9th Cir.
1981), such amounts to be computed in the manner set
forth in Ogle Protection Service, supra, with interest as
prescribed in New Horizons for the Retarded, supra.3
In addition, we shall order the Respondents to furnish
the Union with the information it requested on November
12, 2003.
ORDER
The National Labor Relations Board orders that the
Respondents, Cornerstone Masonry Constructors, LLC
and Lanny McCord, d/b/a Earthborn Masonry, a Single
Employer/Alter Egos, Webberville, Michigan, their offi-
cers, agents, successors, and assigns, shall
1. Cease and desist from

3 To the extent that an employee has made personal contributions to
a fund that are accepted by the fund in lieu of the employer’s delin-
quent contributions during the period of the delinquency, the Respon-
dents will reimburse the employee, but the amount of such reimburse-
ment will constitute a setoff to the amount that the Respondents other-
wise owe the fund.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD974
(a) Refusing to recognize and bargain with Interna-
tional Union of Bricklayers and Allied Craftworkers Lo-
cal 9 Michigan, AFL–CIO as the exclusive representative
of employees in the following unit:
All employees performing work covered under the
terms of the collective-bargaining agreement between
the Association and the Charging Union within the ju-
risdiction of the Charging Union, who are members of
any Local Union affiliated with the Charging Union,
and also of such other employees recognized by law as
part of the appropriate collective bargaining unit.
(b) Failing and refusing to apply the terms and condi-
tions of the August 1, 2003, to April 30, 2005 collective-
bargaining agreement entered into with the Union.
(c) Failing and refusing to furnish the Union with in-
formation that is relevant and necessary to the Union’s
performance of its duties as the exclusive collective-
bargaining representative of the unit employees.
(d) Threatening employees that they should resign
from their jobs if they did not want to work nonunion.
(e) Causing the termination of, or otherwise discrimi-
nating against, employees because they support Interna-
tional Union of Bricklayers and Allied Craftworkers Lo-
cal 9 Michigan, AFL–CIO, or any other labor organiza-
tion, or engage in union or protected concerted activities,
or to discourage employees from engaging in such activi-
ties.
(f) 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) On request, recognize and bargain with the Union
as the exclusive representative of the employees in the
unit concerning terms and conditions of employment
and, if an understanding is reached, embody the under-
standing in a signed agreement.
(b) Abide by all the terms and conditions of the August
2003 to April 2005 collective-bargaining agreement with
the Union.
(c) Make whole all unit employees for any loss of
earnings and other benefits resulting from the Respon-
dents’ refusal to comply with the terms of the collective-
bargaining agreement with the Union, in the manner set
forth in the remedy section of this decision.
(d) Furnish to the Union the information requested in
its letter dated November 12, 2003.
(e) Within 14 days from the date of this Order, offer
Elton Henry and Robert Thomas 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 or privileges previously en-
joyed.
(f) Make Elton Henry and Robert Thomas whole for
any loss of earnings and other benefits resulting from the
unlawful termination of their employment, in the manner
set forth in the remedy section this Decision.
(g) Within 14 days from the date of this Order, remove
from their files all references to the unlawful termina-
tions of Henry and Thomas, and within 3 days thereafter,
notify them in writing that this has been done and that
their unlawful discharges will not be used against 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 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.
(i) Within 14 days after service by the Region, post at
its facility in Webberville, Michigan, copies of the at-
tached notice marked “Appendix B.”4 Copies of the no-
tice, on forms provided by the Regional Director for Re-
gion 7, after being signed by the Respondents’ author-
ized representative, shall be posted by the Respondents
and maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
are customarily posted. Reasonable steps shall be taken
by the Respondents to ensure that the notices are not al-
tered, defaced or covered by any other material. In the
event that, during the pendency of these proceedings, the
Respondents have gone out of business or closed the
facility involved in these proceedings, the Respondents
shall duplicate and mail, at their own expense, a copy of
the notice to all current employees and former employees
employed by the Respondents at any time since Novem-
ber 5, 2003.
(j) 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 Respondents have taken to
comply.
APPENDIX A
November 12, 2003 via fax 517-521-3876 and mail

4 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.”
CORNERSTONE MASONRY CONSTRUCTORS 975
Lanny “J” McCord, Owner
Cornerstone Masonry
302 South Summitt Street
P.O. Box 180
Webberville, MI 48892
Office: 1-517-521-3680
Re: BAC Local 9 Information Requests and Request
for Documents
Dear Mr. McCord:
As you know, I am a business representative for BAC
Local 9. I recently learned that you are operating your
company under a new name, Earth Born Masonry, and
that you told Local 9 members that you were now operat-
ing as a non-union contractor. You also told employees
that they would no be paid any fringe benefits and that
the CBA would not apply. I understand that you have
taken this action in part because a fund audit has shown
that you owe large sums of monies. I attach a copy of the
business card you passed out with the new name you are
using.
Is this information that I relayed in the first paragraph
correct?
Please advise me whether you now intend to operate
“non-union” and why you are operating under a different
name. BAC is entitled to this information to ensure com-
pliance with the current and just negotiated BAC-MCE
CBA. You gave your power of attorney to MCE and sat
in on negotiations for the new CBA.
Local 9 requests that you provide the following docu-
ments in connection with Earth Born Masonry:
A. Articles of incorporation, if any.
B. Assumed name certificate, if any.
C. Payroll records.
D. W-2 tax documents.
77 Requests for Information. Local 9 also requests
information and documents set forth in the attached
document that list 77 questions. This request is entirely
justified based on BAC’s right to enforce the CBA and
the NLRA.
Therefore, BAC demands that you provide the infor-
mation request as set forth above and in the attachment.
Please provide the information as soon as possible. You
should not wait until you have answered all the questions
but should provide answers.
If you have any questions, please call or write to me.
Sincerely,
/s/
James Bitzer
Attachment
INFORMATION REQUEST UNDER NLRA TO
CORNERSTONE MASONRY
FROM BAC LOCAL 9: NOVEMBER 12, 2003
1. Describe the type of business in which Earth Born
Masonry engages and the date it started operations.
2. Define the geographic area in which Cornerstone
Masonry does business.
Define the geographic area in which Earth Born
Masonry does business.
3. State the business address(es) and identify all of-
fice locations of Cornerstone Masonry.
State the business address(es) and identify all of-
fice locations of Gary’s Electric Service.
4. Identify Cornerstone Masonry’s company’s post
office box(es) by number and location.
Identify Earth Born Masonry’s post office box(es)
by number and location.
5. Identify Cornerstone Masonry’s business phone
number(s) and directory listing(s).
Identify your Earth Born Masonry’s business
phone number(s) and directory listing(s).
6. Identify the banking institution, branch location,
and account number of Cornerstone Masonry’s
bank account(s).
Identify the banking institution, branch location,
and account number of Earth Born Masonry’s
bank account(s).
7. Identify the banking institution, branch location,
and account number of Cornerstone Masonry’s
payroll account(s) not identified above.
Identify the banking institution, branch location,
and account number of Earth Born Masonry’s pay-
roll account(s) not identified above.
8. Identify where and by whom Cornerstone Ma-
sonry’s accounting records are kept.
Identify where and by whom Earth Born Ma-
sonry’s accounting records are kept.
9. Identify Cornerstone Masonry’s principal account-
ant.
Identify Earth Born Masonry’s principal account-
ant.
10. Identify where and by whom Cornerstone Ma-
sonry’s corporate records are kept.
Identify where and by whom Earth Born Ma-
sonry’s corporate records are kept.
11. Identify where and by whom Cornerstone Ma-
sonry’s other business record books are kept.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD976
Identify where and by whom Earth Born Ma-
sonry’s other business record books are kept.
12. Identify Cornerstone Masonry’s principal book-
keeper.
Identify Earth Born Masonry’s principal book-
keeper.
13. Identify Cornerstone Masonry’s principal payroll
preparer.
Identify Earth Born Masonry’s principal payroll
preparer.
14. Identify Cornerstone Masonry’s contractor license
number for states where it does construction busi-
ness.
Identify Earth Born Masonry’s contractor license
number for states where it does construction busi-
ness.
15. Identify the carrier and policy number for Corner-
stone Masonry’s workers compensation insurance.
Identify the carrier and policy number for Earth
Born Masonry’s workers’ compensation insur-
ance.
16. Identify the carrier and policy number for Corner-
stone Masonry’s other health insurance pro-
gram(s).
Identify the carrier and policy number for Earth
Born Masonry’s other health insurance pro-
gram(s).
17. (a) Identify Cornerstone Masonry’s federal tax
payer identification number.
Identify Earth Born Masonry’s federal tax payer
identification number.
(b) Identify where and by whom Cornerstone Ma-
sonry’s federal tax returns are kept.
Identify where and by whom Earth Born Ma-
sonry’s federal tax returns are kept.
18. (a) Identify Cornerstone Masonry’s other federal
or state taxpayer identification numbers.
Identify Earth Born Masonry’s other federal or
state taxpayer identification numbers.
(b) Identify where and by whom Cornerstone Ma-
sonry’s other federal or state reports are kept.
Identify where and by whom Earth Born Ma-
sonry’s other federal or state reports are kept.
19. Identify amount(s) Involved, reason(s) for, and
state(s) of transfer of any funds between Corner-
stone Masonry and Earth Born Masonry.
20. Identify source(s) and amount(s) of Cornerstone
Masonry’s line(s) of credit.
Identify the source(s) and amount(s) of Earth Born
Masonry’s line(s) of credit.
21. Identify the amount(s) involved and date(s) when
Cornerstone Masonry has operated with a guaran-
tee of performance by Earth Born Masonry.
Identify the amount(s) involved and date(s) when
Earth Born Masonry has operated with a guarantee
of performance by your Company.
22. Identify business(es) to whom Cornerstone Ma-
sonry rents, leases or otherwise provides office
space.
Identify business(es) to whom Gary Electrical
Service rents, leases or otherwise provides office
space.
Identify the calendar period and terms by which
Cornerstone Masonry provides office space to
Earth Born Masonry, or is provided with office
space by Earth Born Masonry.
23. List all employees of Earth Born Masonry since 1-
1-2003.
24. List all employees of Cornerstone Masonry since
1-1-2003.
25. What did Lanny McCord tell employees on
Wednesday, November 5, 2003 about Earth Born
Masonry.
26. Name the employees that have worked for Earth
Born Masonry since 11-5-2003, and state their job
title, wage rate, benefits and job site location.
27. Name the employees that have worked for Corner-
stone Masonry since 11-5-2003, and state their job
title, wage rate, benefits and job site location.
28. What is current status of Cornerstone Masonry? Is
it open and operating?
29. Is Cornerstone Masonry being audited by the BAC
fringe benefit funds?
30. Regarding equipment, transactions between Cor-
nerstone Masonry and Earth Born Masonry, iden-
tify the purchase, rental, or lease rate, equipment
involved, calendar period, and dollar volume of
each transaction.
31. Regarding equipment, transactions between Cor-
nerstone Masonry and business(es) separate from
Earth Born Masonry, identify the purchase, rental,
or lease rate, equipment involved, calendar period,
and dollar volume of each transaction.
32. Regarding equipment, transactions between Earth
Born Masonry and its business(es) separate from
CORNERSTONE MASONRY CONSTRUCTORS 977
your company, identify the purchase, rental, or
lease rate, equipment involved, calendar period,
and dollar volume of each transaction.
33. Identify those of the following services that are
provided to Earth Born Masonry by or at your
company.
(a) administrative
(b) bookkeeping
(c) clerical
(d) detailing
(e) drafting
(f) engineering
(g) estimating
(h) managerial
(i) pattern making
34. Identify those of the following services that are
provided to Cornerstone Masonry by or at Earth
Born Masonry.
(a) administrative
(b) bookkeeping
(c) clerical
(d) detailing
(e) drafting
(f) engineering
(g) estimating
(h) managerial
(i) pattern making
(j) sketching
(k) other
35. Identify where Cornerstone Masonry advertises
for business.
Identify where Earth Born Masonry advertises for
business.
36. Identify Cornerstone Masonry’s customers.
Identify Earth Born Masonry’s customers.
37. Identify customers Cornerstone Masonry has re-
ferred to Earth Born Masonry.
Identify customers Earth Born Masonry has re-
ferred to Cornerstone Masonry.
38. What customers of Earth Born Masonry are now
or were formerly customers of your company.
39. Regarding customers identified above as common
to Cornerstone Masonry and Earth Born Masonry,
state the calendar period and dollar volume of
work performed for the customer by your com-
pany.
Regarding customers identified above as common
to Cornerstone Masonry and Earth Born Masonry,
state the calendar period and dollar volume of
work performed for the customer by Earth Born
Masonry.
40. State the dollar volume of business per job per-
formed by your company.
State the dollar volume of business per job per-
formed by Earth Born Masonry.
Does Cornerstone Masonry negotiate jobs to ob-
tain work?
Does Earth Born Masonry negotiate jobs to obtain
work?
42. Does Cornerstone Masonry bid jobs to obtain
work?
Does Earth Born Masonry bid jobs to obtain
work?
43. Identify those persons who bid and/or negotiate
Cornerstone Masonry’s work.
Identify those persons who bid and/or negotiate
Earth Born Masonry’s work.
44. State the dollar volume minimum and/or maxi-
mum (if any) as established by law or regulation,
that Earth Born
Masonry may bid on public work projects.
State the dollar volume minimum and/or maxi-
mum (if any) as established by law or regulation,
that Cornerstone Masonry may bid on public work
projects.
45. Identify by customer, calendar period, and dollar
volume any job(s) on which Cornerstone Masonry
and Earth Born Masonry have bid competitively.
46. Identify by customer, calendar period, and dollar
volume any work which Cornerstone Masonry has
subcontracted to, or received by subcontract from
Earth Born Masonry.
47. Identify subcontract work arranged by written
agreement between Cornerstone Masonry and
Earth Born Masonry.
48. State the reason for each subcontract let by Cor-
nerstone Masonry to Earth Born Masonry. State
the reason for each subcontract let by Earth Born
Masonry.
49. Identify by customer, calendar period, and dollar
volume any projects on which Cornerstone Ma-
sonry has succeeded, or been succeeded by, Earth
Born Masonry.
50. Identify work Cornerstone Masonry performs on
Earth Born Masonry’s equipment and tools.
Identify work Earth Born Masonry performs on
Cornerstone Masonry’s equipment and tools.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD978
51. Identify where Cornerstone Masonry advertises
for employment hires.
Identify where Earth Born Masonry advertises for
employment hires.
52. Identify by job title or craft position the number of
employees employed by Earth Born Masonry
since November 22, 1990.
53. Identify the skills that Cornerstone Masonry’s
employees possess. Identify the skills that Earth
Born Masonry’s employees possess.
54. Identify where Cornerstone Masonry’s employees
report for work. Identify where Earth Born Ma-
sonry employees report for work.
55. Identify by job title or craft position and respective
employment dates those employees at Cornerstone
Masonry who are or have been employees Earth
Born Masonry.
56. Identify by job title or craft position and respective
employment dates those employees of Earth Born
Masonry who are or have been employees at your
company.
57. Identify by job title or craft position and transfer
dates those employees otherwise transferred be-
tween Cornerstone Masonry and Earth Born Ma-
sonry.
58. Identify projects of each company on which these
employees are working at the time of transfer.
59. Identify Cornerstone Masonry’s (a) supervisors,
(b) job superintendents, and (c) forepersons or
other supervisory persons with authority to hire
transfer, suspend, lay off, recall, promote, dis-
charge, assign, reward, or discipline other employ-
ees, or responsible to direct employees, or to adjust
their grievances, or effectively to recommend such
action.
Identify Earth Born Masonry’s (a) supervisors, (b)
job superintendents, and (c) forepersons or other
supervisory persons with authority to hire transfer,
suspend, layoff, recall, promote, discharge, assign,
reward, or discipline other employees, or responsi-
ble to direct employees to adjust their grievances,
or effectively to recommend such action.
60. Regarding those supervisory persons described
above as common to Cornerstone Masonry and
Earth Born Masonry, identify the period(s) of em-
ployment with each company.
61. Identify Cornerstone Masonry’s personnel ever
authorized to supervise Earth Born Masonry’s
employees. Identify Earth Born Masonry’s Cor-
nerstone Masonry’s personnel ever authorized to
supervise Cornerstone Masonry’ s employees.
62. Identify by project involved, personnel involved,
and date of event, any occasion when Cornerstone
Masonry’s personnel performed a supervisory
function for Earth Born Masonry.
Identify by project involved, personnel involved,
and date of event, any occasion when Earth Born
Masonry’s personnel performed a supervisory
function for your company.
63. Identify Cornerstone Masonry’s managerial per-
sonnel having authority to formulate and effectuate
management policies or otherwise able to recom-
mend or to exercise discretionary action within or
even independently of established policy.
Identify Earth Born Masonry’s managerial per-
sonnel having authority to formulate and effectuate
management policies or otherwise able to recom-
mend or to exercise discretionary action within or
even independently of established policy.
64. Identify Cornerstone Masonry’s representative
who have authority to hire, transfer, suspend, lay-
off, recall, promote, discharge, assign, reward or
discipline supervisory personnel, or responsible to
direct supervisory personnel, or to adjust their
grievances, or effectively recommend such action.
Identify Earth Born Masonry’s representative who
have authority to hire, transfer, suspend, layoff re-
call, promote, discharge, assign, reward or disci-
pline supervisory personnel, or responsible to di-
rect supervisory personnel, or to adjust their griev-
ances, or effectively recommend such action.
65. Identify Cornerstone Masonry’s representatives
otherwise actively involved with day-to-day man-
agement or operations.
Identify Earth Born Masonry’s representative rep-
resentatives otherwise actively involved with day-
to-day management or operations.
66. Identify by title and respective dates of employ-
ment those managerial personnel of Cornerstone
Masonry ever employed by Earth Born Masonry.
Identify by title and respective dates of employ-
ment those managerial personnel of Earth Born
Masonry ever employed by your company.
67. Describe Cornerstone Masonry’s compensation
program including employee wage rates.
Describe Earth Born Masonry’s compensation
program including employee wage rates.
CORNERSTONE MASONRY CONSTRUCTORS 979
68. Describe Cornerstone Masonry’s fringe benefits
program.
Describe Earth Born Masonry’s fringe benefits
program.
69. Identify Cornerstone Masonry’s representative(s)
who establish or otherwise control labor relations.
Identify Earth Born Masonry’ s representative(s)
who establish or otherwise control labor relations.
70. Identify Cornerstone Masonry’s labor relations
representative(s).
Identify Earth Born Masonry’s labor relations rep-
resentative(s).
71. Identify Cornerstone Masonry’s legal counsel on
labor relations matters.
Identify Earth Born Masonry’s legal counsel on
labor relations matters.
72. Identify Cornerstone Masonry’s membership
status in any employer association.
Identify Earth Born Masonry membership status in
any employer association.
73. Identify Cornerstone Masonry’s officers.
Identify Earth Born Masonry’s officers.
74. Identify Cornerstone Masonry’s directors.
Identify Earth Born Masonry’s directors.
75. Identify place(s) and date(s) of Cornerstone Ma-
sonry’s directors meetings.
Identify place(s) and date(s) of Earth Born Ma-
sonry’s directors meetings.
76. Identify Cornerstone Masonry’s owners and/or
stockholders.
Identify Earth Born Masonry’s owners and/or
stockholders.
77. Identify the ownership interest held among Cor-
nerstone Masonry’s owners and/or stockholders.
Identify the ownership interest held among owners
and/or stockholders of Earth Born Masonry.
APPENDIX B
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 refuse to recognize and bargain with In-
ternational Union of Bricklayers and Allied Craftworkers
Local 9 Michigan, AFL–CIO as the exclusive representa-
tive of employees in the following unit:
All employees performing work covered under the
terms of the collective-bargaining agreement between
the Association and the Charging Union within the ju-
risdiction of the Charging Union, who are members of
any Local Union affiliated with the Charging Union,
and also of such other employees recognized by law as
part of the appropriate collective bargaining unit.
WE WILL NOT fail and refuse to apply the terms and
conditions of the August 1, 2003, to April 30, 2005 col-
lective-bargaining agreement entered into with the Un-
ion.
WE WILL NOT fail and refuse to furnish the Union with
information necessary for and relevant to the Union’s
performance of its duties as the exclusive collective-
bargaining representative of the unit employees.
WE WILL NOT threaten employees that they should re-
sign from their jobs if they did not want to work nonun-
ion.
WE WILL NOT cause the termination of, or otherwise
discriminate against, employees because they support
International Union of Bricklayers and Allied Craftwork-
ers Local 9 Michigan, AFL–CIO, or any other labor or-
ganization, or engage in union or protected concerted
activities, or to discourage employees from engaging in
such activities.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
WE WILL, on request, recognize and bargain with Inter-
national Union of Bricklayers and Allied Craftworkers
Local 9 Michigan, AFL–CIO as the exclusive representa-
tive of the employees in the unit concerning terms and
conditions of employment and, if an understanding is
reached, embody the understanding in a signed agree-
ment.
WE WILL abide by all the terms and conditions of the
August 2003 to April 2005 collective-bargaining agree-
ment with the Union.
WE WILL make whole all unit employees for any loss of
earnings and other benefits resulting from our refusal to
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD980
comply with the terms of the collective-bargaining
agreement with the Union, with interest.
WE WILL furnish the Union the information requested
in its letter dated November 12, 2003.
WE WILL, within 14 days from the date of the Board’s
Order, offer Elton Henry and Robert Thomas full rein-
statement to their former jobs or, if those jobs no longer
exist, to substantially equivalent positions, without
prejudice to their seniority or any other rights or privi-
leges previously enjoyed.
WE WILL make Elton Henry and Robert Thomas whole
for any loss of earnings and other benefits resulting from
the unlawful termination of their employment, with in-
terest.
WE WILL, within 14 days from the date of this Order,
remove from our files all references to the unlawful ter-
minations of Elton Henry and Robert Thomas, and
within 3 days thereafter, notify them in writing that this
has been done and that their unlawful discharges will not
be used against them in any way.
CORNERSTONE MASONRY CONSTRUCTORS, LLC
AND LANNY MCCORD, D/B/A EARTHBORN
MASONRY, A SINGLE EMPLOYER/ALTER EGOS