Courtyard Manor of Livonia

National Labor Relations Board - Board Decisions

Apr 21, 2004

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

NOTICE: This opinion is subject to formal revision swdwww before publication
in the bound volumes of NLRB decisions. Readers are requested to notify
the Executive Secretary, National Labor Relations Board, Washington,
D.C. 20570, of any typographical or other formal errors so that correc-
tions can be included in the bound volumes.
Courtyard Manor of Livonia and Local 79, Service
Employees International Union, AFL–CIO.
Cases 7–CA–46860, 7–CA–46907, and 7–CA–
47054
April 21, 2004
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS WALSH AND
MEISBURG
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 charges
and an amended charge filed by the Union between No-
vember 18, 2003, and January 15, 2004, the General
Counsel issued the consolidated complaint on February
12, 2004, against Courtyard Manor of Livonia, the Re-
spondent, alleging that it has violated Section 8(a)(1) and
(3) of the Act. The Respondent failed to file an answer.
On March 19, 2004, the General Counsel filed a Mo-
tion for Default Judgment with the Board. On March 23,
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 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 February
26, 2004, all the allegations therein would be considered
admitted. Further, the undisputed allegations in the Gen-
eral Counsel’s motion disclose that the Region, by letter
dated February 27, 2004, notified the Respondent that
unless an answer was received by March 11, 2004, a mo-
tion for default judgment would be filed.
In the absence of good cause being shown for the fail-
ure to file a timely answer,1 we grant the General Coun-
sel’s Motion for Default Judgment.

1 Copies of the consolidated complaint and the February 27 letter
were sent to the Respondent by both certified and regular mail. The
copy of the consolidated complaint sent by certified mail was returned
marked “unclaimed.” The copies of the consolidated complaint and
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a corporation
with an office and facility in Livonia, Michigan, has been
engaged in the operation of an assisted living facility for
the elderly, specializing in residents suffering from Alz-
heimer’s disease and dementia.
During the 12-month period preceding the filing of the
charge in Case 7–CA–46860, a representative period, the
Respondent, in conducting its operations described
above, derived gross revenues in excess of $100,000 and
purchased and received at its Livonia facility natural gas
valued in excess of $10,000 from CMS Energy Corp., 80
percent of which was received by CMS Energy Corp.
directly from points outside the State of Michigan.
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 Local 79, Service Employees In-
ternational Union, 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, unless otherwise indicated, the
following individuals held the positions set forth oppo-
site their names and have been supervisors of the Re-
spondent within the meaning of Section 2(11) of the Act
and agents of the Respondent within the meaning of Sec-
tion 2(13) of the Act:

Rubin Chandok–Executive Director until Janu-
ary 2004; part owner
Julie Jones–Executive Director since January
2004
Sharon Clontz–Director of Operations until No-
vember 21, 2003
Julie Bell–Human Resource/Payroll Manager
Iyonna Hughley–Day-Shift Supervisor-direct
care

On about the dates set forth opposite their names, the
Respondent suspended for 60 days the following em-
ployees:

Angela Thomas–November 17, 2003
Teresa Benton–November 18, 2003
Tanissa May–November 25, 2003

February 27 letter sent by regular mail were not returned. It is well
settled that a respondent’s failure or refusal to claim certified mail or to
provide for receiving appropriate service cannot serve to defeat the
purposes of the Act. See I.C.E. Electric, Inc., 339 NLRB No. 36, slip
op. at 1 fn. 2 (2003), and cases cited there. Further, the failure of the
Postal Service to return documents sent by regular mail indicates actual
receipt. Id.
341 NLRB No. 85
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2

On about January 14, 2004, the Respondent terminated
the employment of Angela Thomas, Teresa Benton, and
Tanissa May.
The Respondent engaged in the conduct described
above because the named employees joined and assisted
the Union and to discourage employees from engaging in
these and other protected concerted activities.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been discriminating in regard to the hire or tenure or
terms or 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
found that the Respondent has violated Section 8(a)(3)
and (1) by suspending and terminating employees An-
gela Thomas, Teresa Benton, and Tanissa May, we shall
order the Respondent to offer the discriminatees 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 or
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 any and all references to the unlawful suspensions
and terminations, and to notify Angela Thomas, Teresa
Benton, and Tanissa May in writing that this has been
done and that the suspensions and terminations will not
be used against them in any way.
ORDER
The National Labor Relations Board orders that the
Respondent, Courtyard Manor of Livonia, Livonia,
Michigan, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Suspending, terminating, or otherwise discriminat-
ing against employees because they join and assist Local
79, Service Employees International Union, AFL–CIO,
or any other labor organization, and to discourage em-
ployees from engaging in such 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
Angela Thomas, Teresa Benton, and Tanissa May full
reinstatement to their former jobs or, if those jobs no
longer exist, to substantially equivalent positions, with-
out prejudice to their seniority or other rights and privi-
leges previously enjoyed.
(b) Make whole Angela Thomas, Teresa Benton, and
Tanissa May for any loss of earnings and other benefits
suffered as a result of their unlawful suspensions and
terminations, 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 any and all references to the unlawful sus-
pensions and terminations of Angela Thomas, Teresa
Benton, and Tanissa May, and within 3 days thereafter,
notify them in writing that this has been done and that
the unlawful suspensions and terminations 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 elec-
tronic 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 Livonia, Michigan, copies of the attached
notice marked “Appendix.”2 Copies of the notice, on
forms provided by the Regional Director for Region 7,
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-

2 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.”

COURTYARD MANOR OF LIVONIA 3
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 17, 2003.
(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.
Dated, Washington, D.C. April 21, 2004

Robert J. Battista, Chairman

Dennis P. Walsh, Member

Ronald Meisburg, 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 or protection
Choose not to engage in any of these protected
activities.

WE WILL NOT suspend, terminate, or otherwise dis-
criminate against employees because they join or assist
Local 79, Service Employees International Union, AFL–
CIO, or any other labor organization, and to discourage
employees from engaging in these and other protected
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 Angela Thomas, Teresa Benton, and Tanissa
May full reinstatement to their former jobs or, if those
jobs no longer exist, to substantially equivalent positions,
without prejudice to their seniority or other rights and
privileges previously enjoyed.
WE WILL make whole Angela Thomas, Teresa Benton,
and Tanissa May for any loss of earnings and other bene-
fits suffered as a result of their unlawful suspensions and
terminations, with interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any and all references to the
unlawful suspensions and terminations of Angela Tho-
mas, Teresa Benton, and Tanissa May, and WE WILL,
within 3 days thereafter, notify them in writing that this
has been done, and that the unlawful suspensions and
terminations will not be used against them in any way.

COURTYARD MANOR OF LIVONIA