C.W. Wright Construction Company, LLC

National Labor Relations Board - Board Decisions

Apr 5, 2018

366 NLRB No. 55 (N.L.R.B. 2018)

366 NLRB No. 55
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.
C.W. Wright Construction Company, LLC and In-
ternational Brotherhood of Electrical Workers,
Local Union 70. Case 05–CA–180732
April 5, 2018
DECISION AND ORDER
BY CHAIRMAN KAPLAN AND MEMBERS MCFERRAN
AND EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that C.W. Wright Construction Com-
pany, LLC (the Respondent) has withdrawn its answer to
the complaint. Upon a charge and an amended charge
filed by International Brotherhood of Electrical Workers,
Local Union 70 (the Union), on July 21 and November 3,
2016, respectively, the General Counsel issued a com-
plaint on November 30, 2016, against the Respondent,
alleging that it has violated Section 8(a)(1) and (3) of the
National Labor Relations Act. Thereafter, on December
14, 2016, the Respondent filed an answer to the com-
plaint. On March 9, 2017, the Acting Regional Director
issued an Order withdrawing paragraphs 8(b) and 12 of
the complaint, and approving the Union’s request to
withdraw the corresponding allegations in paragraph 4 of
the first amended charge. Also on March 9, 2017, the
Respondent withdrew its answer and its affirmative de-
fenses to the complaint.
On March 10, 2017, the General Counsel filed with the
National Labor Relations Board a Motion to Transfer
Case to the Board and for Default Judgment. On March
15, 2017, 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 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 received by December 14,
2016, the Board may find, pursuant to a motion for de-
fault judgment, that the allegations in the complaint are
true. Although the Respondent filed an answer on De-
cember 14, 2016, it subsequently withdrew its answer on
March 9, 2017. The withdrawal of an answer has the
same effect as a failure to file an answer, i.e., the allega-
tions in the complaint must be considered to be true.1
Accordingly, based on the withdrawal of the Respond-
ent’s answer, we deem the allegations in the complaint to
be admitted as true, and grant the General Counsel’s Mo-
tion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a lim-
ited liability company with an office and place of busi-
ness in Forestville, Maryland (the Forestville facility),
and has been an electrical contractor providing services
to the utility industry.
In conducting its operations during the 12-month peri-
od ending October 31, 2016, the Respondent performed
services valued in excess of $50,000 in states other than
the State of Maryland.
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 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 held
the positions set forth opposite their respective names
and 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:
R.J. Akers - General Foreman/General Manager
Mike Diaz - Vice President of Operations/Division
Manager
Hank May - General Foreman
Lee Robbins - President
Larry Young - Division Manager
The following events occurred, giving rise to this pro-
ceeding.
1. The Respondent, by Akers, engaged in the follow-
ing conduct:
(a) About May 17, 2016, in an office at the Forestville
facility, threatened its employees with unspecified re-
prisals should they engage in union activities and/or pro-
tected concerted activities;
(b) About May 25, 2016, in the parking lot at the
Forestville facility, by telling employees that he would
see them later that night, created an impression among its

1 See Maislin Transport, 274 NLRB 529 (1985).
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
employees that their union activities were under surveil-
lance by the Respondent; and
(c) About May 25, 2016, near the Union’s hall in
Forestville, Maryland, engaged in surveillance of em-
ployees’ union activities.
2. About May 2016, the Respondent, by Young, at the
Forestville facility, by telling employees that the Re-
spondent would never go union, informed its employees
that it would be futile for them to select the Union as
their bargaining representative.
3. About June 7, 2016, the Respondent, by Robbins at
a meeting at the Colony South hotel in Clinton, Mary-
land, promised its employees if they refrained from un-
ion organizational activity:
(a) Increased wages; and
(b) Expanded eligibility criteria for per diem benefits.
4. About July 2016, the Respondent, by Diaz at the
Forestville facility, by soliciting employee complaints
and grievances, promised its employees increased bene-
fits and improved terms and conditions of employment if
they refrained from union organizational activity.
5. About June 2016, the Respondent granted a wage
increase to employees employed at the Respondent’s
Northern Division facilities.
6. About June 2016, the Respondent expanded its eli-
gibility criteria for per diem payments for employees
employed at the Respondent’s Northern Division facili-
ties.
CONCLUSIONS OF LAW
1. By the conduct described above in paragraphs 1
through 4, the Respondent has been interfering with, re-
straining, and coercing employees in the exercise of the
rights guaranteed in Section 7 of the Act in violation of
Section 8(a)(1) of the Act.
2. By the conduct described above in paragraphs 5 and
6, 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 organization in violation of Section 8(a)(1) and (3)
of the Act.
3. The Respondent’s unfair labor practices described
above 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.
ORDER
The National Labor Relations Board orders that the
Respondent, C.W. Wright Construction Company, LLC,
Forestville, Maryland, its officers, agents, successors,
and assigns shall
1. Cease and desist from
(a) Threatening employees with unspecified reprisals
should they engage in union activities and/or protected
concerted activities.
(b) Creating the impression among employees that
their union activities are under surveillance.
(c) Engaging in surveillance of employees’ union ac-
tivities.
(d) Telling employees that it would be futile for them
to select the Union as their bargaining representative by
stating that the Respondent would never go union.
(e) Promising employees increased wages and ex-
panded eligibility criteria for per diem benefits if they
refrain from union organizational activity.
(f) Soliciting employee complaints and grievances,
thus promising employees increased benefits and im-
proved terms and conditions of employment if they re-
frain from union organizational activity.
(g) Granting employees a wage increase in order to
discourage them from union membership.
(h) Expanding its eligibility criteria for per diem pay-
ments for employees, in order to discourage them from
union membership.
(i) 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 after service by the Region, post at
its Forestville facility copies of the attached notice
marked “Appendix.”2 Copies of the notice, on forms
provided by the Regional Director for Region 5, after
being signed by the Respondent’s authorized representa-
tive, shall be posted by the Respondent and maintained
for 60 consecutive days in conspicuous places, including
all places where notices to employees are customarily
posted. In addition to physical posting of paper notices,
notices shall be distributed electronically, such as by
email, posting on an intranet or an internet site, and/or
other electronic means, if the Respondent customarily
communicates with its employees by such means. Rea-
sonable steps shall be taken by the Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material. If the Respondent has gone out of
business or closed the facilities involved in these pro-

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.”
C.W. WRIGHT CONSTRUCTION CO., LLC 3
ceedings, the Respondent shall duplicate and mail, at its
own expense, a copy of the notice to all current employ-
ees and former employees employed by the Respondent
at any time since May 1, 2016.
(b) Within 21 days after service by the Region, file
with the Regional Director for Region 5 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. April 5, 2018
______________________________________
Marvin E. Kaplan, Chairman
______________________________________
Lauren McFerran, Member
______________________________________
William J. Emanuel, 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 threaten you with unspecified reprisals
should you engage in union activities and/or protected
concerted activities.
WE WILL NOT create the impression that your union ac-
tivities are under surveillance.
WE WILL NOT engage in surveillance of your union ac-
tivities.
WE WILL NOT inform you that it would be futile for
you to select a union as your bargaining representative
by stating that we would never go union.
WE WILL NOT promise you increased wages and ex-
panded eligibility criteria for per diem benefits if you
refrain from union organizational activity.
WE WILL NOT solicit complaints and grievances from
you, thus promising you increased benefits and improved
terms and conditions of employment if you refrain from
union organizational activity.
WE WILL NOT grant a wage increase to you in order to
discourage you from union membership.
WE WILL NOT expand our eligibility criteria for per di-
em payments for you in order to discourage you from
union membership.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
C.W. WRIGHT CONSTRUCTION COMPANY, LLC
The Board’s decision can be found at
https://www.nlrb.gov/case/05–CA–180732or by using the
QR code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Re-
lations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.