Eaton Electric, Inc.

National Labor Relations Board - Board Decisions

Feb 10, 1999

327 N.L.R.B. 558 (N.L.R.B. 1999)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 558
Eaton Electric, Inc. and Raymor Electrical Company
and Schneider Electric Company and Star Brite
Electric Corp. and Blake Electrical Contracting,
Inc. and Chapman Electrical Contracting Co.
and Falcone Electric Corp. and Feola Electric,
Inc. and George F. Kolsch, Inc. and J.K. Electric
Corp. and Modica & Reilly Electric Corp. and
T. Reilly Electrical Corp. and Mondl Electric
Co., Inc. and Paul Mock, Inc. and Star Electric
Corp. and W.P.C. Electric Corp. and M & W
Electric Corp. and Local Union No. 3, Interna-
tional Brotherhood of Electrical Workers, AFL–
CIO. Cases 29–CA–21456–5, 29–CA–21456–14,
29–CA–21456–15, 29–CA–21456–17, 29–CA–
21456–27, 29–CA–21456–32, 29–CA–21456–35,
29–CA–21456–36, 29–CA–21456–38, 29–CA–
21456–43, 29–CA–21456–48, 29–CA–21456–49,
29–CA–21456–50, 29–CA–21456–57, 29–CA–
21456–64, 29–CA–21456–71, and 29–CA–21456–
74
February 10, 1999
DECISION AND ORDER
BY MEMBERS FOX, LIEBMAN, AND HURTGEN
Upon charges filed by the Union on September 30,
1997, the Acting General Counsel of the National Labor
Relations Board issued a consolidated complaint on
March 19, 1998, against 39 named Respondents, alleging
that they have violated Section 8(a)(1) and (5) of the Na-
tional Labor Relations Act.1 Although properly served
copies of the charge and consolidated complaint, five of
the Respondents failed to file an answer. These Respon-
dents are: (1) Chapman Electrical Contracting Co.; (2)
Feola Electric, Inc.; (3) Mondl Electric Co., Inc.; (4)
W.P.C. Electric Corp.; and (5) M & W Electric Corp.
(the five Respondents).
On December 24, 1998, the General Counsel filed a
Motion for Summary Judgment with the Board regarding
the five Respondents that had failed to file an answer.
On December 30, 1998, the Board issued an order trans-
ferring the proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. None of
the five Respondents, except Mondl Electric, filed a re-
sponse.2 The allegations in the motion as to the remain-
ing four (the four Respondents) are therefore undisputed.

1 Subsequently, by orders dated December 10 and 23, 1998, the Re-
gional Director deleted several of the Respondents from the complaint.
2 The motion clearly requests summary judgment as to the five Re-
spondents but inadvertently omits Mondl from the list of Respondents
in its description of the relief being sought. Because the motion clearly
requests summary judgment as to Mondl, this omission does not pre-
clude entry of the requested default order. However, we note that a
notarized response to the Notice to Show Cause was filed by Boris
Mandelbaum stating:

Enclosed is statement affirming Mondl Electric Co., Inc. of 236 East
80th St., New York City has ceased industry activity, employee labor
and Local Union participation. Since year 1988.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
Sections 102.20 and 102.21 of the Board’s Rules and
Regulations provide 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 notes
that unless an answer is filed within 14 days of service,
all the allegations in the complaint will be considered
admitted. Further, the undisputed allegations in the Mo-
tion for Summary Judgment disclose that the Region, by
separate letters dated June 12, 1998, notified Respon-
dents Feola Electric, Inc., W.P.C. Electric Corp., and M
& W Electric Corp. that unless an answer was received
by June 19, 1998, a Motion for Summary Judgment
would be filed.3 To date, none of the four Respondents
has filed an answer.
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 Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the four Respondents, who, other
than Respondent Chapman Electrical Contracting Co.,
are New York corporations with their principal offices
and places of business located in the New York City met-
ropolitan area, including each of the five boroughs of the
City of New York, and Nassau, Suffolk, and Westchester
Counties in the State of New York, have been engaged in
providing electrical contracting services to other business
firms and governmental agencies in and around New
York City and vicinity. At all material times, Chapman
Electrical Contracting Co., a New Jersey corporation,
with its principal office and place of business located at
RD 1, P.O. Box 6, Paterson, New Jersey, has been en-
gaged in providing electrical contracting services to other
business firms and governmental entities in and around
New York City and vicinity. During the 12-month pe-
riod preceding issuance of the complaint, the four Re-

There were no other statements enclosed.
While this response does not appear to be an answer, it does appear
to be a pro se explanation as to why an answer was not filed and can be
construed to controvert the complaint allegation that Mondl incurred a
bargaining obligation in 1993. In these circumstances and particularly
as a hearing is required on allegations against other parties to the case
which have filed answers, we shall deny the motion as to Mondl and
remand that case to the Regional Director for inclusion in the hearing.
Contrary to her colleagues, Member Liebman would grant the Gen-
eral Counsel’s Motion for Summary Judgment as to Respondent Mondl
on the ground that it, like the other four Respondents discussed infra,
has not established good cause for the failure to file a timely answer.
3 Although it appears that no further reminder letter was sent to Re-
spondent Chapman Electrical Contracting Co., this does not warrant
denying the General Counsel’s Motion for Summary Judgment. See,
e.g., Superior Industries, 289 NLRB 834, 835 fn. 13 (1988).
327 NLRB No. 110
EATON ELECTRIC, INC. 559
spondents, in conducting their business operations de-
scribed above, performed services valued in excess of
$50,000 for various enterprises and governmental entities
located in the State of New York, each of which enter-
prises, in turn, is directly engaged in interstate commerce
and meets a Board standard for the assertion of jurisdic-
tion, exclusive of indirect inflow or indirect outflow. We
find that the four Respondents are employers 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
The United Electrical Contractors Association a/k/a
United Construction Contractors Association (UECA)
has been an organization composed of employers en-
gaged primarily as electrical contractors in the construc-
tion industry, one purpose of which is to represent its
employer-members in negotiating and administering col-
lective-bargaining agreements with various labor organi-
zations, including the Union. At all material times, the
four Respondents have been, and are now, employer-
members of UECA and, by virtue of the certification
described below, are obligated to recognize and bargain
collectively with the Union on a multiemployer basis on
behalf of their employees in the bargaining unit de-
scribed below.
The following employees of the employer-members of
UECA, including the four Respondents, constitute a unit
appropriate for the purposes of collective bargaining
within the meaning of Section 9(b) of the Act:

All electricians, electrical maintenance mechanics,
helpers, apprentices and trainees employed in the elec-
trical field employed by the employer–members of
UECA, but excluding all office clerical employees,
guards and supervisors as defined in the Act.

On February 23, 1993, the Union was certified as the
exclusive collective-bargaining representative of the unit
of employees described above. At all material times
since February 23, 1993, the Union, by virtue of Section
9(a) of the Act, has been and is the exclusive representa-
tive of the employees in the unit set forth above, includ-
ing the employees of the four Respondents who are in
that unit, for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and
other terms and conditions of employment of those unit
employees.
On October 29, 1993, the Board issued a Decision and
Order4 which found, inter alia, that UECA and its em-
ployer-members, including the four Respondents, had
violated Section 8(a)(1) and (5) of the Act by failing and
refusing to honor the Certification of Representative de-
scribed above. The Board directed UECA to bargain

4 312 NLRB 1118 (1993).
with the Union, on request, concerning the terms and
conditions of employment of the unit employees. Subse-
quently, on September 2, 1994, the U.S. Court of Ap-
peals for the Second Circuit issued a judgment enforcing
the Board’s Order.
Since around October 1994, UECA and the Union
have met on numerous occasions for the purpose of en-
gaging in negotiations with respect to wages, hours, and
other terms and conditions of employment of the unit
employees, including employees of the four Respon-
dents, but, to date, the parties have failed to reach an
agreement.
At all material times since around April 1996, the em-
ployer-members of UECA, including the four Respon-
dents, have been required to make monetary contribu-
tions to the Building Trades Educational Fund, the Build-
ing Trades Welfare Fund, and the Building Trades Annu-
ity Fund (Building Trades Funds) which were established
by UECA for the purpose of continuing to provide sub-
stantially equivalent medical, annuity, and training bene-
fits to the unit employees which they enjoyed pursuant to
the terms of collective-bargaining agreements between
UECA and Local 363, International Brotherhood of
Teamsters, AFL–CIO, the predecessor collective-
bargaining representative prior to the certification of the
Union on February 23, 1993.
At all material times, the employer-members of
UECA, including the four Respondents, have been re-
quired to continue to make monetary contributions to the
Teamsters Local 363 Pension Fund (Local 363 Pension
Fund) which has, with the consent of the Union, contin-
ued to provide pension benefits to the unit employees,
subsequent to the Union’s certification.
At all material times, the employer-members of
UECA, including the four Respondents, have transmitted
periodic remittance reports to the Building Trades Funds
and the Local 363 Pension Fund which set forth, inter
alia, the amounts of their contributions to these two funds
based on the hours worked for each of their respective
unit employees, and the names and classifications of
those employees.
On about October 31 and December 26, 1997, and
January 9 and 15, 1998, the Union, in writing, requested
representatives of UECA to have the employer-members
of UECA, including the four Respondents, each furnish
copies of their remittance reports transmitted to the
Building Trades Funds and to the Local 363 Pension
Fund, relating to the unit employees. On various other
dates (presently unknown) during the 6-month period
prior to the filing and service of the instant charges, the
Union orally made the same request of UECA represen-
tatives at the various negotiation meetings with UECA
described above.
On various dates presently unknown during the 6-
month period preceding the filing and service of the
charges, at various negotiation meetings with UECA, the
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 560
Union orally requested that representatives of UECA
have each of its employer-members, including the four
Respondents, furnish the names, addresses, telephone
numbers, and job classifications of their unit employees.
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 employees. At all material times, the four Re-
spondents have failed and refused to furnish the Union
the information requested by it.
CONCLUSION OF LAW
By the acts and conduct described above, the four Re-
spondents have been failing and refusing to bargain col-
lectively with the exclusive collective-bargaining repre-
sentative of their employees, and has thereby engaged in
unfair labor practices 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 four Respondents have engaged
in certain unfair labor practices, we shall order them to
cease and desist and to take certain affirmative action
designed to effectuate the policies of the Act. Specifi-
cally, we shall order the four Respondents to provide the
requested information to the Union.
ORDER
The National Labor Relations Board orders that the
Respondents, Chapman Electrical Contracting Co., Feola
Electric, Inc., W.P.C. Electric Corp., and M & W Elec-
tric Corp., New York and vicinity, their officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively and in
good faith with Local Union No. 3, International Broth-
erhood of Electrical Workers, AFL–CIO by failing and
refusing to provide the Union with information requested
by it on about October 31 and December 26, 1997, and
January 9 and 15, 1998, and at other various unknown
dates, which is necessary for, and relevant to, its per-
formance of its function as the exclusive representative
of the employees in the following appropriate unit:

All electricians, electrical maintenance mechanics,
helpers, apprentices and trainees employed in the elec-
trical field employed by the employer-members of
UECA, but excluding all office clerical employees,
guards and supervisors as defined in the Act.
(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 names, addresses, tele-
phone numbers, and job classifications of all unit em-
ployees they have employed since October 1997, and
with copies of all remittance reports they have transmit-
ted to the Building Trades Funds and the Local 363 Pen-
sion Funds since October 1997.
(b) Within 14 days after service by the Region, post at
their facilities located at various places in New York,
New York, New Jersey, and their environs copies of the
attached notices marked “Appendix I-IV.”5 Copies of the
notice, on forms provided by the Regional Director for
Region 29, after being signed by the various Respon-
dents’ authorized representatives, 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 no-
tices are not altered, defaced or covered by any other
material. In the event that, during the pendency of these
proceedings, any of the Respondents have gone out of
business or closed the facilities involved in these pro-
ceedings, that Respondent shall duplicate and mail, at its
own expense, a copy of the notice to all current employ-
ees and former employees employed by that Respondent
at any time since March 30, 1997.
(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.
IT IS FURTHER ORDERED that Case 29–CA–
21456–50 (Mondl Electric) is remanded to the Regional
Director.

APPENDIX I
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 the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT fail and refuse to bargain collectively
and in good faith with Local Union No. 3, International
Brotherhood of Electrical Workers, AFL–CIO by failing
and refusing to provide the Union with information re-
quested by it on about October 31 and December 26,
1997, and January 9 and 15, 1998, and at other various
unknown dates, which is necessary for, and relevant to,
its performance of its function as the exclusive represen-
tative of the employees in the following appropriate unit:

5 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.”
EATON ELECTRIC, INC. 561
All electricians, electrical maintenance mechanics,
helpers, apprentices and trainees employed in the elec-
trical field employed by the employer-members of
UECA, but excluding all office clerical employees,
guards and supervisors as defined in the Act.

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 names, ad-
dresses, telephone numbers, and job classifications of all
unit employees we have employed since October 1997,
and with copies of all remittance reports we have trans-
mitted to the Building Trades Funds and the Local 363
Pension Funds since October 1997.

CHAPMAN ELECTRICAL
CONTRACTING CO.

APPENDIX II
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 the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT fail and refuse to bargain collectively
and in good faith with Local Union No. 3, International
Brotherhood of Electrical Workers, AFL–CIO by failing
and refusing to provide the Union with information re-
quested by it on about October 31 and December 26,
1997, and January 9 and 15, 1998, and at other various
unknown dates, which is necessary for, and relevant to,
its performance of its function as the exclusive represen-
tative of the employees in the following appropriate unit:

All electricians, electrical maintenance mechanics,
helpers, apprentices and trainees employed in the elec-
trical field employed by the employer-members of
UECA, but excluding all office clerical employees,
guards and supervisors as defined in the Act.

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 names, ad-
dresses, telephone numbers, and job classifications of all
unit employees we have employed since October 1997,
and with copies of all remittance reports we have trans-
mitted to the Building Trades Funds and the Local 363
Pension Funds since October 1997.

FEOLA ELECTRIC, INC.

APPENDIX III
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 the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT fail and refuse to bargain collectively
and in good faith with Local Union No. 3, International
Brotherhood of Electrical Workers, AFL–CIO by failing
and refusing to provide the Union with information re-
quested by it on about October 31 and December 26,
1997, and January 9 and 15, 1998, and at other various
unknown dates, which is necessary for, and relevant to,
its performance of its function as the exclusive represen-
tative of the employees in the following appropriate unit:

All electricians, electrical maintenance mechanics,
helpers, apprentices and trainees employed in the elec-
trical field employed by the employer-members of
UECA, but excluding all office clerical employees,
guards and supervisors as defined in the Act.

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 names, ad-
dresses, telephone numbers, and job classifications of all
unit employees we have employed since October 1997,
and with copies of all remittance reports we have trans-
mitted
to the Building Trades Funds and the Local 363 Pension
Funds since October 1997.
M & W ELECTRIC CORP.

APPENDIX IV
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 the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT fail and refuse to bargain collectively
and in good faith with Local Union No. 3, International
Brotherhood of Electrical Workers, AFL–CIO by failing
and refusing to provide the Union with information re-
quested by it on about October 31 and December 26,
1997, and January 9 and 15, 1998, and at other various
unknown dates, which is necessary for, and relevant to,
its performance of its function as the exclusive represen-
tative of the employees in the following appropriate unit:
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 562
All electricians, electrical maintenance mechanics,
helpers, apprentices and trainees employed in the elec-
trical field employed by the employer-members of
UECA, but excluding all office clerical employees,
guards and supervisors as defined in the Act.

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 names, ad-
dresses, telephone numbers, and job classifications of all
unit employees we have employed since October 1997,
and with copies of all remittance reports we have trans-
mitted to the Building Trades Funds and the Local 363
Pension Funds since October 1997.

W.P.C. ELECTRIC CORP.