Enviro-Tech

National Labor Relations Board - Board Decisions

Mar 16, 2005

344 N.L.R.B. 38 (N.L.R.B. 2005)

344 NLRB No. 38
Mary Cannon t/a Enviro-Tech and Laborers’ Local
332, Laborers International Union of North
America, AFL–CIO. Case 4–CA–33360
March 16, 2005
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 and an
amended charge filed by the Union on September 21 and
November 30, 2004, the General Counsel issued the
complaint on November 30, 2004, against Mary Cannon
t/a Enviro-Tech, the Respondent, alleging that it has vio-
lated Section 8(a)(1) and (3) of the Act. The Respondent
failed to file an answer.
On December 28, 2004, the General Counsel filed a
Motion for Default Judgment with the Board. On Janu-
ary 4, 2005, the Board issued an order transferring the
proceeding to the Board and a Notice to Show Cause
why the motion should not be granted. The Respondent
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 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 December 14, 2004,
all the allegations in the complaint would be considered
admitted. Further, the undisputed allegations in the Gen-
eral Counsel’s motion disclose that the Region, by letter
dated December 14, 2004, notified the Respondent that
unless an answer was received by December 21, 2004, 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
At all material times, the Respondent, a sole proprie-
torship with an office at 1735 Market Street, Suite 418,
Philadelphia, Pennsylvania, has been engaged in per-
forming cleaning and demolition services for businesses.
During the 12-month period preceding issuance of the
complaint, the Respondent, in conducting its business
operations described above, received in excess of
$50,000 to perform cleaning and demolition services for
2700 North Broad Street, LLP, a limited liability com-
pany within the Commonwealth of Pennsylvania, located
at 2700 North Broad Street, Philadelphia, Pennsylvania,
herein called the jobsite. At all material times, 2700
North Broad Corp., a New York corporation, has been
the general partner of 2700 North Broad Street, LLP.
During the 12-month period preceding issuance of the
complaint, 2700 North Broad Street, LLP and its general
partner, 2700 North Broad Corp., purchased and received
services valued in excess of $50,000 directly from points
outside the Commonwealth of Pennsylvania.
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 Laborers’ Local 332, Laborers
International Union of North America, AFL–CIO, is a
labor organization within the meaning of Section 2(5) of
the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, Mary Cannon and Marcus Can-
non have been the Respondent’s owner and general man-
ager, respectively, 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.
The Respondent, by Mary Cannon, engaged in the fol-
lowing conduct:
(a) On or about September 10, 2004, at the job-
site, threatened an employee that employees who
voted for union representation would be discharged.
(b) On or about September 17, 2004, at a PNC
Bank on Girard Avenue, Philadelphia, Pennsylvania,
told employees that the Respondent was closing its
business and would not assign the employees to re-
maining work because they supported the Union.
On or about September 10, 2004, the Respondent, by
Marcus Cannon, in the presence of Mary Cannon, at the
jobsite, threatened employees with unspecified reprisals
because they supported the Union.
On or about September 10, 2004, the Respondent
failed and refused to pay its employees Erick Sanders
and Yuhanna Hafeez.
On or about September 17, 2004, the Respondent ter-
minated the employment of employees Erick Sanders
and Yuhanna Hafeez.
The Respondent refused to pay Sanders and Hafeez
and discharged them because they supported the Union.
CONCLUSIONS OF LAW
1. By the conduct and statements of Mary Cannon and
Marcus Cannon described above, the Respondent has
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
interfered with, restrained, and coerced 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 refusing to pay employees Erick Sanders and
Yuhanna Hafeez since on about September 10, 2004, and
by discharging them on about September 17, 2004, the
Respondent has discriminated in regard to the hire or
tenure or terms and conditions of employment of its em-
ployees, thereby discouraging membership in a labor
organization, in violation of Section 8(a)(1) and (3) of
the Act.
The Respondent’s unfair labor practices affect com-
merce 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 violated Section 8(a)(1) and
(3) of the Act by discharging Erick Sanders and Yuhanna
Hafeez, we shall order the Respondent to offer them full
reinstatement 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 and
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).
Further, having found that the Respondent violated
Section 8(a)(1) and (3) by failing to pay employees
Sanders and Hafeez for approximately 1 week between
September 10, 2004, and when they were unlawfully
discharged on September 17, 2004, we shall order the
Respondent to make them whole for losses they suffered
as a result of this conduct, pursuant to Ogle Protection
Service, 183 NLRB 682 (1970), enfd. 444 F.2d 502 (6th
Cir. 1971), with interest as prescribed in New Horizons
for the Retarded, supra.
The Respondent shall also be required to remove from
its files all references to the unlawful discharges of
Sanders and Hafeez, and to notify them in writing that
this has been done and that the discharges will not be
used against them in any way.
ORDER
The National Labor Relations Board orders that the
Respondent, Mary Cannon t/a Enviro-Tech, Philadelphia,
Pennsylvania, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Threatening employees with discharge if they vote
for union representation.
(b) Telling employees that it was closing its business
and would not assign employees to remaining work be-
cause they supported Laborers’ Local 332, Laborers In-
ternational Union of North America, AFL–CIO, or any
other labor organization.
(c) Threatening employees with unspecified reprisals
because they support the Union, or any other labor or-
ganization.
(d) Failing and refusing to pay employees because they
support the Union, or any other labor organization.
(e) Discharging employees because they support the
Union, or any other labor organization.
(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) Within 14 days from the date of this Order, offer
Erick Sanders and Yuhanna Hafeez 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 and privileges previously
enjoyed.
(b) Make whole Erick Sanders and Yuhanna Hafeez
for any loss of earnings and other benefits resulting from
the refusal to pay them and their subsequent unlawful
discharges, 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 all references to the unlawful discharges of
Erick Sanders and Yuhanna Hafeez and, within 3 days
thereafter, notify them in writing that this has been done
and that the unlawful discharges 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
electronic 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 Philadelphia, Pennsylvania, copies of the
attached notice marked “Appendix.”1 Copies of the no-

1 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-
ENVIRO-TECH 3
tice, on forms provided by the Regional Director for Re-
gion 4, after being signed by the Respondent’s author-
ized representative, 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. Reasonable steps shall be taken
by the Respondent 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
Respondent has gone out of business or closed the facil-
ity involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no-
tice to all current employees and former employees em-
ployed by the Respondent at any time since September
10, 2004.
(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 com-
ply.
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
violated 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

ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
Act together with other employees for your benefit
and protection
Choose not to engage in any of these protected ac-
tivities.
WE WILL NOT threaten you with discharge if you vote
for union representation.
WE WILL NOT tell you that we are closing our business
and will not assign you to remaining work because you
support Laborers’ Local 332, Laborers International Un-
ion of North America, AFL–CIO, (the Union), or any
other labor organization.
WE WILL NOT threaten you with unspecified reprisals
because you support the Union, or any other labor or-
ganization.
WE WILL NOT fail and refuse to pay you because you
support the Union, or any other labor organization.
WE WILL NOT discharge you because you support the
Union, or any other labor organization.
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 Erick Sanders and Yuhanna Hafeez 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 and privi-
leges previously enjoyed.
WE WILL make whole Erick Sanders and Yuhanna
Hafeez for any loss of earnings and other benefits result-
ing from our unlawful refusal to pay them and their
unlawful discharges, with interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files all references to the unlaw-
ful terminations of Erick Sanders and Yuhanna Hafeez,
and WE WILL, within 3 days thereafter, notify them in
writing that this has been done, and that the unlawful
discharges will not be used against them in any way.
MARY CANNON T/A ENVIRO-TECH