Goodman Logistics, LLC; Goodman Tank Lines, Inc.; Goodman Holding Company, Ltd., and Stowe Leasing,

National Labor Relations Board - Board Decisions

Apr 29, 2016

363 NLRB No. 177 (N.L.R.B. 2016)

363 NLRB No. 177
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.
Goodman Logistics, LLC; Goodman Tank Lines,
Inc.; Goodman Holding Company, Ltd.; and
Stowe Leasing, Inc., a single employer and Jef-
frey Szucs. Case 08–CA–159343
April 29, 2016
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA
AND MCFERRAN
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 complaint and compli-
ance specification. Upon a charge filed on September 3,
2015, and amended on November 24, 2015, by employee
Jeffrey Szucs, the General Counsel issued a consolidated
complaint and compliance specification on December 29,
2015, against Goodman Logistics, LLC (Respondent
Goodman Logistics), Goodman Tank Lines, Inc. (Re-
spondent Goodman Tank Lines), Goodman Holding
Company, Ltd. (Respondent Goodman Holding Compa-
ny), and Stowe Leasing, Inc. (Respondent Stowe) (col-
lectively, the Respondents), alleging that they have vio-
lated Section 8(a)(1) of the National Labor Relations
Act. The Respondents failed to file an answer.
On February 17, 2016, the General Counsel filed a
Motion for Default Judgment with the Board. Thereaf-
ter, on February 18, 2016, 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
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 a complaint shall be
deemed admitted if an answer is not filed within 14 days
of service of the complaint, unless good cause is shown.
Similarly, Section 102.56 of the Board’s Rules and
Regulations provides that the allegations in a compliance
specification will be taken as true if an answer is not
filed within 21 days from service of the compliance spec-
ification. In addition, the consolidated complaint and
compliance specification affirmatively stated that unless
an answer was received by January 19, 2016, the Board
may find, pursuant to a motion for default judgment, that
the allegations in the consolidated complaint and compli-
ance specification are true. Further, the undisputed alle-
gations in the General Counsel’s motion disclose that the
Region, by facsimile transmission dated January 29,
2016, advised the Respondents that unless an answer was
received by February 5, 2016, a motion for default judg-
ment could be filed. Nevertheless, the Respondents
failed to file an answer.
In the absence of good cause being shown for the fail-
ure to file an answer, we deem the allegations in the con-
solidated complaint and compliance specification to be
admitted as true, and we grant the General Counsel’s
Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, Respondent Goodman Logistics,
a Pennsylvania limited liability company with a place of
business located in Stowe, Pennsylvania, has been en-
gaged in the business of providing payroll services.
At all material times, Respondent Goodman Tank
Lines, a Pennsylvania corporation with a place of busi-
ness located in Stowe, Pennsylvania, has been engaged in
the business of transporting petroleum products.
At all material times, Respondent Goodman Holding
Company, a Pennsylvania corporation with a place of
business located in Stowe, Pennsylvania, has been the
parent corporation of Respondent Goodman Tank Lines
and Respondent Goodman Logistics.
At all material times, Respondent Stowe, a Pennsylva-
nia corporation with a place of business located in Stowe,
Pennsylvania, has been in the business of leasing proper-
ty.
At all material times, the Respondents have been affil-
iated business enterprises with common officers, owner-
ship, directors, management, and supervision; have for-
mulated and administered a common labor policy; have
shared common premises and facilities; have provided
services for and made sales to each other; have inter-
changed personnel with each other; have interrelated
operations with a common business purpose of transport-
ing petroleum products; and have held themselves out to
the public as a single-integrated business enterprise.
Based on their operations described above, the Re-
spondents constitute a single-integrated business enter-
prise and are a single employer within the meaning of the
Act.
Since about May 29, 2015, Respondent Goodman
Tank Lines and Respondent Stowe have been debtors-in-
possession with full authority to continue their operations
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
and to exercise all powers necessary to administer their
businesses.1
In conducting their business operations described
above, annually, the Respondents collectively derived
gross revenues in excess of $50,000 for the transporta-
tion of freight from the States of Pennsylvania, New
York, and New Jersey directly to points outside those
states.
We find that Respondent Goodman Logistics, Re-
spondent Goodman Tank Lines, Respondent Goodman
Holding Company, and Respondent Stowe are employers
engaged in commerce within the meaning of Section
2(2), (6), and (7) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, D. Craig Goodman held the posi-
tion of the Respondents’ President, and has been a super-
visor 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.
At all material times, Dawn McCombs held the posi-
tion of Employment Manager, Human Relations for Re-
spondent Goodman Logistics, and has been a supervisor
of Respondent Goodman Logistics within the meaning of
Section 2(11) of the Act, and an agent of Respondent
Goodman Logistics within the meaning of Section 2(13)
of the Act.
At all material times since about May 8, 2013, the Re-
spondents have maintained a work rule which states in
relevant part:
While employee opinions are important and need to be
addressed, Negative and Derogatory comments must
not be shared with each other or with customers of the
Company.
About February 4, 2015, Jeffrey Szucs engaged in
concerted activities with other employees for the purpos-
es of mutual aid and protection by posting a demand for
good wages on the Driver Board at the Respondents’
Ohio terminal.
About mid- to late April and in early May, Szucs en-
gaged in concerted activities with other employees for
the purposes of mutual aid and protection by discussing

1 It is well established that the institution of bankruptcy proceedings
does not deprive the Board of jurisdiction or authority to entertain and
process an unfair labor practice case to its final disposition. See, e.g.,
Cardinal Services, 295 NLRB 933, 933 fn. 2 (1989), and cases cited
therein. Board proceedings fall within the exception to the automatic
stay provisions for proceedings by a governmental unit to enforce its
police or regulatory powers. See NLRB v. 15th Avenue Iron Works,
Inc., 964 F.2d 1336 (2d Cir. 1992) (per curiam); Cardinal Services,
supra; accord Ahrens Aircraft, Inc. v. NLRB, 703 F.2d 23 (1st Cir.
1983).
and posting on social media about the Respondents’ can-
cellation of health insurance and the Respondents’ failure
to forward wage garnishments to the appropriate agen-
cies.
About May 4, 2015, the Respondents terminated
Szucs.
The Respondents engaged in the conduct described
above because Szucs engaged in concerted activities with
other employees for the purposes of mutual aid and pro-
tection and violated the work rule described above, and
to discourage employees from engaging in these or other
concerted activities.
CONCLUSION OF LAW
By the conduct described above, the Respondents have
been interfering with, restraining, and coercing employ-
ees in the exercise of the rights guaranteed in Section 7
of the Act in violation of Section 8(a)(1) of the Act. The
Respondents’ unfair labor practices affect commerce
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 them to
cease and desist and to take certain affirmative action
designed to effectuate the policies of the Act. Specifical-
ly, having found that the Respondents violated Section
8(a)(1) by maintaining and enforcing the overbroad work
rule prohibiting their employees from sharing any nega-
tive or derogatory comments with each other or custom-
ers, we shall order the Respondents to rescind the unlaw-
ful rule and to advise their employees in writing of such
rescission.
Further, having found that the Respondents violated
Section 8(a)(1) of the Act by discharging Szucs, we shall
order the Respondents to make Szucs whole for any loss
of earnings and other benefits suffered as a result of their
discrimination against him by paying him the amount set
forth in the compliance specification’s Exhibit A, at-
tached to this decision, with interest accrued to the date
of payment, as prescribed in New Horizons, 283 NLRB
1173 (1987), compounded daily as prescribed in Ken-
tucky River Medical Center, 356 NLRB 6 (2010), and
minus tax withholdings required by Federal and State
laws.2 In addition, we shall order the Respondents to

2 In the complaint and the motion for default judgment, the General
Counsel seeks an order requiring reimbursement of all search-for-work
and work-related expenses regardless of whether the discriminatee
received interim earnings in excess of these expenses, or at all, during
any given quarter, or during the overall backpay period. The General
Counsel additionally seeks a make whole remedy that includes reason-
able consequential damages incurred as a result of the Respondents’
unfair labor practices. Because the relief sought would involve a
change in Board law, we believe that the appropriateness of these pro-
GOODMAN LOGISTICS, LLC 3
compensate Szucs for any adverse tax consequences of
receiving a lump-sum backpay award and to file a report
with the Regional Director for Region 8 allocating
backpay to the appropriate calendar years. AdvoServ of
New Jersey, Inc., 363 NLRB No. 143 (2016). The reme-
dy for this violation would ordinarily also include an
order requiring the Respondents to offer full reinstate-
ment to Jeffrey Szucs within 14 days from the date of our
Order. However, in light of the uncontested allegation in
the consolidated complaint and compliance specification
that the Respondents and debtors-in-possession Re-
spondent Goodman Tanks Lines and Respondent Stowe
have sold substantially all of their assets to a buyer in the
bankruptcy proceedings, we shall not order the immedi-
ate reinstatement of Szucs. Instead, to further effectuate
the policies of the Act, we shall order the Respondents,
in the event that they resume the same or similar business
operations, to offer Szucs full reinstatement to his former
position or, if that position no longer exists, to a substan-
tially equivalent position, without prejudice to his senior-
ity or any other rights or privileges previously enjoyed.
The Respondents shall also be required to remove from
their files any and all references to the unlawful dis-
charge and to notify Szucs in writing that this has been
done and that the unlawful conduct will not be used
against him in any way.
Finally, we shall order the Respondents to mail a copy
of the attached notice to the last known addresses of all
employees who were employed by the Respondents at
any time since March 2, 2015, in order to inform them of
the outcome of this proceeding.
ORDER
The National Labor Relations Board orders that the
Respondents, Goodman Logistics, LLC, Goodman Tank
Lines, Inc., Goodman Holding Company, Ltd., and
Stowe Leasing, Inc., a single employer, Stowe, Pennsyl-
vania, their officers, agents, successors, and assigns shall
1. Cease and desist from
(a) Maintaining and enforcing the unlawful work rule
prohibiting employees from sharing any negative or de-
rogatory comments with each other or customers.
(b) Discharging employees for engaging in concerted
activities with other employees for the purposes of mutu-
al aid and protection and violating the unlawful work
rule prohibiting them from sharing any negative or de-
rogatory comments with each other or customers.

posed remedies should be resolved after a full briefing by the affected
parties, and there has been no such briefing in this case. Accordingly,
we decline to order this relief at this time. See, e.g., The H.O.P.E.
Program, 362 NLRB No. 128, slip op. at 2 fn. 1 (2015); Ishikawa Gas-
ket America, Inc., 337 NLRB 175, 176 (2001), enfd. 354 F.3d 534 (6th
Cir. 2004), and cases cited therein.
(c) 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) Rescind the unlawful work rule prohibiting em-
ployees from sharing any negative or derogatory com-
ments with each other or customers and furnish employ-
ees with written notice that this rule has been rescinded.
(b) In the event that the Respondents resume opera-
tions, offer Jeffrey Szucs full reinstatement to his former
position or, if his position no longer exists, to a substan-
tially equivalent position, without prejudice to his senior-
ity or any other rights or privileges previously enjoyed.
(c) Make Jeffrey Szucs whole for any loss of earnings
and benefits suffered as a result of the discrimination
against him, by paying him the amount set forth in Ex-
hibit A, attached to this decision, plus interest accrued to
the date of payment, and minus tax withholdings re-
quired by Federal and State laws, as set forth in the rem-
edy section of this Decision. The backpay amount due is
$20,081.
(d) Compensate Szucs for the adverse tax conse-
quences, if any, of receiving a lump-sum backpay award,
and file with the Regional Director for Region 8, within
21 days of the date the amount of backpay is fixed, either
by agreement or Board order, a report allocating the
backpay award to the appropriate calendar year.
(e) Within 14 days from the date of this Order, re-
move from their files any reference to the unlawful dis-
charge of Szucs, and within 3 days thereafter notify him
in writing that this has been done and that the discharge
will not be used against him in any way.
(f) 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 rec-
ords 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.
(g) Within 14 days after service by the Region, dupli-
cate and mail, at their own expense and after being
signed by the Respondents’ authorized representative,
copies of the attached notice marked “Appendix”3 to all
employees who were employed by the Respondents at

3 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Mailed by Order of the Na-
tional Labor Relations Board” shall read “Mailed Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
any time since March 2, 2015. In addition to physical
mailing 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 Re-
spondents customarily communicate with their employ-
ees by such means.
(h) Within 21 days after service by the Region, file
with the Regional Director for Region 8 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondents have
taken to comply.
Dated, Washington, D.C. April 29, 2016
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Kent Y. Hirozawa, Member
______________________________________
Lauren McFerran, 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
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
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT maintain or enforce a work rule prohibit-
ing employees from sharing any negative or derogatory
comments with each other or customers.
WE WILL NOT discharge employees for engaging in
concerted activities with other employees for the purpos-
es of mutual aid and protection and violating the unlaw-
ful work rule prohibiting them from sharing any negative
or derogatory comments with each other or customers.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL rescind the unlawful rule prohibiting em-
ployees from sharing any negative or derogatory com-
ments with each other or customers and furnish you with
written notice that this rule has been rescinded.
WE WILL, in the event that we resume operations, offer
Jeffrey Szucs full reinstatement to his former position or,
if his position no longer exists, to a substantially equiva-
lent position, without prejudice to his seniority or any
other rights or privileges previously enjoyed.
WE WILL make whole employee Jeffrey Szucs for any
loss of earnings and other benefits suffered as a result of
our discrimination against him, plus interest accrued to
the date of payment and minus tax withholdings required
by Federal and State laws.
WE WILL compensate employee Jeffrey Szucs for the
adverse tax consequences, if any, of receiving a lump-
sum backpay award, and WE WILL file with the Regional
Director for Region 8, within 21 days of the date the
amount of backpay is fixed, either by agreement or
Board order, a report allocating the backpay award to the
appropriate calendar year.
GOODMAN LOGISTICS, LLC; GOODMAN TANK
LINES, INC.; GOODMAN HOLDING COMPANY,
LTD.; AND STOWE LEASING, INC., A SINGLE
EMPLOYER
The Board’s decision can be found at
www.nlrb.gov/case/08-CA-159343 or by using the QR code
below. Alternatively, you can obtain a copy of the decision
from the Executive Secretary, National Labor Relations
Board, 1015 Half Street, S.E., Washington, D.C. 20570, or
by calling (202) 273–1940.
GOODMAN LOGISTICS, LLC 5
EXHIBIT A
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD6
GOODMAN LOGISTICS, LLC 7