J.H. Reid General Contractor

National Labor Relations Board - Board Decisions

Jun 7, 2018

366 NLRB No. 102 (N.L.R.B. 2018)

366 NLRB No. 102
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.
J.H. Reid General Contractor and United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers Interna-
tional (USW), AFL–CIO, CLC and its Local
15024. Case 22–CA–199736
June 7, 2018
DECISION AND ORDER
BY MEMBERS PEARCE, KAPLAN, AND EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the amended complaint. Upon a charge
filed by the Union on May 30, 2017, and amended
charges filed by the Union on August 14, 2017, August
31, 2017, September 27, 2017, and January 3, 2018, the
General Counsel issued a complaint on November 29,
2017, and an amended complaint on January 30, 2018,
against J.H. Reid General Contractor, the Respondent,
alleging that it has violated Section 8(a)(5) and (1) of the
National Labor Relations Act. Although properly served
copies of the charge, amended charges, complaint, and
amended complaint, the Respondent failed to file an an-
swer.
On March 23, 2018, the General Counsel filed a Mo-
tion for Default Judgment with the Board. On March 28,
2018, 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 amended complaint affirmatively
states that the answer must be received by the Regional
Office on or before February 13, 2018, and that if no
answer is filed, the Board may find, pursuant to a motion
for default judgment, that the allegations in the complaint
are true. Further, the undisputed allegations in the Gen-
eral Counsel’s motion for default judgment disclose that
the Region, by letter dated February 14, 2018, sua sponte
granted the Respondent an extension of time to file an
answer until February 21, 2018. In addition, the Region
notified the Respondent that unless an answer was re-
ceived by February 21, 2018, a motion for default judg-
ment would be filed. No answer or request for an exten-
sion of time to file an answer was received by that date.
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 corporation
with an office and place of business at 3230 Hamilton
Boulevard, South Plainfield, New Jersey, has been en-
gaged in heavy highway construction. During the 12-
month period preceding the issuance of the amended
complaint, a representative period, the Respondent, in the
course of conducting its business operations described
above, purchased and received at its facility in South
Plainfield, New Jersey, goods valued in excess of
$50,000 directly from points outside the State of New
Jersey.
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 United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International (USW), AFL–CIO, CLC
and its Local 15024, 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, James H. Reid has been the Re-
spondent’s President and has been an agent of the Re-
spondent within the meaning of Section 2(13) of the Act
and a supervisor of the Respondent within the meaning
of Section 2(11) of the Act.
At all material times, Eric Reid has been a principal of
the Respondent and has been an agent of the Respondent
within the meaning of Section 2(13) of the Act and a
supervisor of the Respondent within the meaning of Sec-
tion 2(11) of the Act.
The following employees of the Respondent, the unit,
constitute an appropriate unit for collective bargaining
within the meaning of Section 9(b) of the Act:
All employees in the classifications covered by the
2016-2018 collective bargaining agreement engaged in
the construction, maintenance, support, recycling or al-
lied operations historically performed by the employer
prior to February 24, 1994; and all persons employed
by the contractor in the performance of such work in
those geographic areas related as closely as practicable
to the states in which the employer has worked or con-
trolled the assignment of work prior to February 24,
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1994. Excluded from the bargaining unit are engineer-
ing staff, clerical employees, watchmen, timekeepers,
superintendents, master mechanics, assistant superin-
tendents, general foremen, foremen or other supervi-
sors having the right to hire, fire or discipline or effec-
tively recommend such action.
Since at least 1996 and at all material times, the Union
has been the exclusive collective-bargaining representa-
tive of the unit employed by the Respondent and during
that time the Union has been recognized as such repre-
sentative by the Respondent. This recognition has been
embodied in successive collective-bargaining agree-
ments, the most recent of which is effective from January
1, 2016, through December 31, 2018.
At all material times since about 1996, based on Sec-
tion 9(a) of the Act, the Union has been the exclusive
collective-bargaining representative of the unit.
Articles 11 and 14 of the collective-bargaining agree-
ment require the Respondent to make monthly contribu-
tions to the Health, Welfare, Life and Dental Benefits
Program or to provide an equivalent plan for employees
covered by the collective-bargaining agreement.
Beginning in about February 2017, the Respondent
ceased making contributions to the Health, Welfare, Life
and Dental Benefits Program for the employees covered
by the collective-bargaining agreement and has not of-
fered employees an equivalent plan.
Articles 13 and 14 of the collective-bargaining agree-
ment require the Respondent to make monthly contribu-
tions to the Apprenticeship and Training Trust Fund on
behalf of the employees covered by the collective-
bargaining agreement.
Beginning in at least November 2016, the Respondent
ceased making contributions to the Apprenticeship and
Training Trust Fund for the employees covered by the
collective-bargaining agreement.
Article 12 of the collective-bargaining agreement re-
quires the Respondent to deduct from employee
paychecks dues if authorized by employees. The Article
further requires the Respondent to remit such dues to the
Union.
Since at least November 2016, the Respondent has col-
lected dues from employee paychecks but failed to remit
these to the Union.
Article 12 of the collective-bargaining agreement re-
quires the Respondent to contribute to a deferred com-
pensation plan per employee hours worked.
Since about December 2016, the Respondent has failed
to contribute to a deferred compensation plan, described
above.
The subjects set forth above relate to wages and hours
and other terms and conditions of employment of the unit
and are mandatory subjects for the purposes of collective
bargaining.
The Respondent engaged in the conduct described
above without the Union’s consent.
On about July 12, 2017, in response to the Respond-
ent’s request for a payment plan for delinquent benefit
contributions and its failure to remit dues, the Union re-
quested that it provide the following information, for the
period from January 1, 2016 to date:
1. The location of the projects on which the Employer
is working and has worked;
2. Whether any such work is private, i.e. would be
subject to the wage scale in the collective-bargaining
agreement;
3. Whether any of the work is Davis-Bacon (as op-
posed to New Jersey Prevailing wage);
4. The hours each employee worked in each classifi-
cation.
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.
The Respondent has failed and refused to fully furnish
the Union with the requested information.
On about November 22, 2017, the Union, by letter, re-
quested that the Respondent furnish the Union with cer-
tain information about the Respondent, J.H. Reid On-Site
Recycling, Inc., and TDE Services, Inc., including cer-
tain terms and conditions of employment and the rela-
tionship among the three companies.
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.
The Respondent has failed and refused to fully furnish
the Union with the requested information.
CONCLUSION OF LAW
By the acts and conduct described above, the Re-
spondent has been failing and refusing to bargain collec-
tively and in good faith with the exclusive collective-
bargaining representative of its employees within the
meaning of Section 8(d) of the Act in violation of Sec-
tion 8(a)(5) and (1) of the Act. These unfair labor prac-
tices 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
J.H. REID GENERAL CONTRACTOR 3
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) (5) and
(1) of the Act by failing to remit to the Union dues de-
ducted since November 2016 from unit employees’
paychecks pursuant to a duly executed and unrevoked
authorizations by unit employees, in contravention of
Article 12 of the collective-bargaining agreement we
shall order the Respondent to remit such withheld dues to
the Union as required by the collective-bargaining
agreement, with interest, as prescribed in New Horizons,
283 NLRB 1173 (1987), compounded daily as prescribed
in Kentucky River Medical Center, 356 NLRB 6 (2010).
Having found that the Respondent repudiated its obli-
gation under the 2016–2018 collective-bargaining
agreement in violation of Section 8(a)(5) and (1) by ceas-
ing since February 2017 to make monthly contributions
to the Health, Welfare, Life and Dental Benefits Program
or to provide an equivalent plan; by ceasing since No-
vember 2016 to make contributions to the Apprentice-
ship and Training Trust Fund; and by failing since De-
cember 2016 to contribute to a deferred compensation
plan, as required by the 2016–2018 collective-bargaining
agreement, we shall order the Respondent to rescind its
actions and to make whole its unit employees by making
all such delinquent fund contributions on behalf of unit
employees that have not been made since the dates
above, including any additional amounts due the funds in
accordance with Merryweather Optical Co., 240 NLRB
1213, 1216 fn. 7 (1979).
Further, the Respondent shall be required to reimburse
unit employees for any expenses ensuing from its failure
to make the required fund contributions, as set forth in
Kraft Plumbing & Heating, 252 NLRB 891, 891 fn. 2
(1980), enfd. mem. 661 F.2d 940 (9th Cir. 1981). Such
amounts should be computed in the manner set forth in
Ogle Protection Service, 183 NLRB 682 (1970), enfd.
444 F.2d 502 (6th Cir. 1971), with interest at the rate
prescribed in New Horizons, supra, compounded daily as
prescribed in Kentucky River Medical Center, supra.1
Finally, having found that the Respondent violated
Section 8(a)(5) and (1) by failing and refusing to furnish
the Union with relevant and necessary information, we
shall order the Respondent to provide the Union with the
information requested on July 12 and November 22,
2017.

1 To the extent that an employee has made personal contributions to
a benefit or other fund that has been accepted by the fund in lieu of the
Respondent’s delinquent contributions to the funds during the period of
the delinquency, the Respondent will reimburse the employee, but the
amount of such reimbursement will constitute a setoff to any amount
that the Respondent otherwise owes the funds.
ORDER
The National Labor Relations Board orders that the
Respondent, J.H. Reid General Contractor, South Plain-
field, New Jersey, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Failing and refusing to bargain collectively and in
good faith with United Steel, Paper and Forestry, Rub-
ber, Manufacturing, Energy, Allied Industrial and Ser-
vice Workers International (USW), AFL–CIO, CLC and
its Local 15024, as the exclusive collective-bargaining
representative of the following unit:
All employees in the classifications covered by the
2016–2018 collective bargaining agreement engaged in
the construction, maintenance, support, recycling or al-
lied operations historically performed by the employer
prior to February 24, 1994; and all persons employed
by the contractor in the performance of such work in
those geographic areas related as closely as practicable
to the states in which the employer has worked or con-
trolled the assignment of work prior to February 24,
1994. Excluded from the bargaining unit are engineer-
ing staff, clerical employees, watchmen, timekeepers,
superintendents, master mechanics, assistant superin-
tendents, general foremen, foremen or other supervi-
sors having the right to hire, fire or discipline or effec-
tively recommend such action.
(b) Failing and refusing to make contributions to the
Health, Welfare, Life and Dental Benefits Program or
providing an equivalent plan for unit employees as re-
quired by its collective-bargaining agreement with the
Union.
(c) Failing and refusing to make contributions to the
Apprenticeship and Training Trust Fund as required by
its collective-bargaining agreement with the Union.
(d) Failing and refusing to make contributions to a de-
ferred compensation plan as required by its collective-
bargaining agreement with the Union.
(e) Failing and refusing to remit to the Union dues de-
ducted from unit employees’ paychecks pursuant to duly
executed and unrevoked authorizations by the unit em-
ployees, as required by its collective-bargaining agree-
ment with the Union.
(f) Refusing to bargain collectively with the Union by
failing and refusing to furnish it with requested infor-
mation that is relevant and necessary to the Union’s per-
formance of its functions as the exclusive collective-
bargaining representative of the Respondent’s unit em-
ployees.
4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
(g) 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) Continue in effect all the terms and conditions of
employment contained in its 2016–2018 collective-
bargaining agreement with the Union.
(b) Make all contractually required contributions to the
unit employees’ Health, Welfare, Life and Dental Bene-
fits Program that have not been made since February
2017, and continue to make those contractually required
contributions, or provide an equivalent plan, and make
the unit employees whole for any expenses ensuing from
their failure to make such payments or provide such plan,
including any additional amounts due on behalf of unit
employees, with interest, in the manner set forth in the
remedy section of this decision.
(c) Make all contractually required contributions to the
unit employees’ Apprenticeship and Training Trust Fund
that have not been made since November 2016, and
make the unit employees whole for any expenses ensuing
from their failure to make such payments, including any
additional amounts due to the funds on behalf of unit
employees, with interest, in the manner set forth in the
remedy section of this decision.
(d) Make all contractually required contributions to the
unit employees’ deferred compensation plan that have
not been made since December 2016, and make the unit
employees whole for any expenses ensuing from their
failure to make such payments, including any additional
amounts due to the funds on behalf of unit employees,
with interest, in the manner set forth in the remedy sec-
tion of this decision.
(e) Remit to the Union dues that were deducted from
unit employees’ paychecks since November 2016, pursu-
ant to duly executed and unrevoked authorizations and
that were not remitted, as required by the collective-
bargaining agreement with the Union, with interest, in
the manner set forth in the remedy section of this deci-
sion.
(f) Furnish to the Union in a timely manner the infor-
mation requested on July 12 and November 22, 2017.
(g) Within 14 days after service by the Region, post at
its facility in South Plainfield, New Jersey, copies of the
attached notice marked “Appendix.”2 Copies of the no-

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.”
tice, on forms provided by the Regional Director for Re-
gion 22, 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. 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. Reasonable steps shall be taken by the Respond-
ent 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 Respondent has
gone out of business or closed the facility involved in
these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at any time since November 2016.
(h) Within 21 days after service by the Region, file
with the Regional Director for Region 22 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. June 7, 2018
______________________________________
Mark Gaston Pearce, Member
______________________________________
Marvin E. Kaplan, 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
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
J.H. REID GENERAL CONTRACTOR 5
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 fail and refuse to bargain collectively
and in good faith with United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International (USW), AFL–CIO, CLC
and its Local 15024 (the Union), as the exclusive collec-
tive-bargaining representative of the following unit:
All employees in the classifications covered by the
2016-2018 collective bargaining agreement engaged in
the construction, maintenance, support, recycling or al-
lied operations historically performed by the employer
prior to February 24, 1994; and all persons employed
by the contractor in the performance of such work in
those geographic areas related as closely as practicable
to the states in which the employer has worked or con-
trolled the assignment of work prior to February 24,
1994. Excluded from the bargaining unit are engineer-
ing staff, clerical employees, watchmen, timekeepers,
superintendents, master mechanics, assistant superin-
tendents, general foremen, foremen or other supervi-
sors having the right to hire, fire or discipline or effec-
tively recommend such action.
WE WILL NOT fail and refuse to make contributions to
the Health, Welfare, Life and Dental Benefits Program or
provide an equivalent plan for our unit employees as
required by our collective-bargaining agreement with the
Union.
WE WILL NOT fail and refuse to make contributions to
the Apprenticeship and Training Trust Fund as required
by our collective-bargaining agreement with the Union.
WE WILL NOT fail and refuse to make contributions to a
deferred compensation plan as required by our collective-
bargaining agreement with the Union.
WE WILL NOT fail and refuse to remit to the Union
dues deducted from unit employees’ paychecks pursuant
to duly executed and unrevoked authorizations by the
unit employees, as required by our collective-bargaining
agreement with the Union.
WE WILL NOT refuse to bargain collectively with the
Union by failing and refusing to furnish it with requested
information that is relevant and necessary to the Union’s
performance of its functions as the collective-bargaining
representative of our unit employees.
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 continue in effect all the terms and conditions
of employment contained in our 2016–2018 collective-
bargaining agreement with the Union.
WE WILL make all contractually required contributions
to the unit employees’ Health, Welfare, Life and Dental
Benefits Program that have not been made since Febru-
ary 2017, and continue to make those contractually re-
quired contributions, or provide an equivalent plan, and
make the unit employees whole for any expenses ensuing
from our failure to make such payments or provide such
plan, including any additional amounts due on behalf of
unit employees, with interest.
WE WILL make all contractually required contributions
to the unit employees’ Apprenticeship and Training Trust
Fund that have not been made since November 2016, and
make the unit employees whole for any expenses ensuing
from our failure to make such payments, including any
additional amounts due to the funds on behalf of unit
employees, with interest.
WE WILL make all contractually required contributions
to the unit employees’ deferred compensation plan that
have not been made since December 2016, and make the
unit employees whole for any expenses ensuing from our
failure to make such payments, including any additional
amounts due to the funds on behalf of unit employees,
with interest.
WE WILL remit to the Union dues that were deducted
from unit employees’ paychecks since November 2016,
pursuant to duly executed and unrevoked authorizations
and that were not remitted, as required by our collective-
bargaining agreement with the Union, with interest, in
the manner set forth in the remedy section of this deci-
sion.
WE WILL furnish to the Union in a timely manner the
information requested on July 12 and November 22,
2017.
J.H. REID GENERAL CONTRACTOR
6 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
The Board’s decision can be found at
www.nlrb.gov/case/22-CA-199736 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.