Parks International Corp.

National Labor Relations Board - Board Decisions

Jun 13, 2003

339 N.L.R.B. 285 (N.L.R.B. 2003)

PARKS INTERNATIONAL CORP. 285
Parks International Corporation; Constructo Work-
force Temps, Inc. and Local Union 342 of the In-
ternational Brotherhood of Electrical Workers,
AFL–CIO. Case 11–CA–18654–1
June 13, 2003
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS SCHAUMBER
AND WALSH
The General Counsel seeks a default judgment1 in this
case on the ground that the Respondents have failed to
file an answer to the complaint. Upon a charge filed by
the Union on April 17, 2000, the General Counsel issued
the complaint on August 22, 2002, against Parks Interna-
tional Corporation and Constructo Workforce Temps,
Inc., the Respondents, alleging that they have violated
Section 8(a)(1) and (3) of the Act. The Respondents
failed to file an answer.
On October 28, 2002, the General Counsel filed with
the Board a Motion for Summary Judgment, and Memo-
randum in Support.2 On October 30, 2002, 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 motions 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 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.3
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.

1 The General Counsel’s motion requests summary judgment on the
ground that the Respondent has failed to file an answer to the com-
plaint. Accordingly, we construe the General Counsel’s motion as a
Motion for Default Judgment.
2 The General Counsel filed a motion to file a corrected memoran-
dum on November 8, 2002. The motion is granted.
3 Copies of the complaint, served by certified mail on Respondent
Parks, were returned as undeliverable. However, it is well established
that the failure to accept certified mail or to provide for proper service
cannot serve to defeat the purposes of the Act. See Michigan Expedit-
ing Service, 282 NLRB 210 fn. 6 (1986). Although it appears that no
further reminder letter was sent to the Respondents, this does not war-
rant denying the General Counsel’s Motion for Default Judgment. See,
e.g., Superior Industries, 289 NLRB 834, 835 fn. 13 (1988).
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
Respondent Parks is now, and has been at all times
material herein, a Tennessee corporation, which operated
a jobsite located in Winston-Salem, North Carolina,
where it was engaged in performing electrical construc-
tion services. During the 12-month period preceding
issuance of the complaint, Respondent Parks performed
services valued in excess of $50,000 in States other than
the State of North Carolina. Respondent Parks is now,
and has been at all times material herein, an employer
engaged in commerce within the meaning of Section 2(6)
and (7) of the Act.
Respondent Constructo is now, and has been at all
times material herein, a New Jersey corporation, with an
office located at Ft. Lee, New Jersey, where it is engaged
in providing temporary employees to various employers,
including employees who performed electrical construc-
tion work at Respondent Parks’ Winston-Salem, North
Carolina jobsites. During the 12-month period preceding
issuance of the complaint, Respondent Constructo per-
formed services valued in excess of $50,000 in States
other than the State of North Carolina. Respondent Con-
structo is now, and has been at all times material herein,
an employer engaged in commerce within the meaning of
Section 2(6) and (7) of the Act.
At all times material herein, Respondent Constructo
provided temporary employees to Respondent Parks at
Respondent Parks’ Winston-Salem, North Carolina job-
sites, pursuant to a contract with Respondent Parks. At
all times material herein, Respondent Parks and Respon-
dent Constructo have been joint employers of the tempo-
rary employees provided by Respondent Constructo to
Respondent Parks at Respondent Parks’ Winston-Salem,
North Carolina jobsites.
We find that the 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
At all times material herein, the following-named per-
sons occupied the positions set opposite their names, and
have been, and are now, agents of the Respondents, act-
ing on their behalf and are supervisors within the mean-
ing of Section 2(11) of the Act:

Howard (Cotton) Decuir Sr.—Parks, Superintendent
Howard (Bubba) Decuir Jr.—Parks, Foreman
John Keenan—Parks, Foreman
_____ Devlin (first name unknown)—Parks, Leadman
339 NLRB No. 40
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 286
Ron Kroeger—Constructo, Management Official
____ Howard (first name unknown)—Constructo,
Management Official

Since on or about February 29, 2000, and continuing to
date, the Respondents, through the actions of their agent
and supervisor, Howard (Cotton) Decuir, at Respondent
Parks’ Winston-Salem, North Carolina jobsite, have in-
terfered with, restrained, and coerced, and are interfering
with, restraining, and coercing their employees in the
exercise of rights guaranteed in Section 7 of the Act by
the following acts and conduct:
(a) Threatening their employees with discharge for
supporting the Union on March 17, 2000.
(b) Interrogating their employees regarding their union
sympathies and desires on March 17, 2000.
(c) Informing their employees that it had discharged
union members on April 7, 2000.
(d) Informing their employees that they would not em-
ploy union members on April 7, 2000.
The Respondents refused to hire the employee named
below on or about the date set opposite his name:

Reuben Blakeney—March 21, 2001

Respondent Parks discharged, and failed to reinstate,
the following named employees on or about the dates set
opposite their names.

Douglas Summers—March 3, 2000
John Anderson—March 3, 2000
Michael Miller—March 3, 2000
William Baker—March 18, 2000
Kenneth Sandboeth—April 10, 2000

The Respondents engaged in the conduct described
above because the employees named therein joined, sup-
ported, or assisted the Union, and engaged in concerted
activities for the purpose of collective bargaining or other
mutual aid or protection, and in order to discourage em-
ployees from engaging in such activities or other con-
certed activities for the purpose of collective bargaining
or other mutual aid or protection.
CONCLUSIONS OF LAW
1. By informing employees that they had discharged
union members and would not hire union members, by
threatening employees with discharge for supporting the
Union, and by interrogating employees about their union
activities and the union activities of other employees, the
Respondents have interfered with, restrained, and co-
erced 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 hire Reuben Blakeney, the Respon-
dents have been discriminating in regard to the hire or
tenure or terms and conditions of employment of their
employees, thereby discouraging membership in a labor
organization in violation of Section 8(a)(3) and (1) of the
Act.
3. By discharging Douglas Summers, John Anderson,
Michael Miller, William Baker, and Kenneth Sandboeth,
and failing to offer them reinstatement to their former
positions, Respondent Parks has been discriminating in
regard to the hire or tenure or terms and conditions of
employment of their employees, thereby discouraging
membership in a labor organization in violation of Sec-
tion 8(a)(3) and (1) of the Act.4
4. The 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. The Re-
spondents shall be ordered to:

4 Unlike our colleague, we believe that the complaint is insufficient
to warrant the imposition of liability for the alleged discharges on Con-
structo. First, the complaint is at best ambiguous as to whether it seeks
to impose such joint liability on Constructo. The complaint alleges that
Parks alone discharged the employees. In this regard, par. 14 alleges
only that Respondent Parks discharged the five named employees.
Contrary to our colleague, we do not find that subsequent complaint
allegations establish otherwise. At best, the summary or “wrap up” par.
17 created an ambiguity; it was not sufficient to put Respondent Con-
structo on notice of alleged joint liability for the discharges. Second,
we find that the complaint is insufficient in that it does not allege that
the discharged employees were part of the jointly managed work force.
See Action Temporary Employment, 337 NLRB 268, 269 (2001). This
jointly managed work force allegation is an ultimate fact which must be
alleged, as distinguished from evidentiary support which need not be
alleged. See Boilermakers Local 363 (Fluor Corp.), 123 NLRB 1877,
1913 (1959).
Member Walsh disagrees with his colleagues’ reading of the com-
plaint. Although par. 14 alleges that only Respondent Parks discharged
and refused to reinstate the five employees, pars. 16 and 17 allege that
both “Respondents, by the acts described above in paragraph[] . . . 14
. . ., and by each of said acts,” violated Sec. 8(a)(3) and (1) of the Act.
Thus, the General Counsel is alleging that Respondent Constructo is
liable for the unlawful conduct of Respondent Parks. By failing to file
an answer, Respondent Constructo has admitted all of the complaint
allegations, including the allegations of pars. 16 and 17. Further, it is
not necessary for the complaint to specifically allege that the dis-
charged employees were part of the “jointly managed work force”
within the meaning of Capitol EMI Music, 311 NLRB 997, 1000
(1993), enfd. mem. 23 F.3d 399 (4th Cir. 1994). See Boilermakers
Local 363, supra (complaint need not set out all the elements of a cause
of action). Accordingly, Member Walsh would find that Respondent
Constructo is jointly liable for Respondent Parks’ unlawful actions
against the five employees, and he would so provide in the remedial
Order.
PARKS INTERNATIONAL CORP. 287
(1) Cease and desist from informing employees that
the Respondents had discharged union members and
would not hire union members, and threatening and in-
terrogating employees about their union activities and the
union activities of other employees.
(2) Offer Reuben Blakeney instatement to the position
for which he applied or, if that position no longer exists,
to a substantially equivalent position, without prejudice
to his seniority or any other rights or privileges.
(3) Make Reuben Blakeney whole for any loss of earn-
ings and other benefits suffered as a result of the dis-
crimination against him. 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).
(4) Remove from their files any and all references to
the unlawful refusal to hire Blakeney, and notify him that
this has been done.
Further, Respondent Parks shall be ordered to:
(1) Offer Douglas Summers, John Anderson, Michael
Miller, William Baker, and Kenneth Sandboeth 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 or privi-
leges previous enjoyed.
(2) Make Douglas Summers, John Anderson, Michael
Miller, William Baker, and Kenneth Sandboeth 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.,
supra, with interest as prescribed in New Horizons for the
Retarded, supra.
(3) Remove from its files any and all references to the
unlawful discharges, and notify the discriminatees in
writing that this has been done.
ORDER
The National Labor Relations Board orders that
A. Respondent Constructo Workforce Temps, Inc., Ft.
Lee, New Jersey, and Winston-Salem, North Carolina, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Threatening employees with discharge for support-
ing the Union.
(b) Interrogating employees regarding their union sym-
pathies and desires.
(c) Informing employees that they discharged union
members.
(d) Informing employees that they will not employ un-
ion members.
(e) Refusing to hire employees because they joined,
supported, or assisted the Union and engaged in con-
certed activities, and to discourage employees from en-
gaging in these activities.
(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
Reuben Blakeney instatement to the position for which
he applied or, if that position no longer exists, to a sub-
stantially equivalent position, without prejudice to his
seniority or any other rights or privileges.
(b) Jointly and severally with Respondent Parks Inter-
national Corp., make Reuben Blakeney whole for any
loss of earnings and other benefits he suffered as a result
of the unlawful discrimination against him, in the manner
set forth in the remedy section of the decision.
(c) Within 14 days from the date of this Order, remove
from its files any and all references to the unlawful re-
fusal to hire Reuben Blakeney, and within 3 days thereaf-
ter, notify him in writing that this has been done, and that
the unlawful conduct will not be used against him 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 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.
(e) Within 14 days after service by the Region, post at
its facilities in Ft. Lee, New Jersey, and Winston-Salem,
North Carolina, copies of the attached notice marked
“Appendix A.”5 Copies of the notice, on forms provided
by the Regional Director for Region 11, after being
signed by the Respondent’s authorized 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 Respon-
dent 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

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.”
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 288
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 February 29, 2000.
(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
comply.
B. Respondent Parks International Corporation,
Winston-Salem, North Carolina, its officers, agent, suc-
cessors, and assigns shall
1. Cease and desist from
(a) Threatening employees with discharge for support-
ing the Union.
(b) Interrogating employees regarding their union
sympathies and desires.
(c) Informing employees that they discharged union
members.
(d) Informing employees that they will not employ un-
ion members.
(e) Refusing to hire, discharging, and failing to rein-
state employees because they joined, supported, or as-
sisted the Union and engaged in concerted activities, and
to discourage employees from engaging in these activi-
ties.
(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
Reuben Blakeney instatement to the position for which
he applied or, if that position no longer exists, to a sub-
stantially equivalent position, without prejudice to his
seniority or any other rights or privileges.
(b) Jointly and severally with Respondent Constructo
Workforce Temps, Inc., make Reuben Blakeney whole
for any loss of earnings and other benefits he suffered as
a result of the unlawful discrimination against him, in the
manner set forth in the remedy section of the decision.
(c) Within 14 days from the date of this Order, offer
Douglas Summers, John Anderson, Michael Miller, Wil-
liam Baker, and Kenneth Sandboeth 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.
(d) Make Douglas Summers, John Anderson, Michael
Miller, William Baker, and Kenneth Sandboeth whole
for any loss of earnings and other benefits suffered as a
result of the discrimination against them, in the manner
set forth in the remedy section of this decision.
(e) Within 14 days from the date of this Order, remove
from its files any and all references to the unlawful re-
fusal to hire Reuben Blakeney and the terminations of
Douglas Summers, John Anderson, Michael Miller, Wil-
liam Baker, and Kenneth Sandboeth, and within 3 days
thereafter, notify them in writing that this has been done,
and that the unlawful conduct will not be used against
them 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 re-
cords 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, post at
its facility in Winston-Salem, North Carolina, copies of
the attached notice marked “Appendix B.”6 Copies of
the notice, on forms provided by the Regional Director
for Region 11, after being signed by the Respondent’s
authorized representative, shall be posted by the Respon-
dent and maintained for 60 consecutive days in con-
spicuous places including all places where notices to
employees are customarily posted. Reasonable steps
shall be taken by the Respondent 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, the Respondent has gone out of business or
closed the facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former
employees employed by the Respondent at any time
since February 29, 2000.
(h) 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 A
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.

6 See fn. 5, supra.
PARKS INTERNATIONAL CORP. 289
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist any 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 our employees with discharge
for supporting the Union.
WE WILL NOT interrogate employees regarding their un-
ion sympathies and desires.
WE WILL NOT inform employees that we discharged un-
ion members.
WE WILL NOT inform employees that we will not em-
ploy union members.
WE WILL NOT refuse to hire employees because they
joined, supported, or assisted the Union and engaged in
concerted activities, and to discourage employees from
engaging in these activities.
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 Ruben Blakeney instatement to the position
for which he applied or, if that position no longer exists,
to a substantially equivalent position, without prejudice
to his seniority or any other rights or privileges.
WE WILL, jointly and severally with Parks International
Corporation, make Ruben Blakeney whole for any loss
of earnings and other benefits he suffered as a result of
the unlawful discrimination against him, less any net
interim earnings, plus interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any and all references to the
unlawful refusal to hire Reuben Blakeney, and WE WILL,
within 3 days thereafter, notify him in writing that this
has been done, and that the unlawful conduct will not be
used against him in any way.

CONSTRUCTO WORKFORCE TEMPS, INC.
APPENDIX B
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 any 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 our employees with discharge
for supporting the Union.
WE WILL NOT interrogate employees regarding their un-
ion sympathies and desires.
WE WILL NOT inform employees that we discharged un-
ion members.
WE WILL NOT inform employees that we will not em-
ploy union members.
WE WILL NOT refuse to hire, discharge, and fail to rein-
state employees because they joined, supported, or as-
sisted the Union and engaged in concerted activities, and
to discourage employees from engaging in these activi-
ties.
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 Ruben Blakeney instatement to the position
for which he applied or, if that position no longer exists,
to a substantially equivalent position, without prejudice
to his seniority or any other rights or privileges.
WE WILL, jointly and severally with Constructo Work-
force Temps, Inc., make Ruben Blakeney whole for any
loss of earnings and other benefits he suffered as a result
of the unlawful discrimination against him, less any net
interim earnings, plus interest.
WE WILL, within 14 days from the date of the Board’s
Order, offer Douglas Summers, John Anderson, Michael
Miller, William Baker, and Kenneth Sandboeth immedi-
ate and full reinstatement 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 privileges previously enjoyed.
WE WILL make Douglas Summers, John Anderson, Mi-
chael Miller, William Baker, and Kenneth Sandboeth
whole for any loss of earnings and other benefits suffered
as a result of the discrimination against them, less any
net interim earnings, plus interest.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 290
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any and all references to the
unlawful refusal to hire Reuben Blakeney and the termi-
nations of Douglas Summers, John Anderson, Michael
Miller, William Baker, and Kenneth Sandboeth, and WE
WILL, within 3 days thereafter, notify them in writing that
this has been done, and that the unlawful conduct will
not be used against them in any way.

PARKS INTERNATIONAL CORPORATION