Power Tech Services, Inc.

National Labor Relations Board - Administrative Judge Opinions

Jun 15, 2007

22-CA-027787 (N.L.R.B. Jun. 15, 2007)

JD(NY)–27-07
Hamilton, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DIVISION OF JUDGES
NEW YORK BRANCH OFFICE
POWER TECH SERVICES, INC.
and Case No. 22-CA-27787
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 269
Dorothy Foley, Esq., Counsel for the General Counsel.
Richard Aicher,Jr., Assistant Business Manager/Organizer, for the Charging Party.
DECISION
Statement of the Case
Joel P. Biblowitz, Administrative Law Judge: This case was heard by me on June 5,
2007 in Newark, New Jersey. The Complaint herein, which issued on April 26, 2007, and was
based upon an unfair labor practice charge that was filed on January 19, 2007 by International
Brotherhood of Electrical Workers, Local 269, herein called the Union, alleges that Power Tech
Services, Inc., herein called the Respondent, violated Section 8(a)(1)(5) of the Act by refusing to
bargain with the Union as the exclusive collective bargaining representative for certain of its
employees, even though it reviewed the Union authorization cards signed by a majority of its
employees. The Complaint further alleged that pursuant to the Board’s Rules and Regulations,
an Answer must be received by the Board’s regional office by May 10, 2007. By letter to the
Respondent dated May 15, 2007, Regional Attorney Michael Lightner notified the Respondent
that, to date, no Answer to the Complaint had been received, and that the region was extending
the deadline for the filing of an Answer to May 22, 2007, but if an Answer has not been received
by that date, the region would filed a Motion for Default Judgment. Despite being given this
extension of time to file an Answer, the Respondent failed to file an Answer and did not appear
at the hearing herein. Counsel for the General Counsel, at the hearing, moved for default
judgment, which motion I granted. Based upon the pleadings herein, I make the following
findings of fact and conclusions of law:
1. The charge in this proceeding was filed by the Union on January 19, 2007, and a
copy was served upon Respondent on January 23, 2007.
2. At all material times, Respondent, with an office and place of business in Hamilton,
New Jersey, has been engaged in the provision of electrical services.
3. During the preceding 12 months, Respondent in conducting its business described in
Paragraph 2, has purchased and received at its Hamilton facility goods valued in excess of
$50,000 directly from points outside the State of New Jersey.
4. At all material times, Respondent has been an employer engaged in commerce within
the meaning of Section 2(2), (6) and (7) of the Act.
5. At all material times the Union has been a labor organization within the meaning of
Section 2(5) of the Act.
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6. At all material times the following individuals held the positions set forth opposite their
respective names and have been supervisors of Respondent within the meaning of Section
2(11) of the Act and agents of Respondent within the meaning of Section 2(13) of the Act:
Dan Kulik President
Tom Healy Director of Operations
Mike D’Ambrosia Project Manager
Troy Husted Project Manager
Kim Hemingway Human Resources Manager
7. The following employees of Respondent, herein called the unit, constitute a unit
appropriate for the purposes of collective bargaining within the meaning of the Act:
All full time and regular part time electricians and electrical apprentices.
8. About May 11, 2006, a majority of the unit designated and selected the Union as their
representative for the purposes of collective bargaining with Respondent.
9(a) On or about May 11, 2006, Respondent, through its manager Tom Healy, reviewed
the authorization cards signed by its employees.
9(b) On or about May 23, 2006, Respondent, through its President Dan Kulik, reviewed
the authorization cards signed by its employees.
10. As a result of the conduct described above in paragraph 9, Respondent established
that the Union represented a majority of the Unit and recognized the Union as the exclusive
collective bargaining representative of the Unit.
11. At all times since May 11, 2006, based on Section 9)a) of the Act, the Union has
been the exclusive collective bargaining representative of the Unit.
12. By letters of October 31, 2006, November 13, 2006 and November 28, 2006, the
Union, by Assistant Business Manager Richard Aicher, requested that Respondent bargain
collectively with the Union as the exclusive collective bargaining representative of the Unit.
13. Since October 31, 2006, Respondent has failed and refused to bargain with the
Union as the exclusive collective bargaining representative of the Unit.
14. By the conduct described above in Paragraphs 12 and 13, Respondent has been
failing and refusing to bargain collectively with the exclusive collective bargaining
representative of its employees in violation of Section 8(a)(1) and (5) of the Act.
15. The unfair labor practices of Respondent described above affect commerce within
the meaning of Section 2(6) and (7) of the Act.
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The Remedy
Having found that the Respondent has engaged in certain unfair labor practices, I
recommend that it be ordered to cease and desist from engaging in these activities and that it
be ordered to take certain affirmative action designed to effectuate the policies of the Act. In this
regard, I recommend that the Respondent notify the Union, in writing, that it recognizes the
Union as the exclusive collective bargaining representative of the unit employees herein, and
that, upon request, it will bargain with the Union about the terms and conditions of employment
of these employees.
On these findings of fact and conclusions of law and on the entire record, I issue the
following recommended1:
ORDER
The Respondent, Power Tech Services, Inc., its officers, agents and representatives,
shall:
1. Cease and desist from
(a) Failing and refusing to recognize and bargain with the Union as the exclusive
collective bargaining representative for its full time and regular part time electricians and
electrical apprentices, herein called the unit.
(b) In any like or related manner, interfering with, restraining or coercing employees in
the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action designed to effectuate the policies of the Act:
(a) Notify the Union, in writing, within 10 days of the receipt of this Decision and Order,
that it will recognize the Union as the exclusive collective bargaining representative of its unit
employees, and, upon request, will bargain with the Union about the terms and conditions of
employment of these employees.
(b) Within 14 days after service by the Region, post at its facility in Hamilton, New
Jersey, copies of the attached notice marked “Appendix.”2 Copies of the notice, on forms
provided by the Regional Director for Region 22, 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 Respondent to ensure that the
notices are not altered, defaced, or covered by any other material. In the event that, during the

1 If no exceptions are filed as provided by Sec. 102.46 of the Board’s Rules and
Regulations, the findings, conclusions, and recommended Order shall, as provided in Sec.
102.48 of the Rules, be adopted by the Board and all objections to them shall be deemed
waived for all purposes.
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 National Labor Relations Board” shall read “Posted
Pursuant to a Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
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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 current employees and former employees employed by the Respondent
at any time since May 11, 2006.
(c) Within 21 days after service by the Region, file with the Regional Director a sworn
certification 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 15, 2007.
_______________________________
Joel P. Biblowitz
Administrative Law Judge
JD(NY)–27-07

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 benefit and protection
Choose not to engage in any of these protected activities
WE WILL NOT refuse to recognize and bargain with International Brotherhood of Electrical
Workers, Local 269 (“the Union”) as the exclusive collective bargaining representative for our
full time and regular part time electricians and electrical apprentices.
WE WILL NOT in any like or related manner interfere with, restrain or coerce our employees in
the exercise of the rights guaranteed them by Section 7 of the Act.
WE WILL notify the Union, in writing, within 10 days from the receipt of this Decision and Order,
that we recognize them as the exclusive collective bargaining representative for our full time and
regular part time electricians and electrical apprentices and, upon request, WE WILL bargain
with the Union about the terms and conditions of employment of these employees.
POWER TECH SERVICES, INC.
(Employer)
Dated________________ By__________________________________________________
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor
Relations Act. It conducts secret-ballot elections to determine whether employees want union representation and it
investigates and remedies unfair labor practices by employers and unions. To find out more about your rights under
the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s
Regional Office set forth below. You may also obtain information from the Board’s website: www.nlrb.gov.
20 Washington Place, 5th Floor
Newark, New Jersey 07102-3110
Hours: 8:30 a.m. to 5 p.m.
973-645-2100.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST
NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS
NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE’S
COMPLIANCE OFFICER, 973-645-3784.