Rock Technologies, Inc.

National Labor Relations Board - Board Decisions

Mar 31, 2006

346 N.L.R.B. 68 (N.L.R.B. 2006)

346 NLRB No. 68
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.
Rock Technologies, Inc. and Local 2, International
Brotherhood of Electrical Workers, AFL–CIO.
Cases 14–CA–28313 and 14–CA–28341
March 31, 2006
DECISION AND ORDER
BY MEMBERS LIEBMAN, SCHAUMBER, AND WALSH
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has withdrawn its
answer to the consolidated complaint. Upon a charge
filed by the Union in Case 14–CA–28313 on June 9,
2005, and a charge and an amended charge filed by the
Union in Case 14–CA–28341 on July 5 and August 8,
2005, respectively, the General Counsel issued an Order
consolidating cases, complaint and notice of hearing on
August 19, 2005, against Rock Technologies, Inc., the
Respondent. On September 1, 2005, the Respondent
filed an answer to the consolidated complaint. By letter
dated December 5, 2005, the Respondent, by counsel,
withdrew its answer.
On December 13, 2005, the General Counsel filed a
Motion for Default Judgment with the Board. On De-
cember 14, 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
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 consolidated complaint affirma-
tively stated that unless an answer was filed by Septem-
ber 2, 2005, all the allegations in the consolidated com-
plaint could be found to be true. On September 1, 2005,
the Respondent filed an answer to the consolidated com-
plaint. Thereafter, by letter dated December 5, 2005, the
Respondent, by counsel, withdrew its answer.1 The with-
drawal of an answer has the same effect as a failure to
file an answer, i.e., the allegations in the consolidated
complaint must be considered to be true.2

1 The Respondent’s letter withdrawing its answer states that it is go-
ing out of business. However, there is nothing before the Board indi-
cating that the Respondent has actually ceased operations.
2 See Maislin Transport, 274 NLRB 529 (1985).
Accordingly, 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, the Respondent, a Missouri cor-
poration with an office and place of business in Chester-
field, Missouri, has been engaged in the building and
construction trade as a contractor drilling holes in rock or
other hard surfaces for installation of electrical systems.
During the 12-month period ending July 31, 2005, the
Respondent, in conducting its business operations de-
scribed above, performed services valued in excess of
$50,000 in states other than the State of Missouri.
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 Local 2, International Brother-
hood of Electrical Workers, AFL–CIO is a labor organi-
zation within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, Missouri Valley Line Construc-
tors Chapter, Inc., National Electrical Contractors Asso-
ciation, Inc. (the Association), has been an organization
of various employers engaged in the building and con-
struction industry as electrical contractors performing
line work and underground installation of electric light
and power properties, one purpose of which is to repre-
sent its employer-members in negotiating and adminis-
tering collective-bargaining agreements with the Union.
About May 20, 1998, the Respondent entered into a
Letter of Assent—A, whereby the Respondent authorized
the Association to bargain collectively on its behalf with
the Union concerning wages, hours, and other terms and
conditions of employment of its employees in the unit
and agreed to be bound by the collective-bargaining
agreement between the Union and the Association effec-
tive May 20, 1998, and further agreed to be bound by
future agreements unless timely notice was given.
At all material times, the following individuals held
the positions set forth opposite their respective names
and have been supervisors of the Respondent within the
meaning of Section 2(11) of the Act and agents of the
Respondent within the meaning of Section 2(13) of the
Act:
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
Dennis Maxey - President
Randy Wills - General Foreman
On about April 1, 2005, the exact date being presently
unknown, the Respondent’s General Foreman Randy
Wills, at a jobsite for Ameren UE, told an employee that
the Respondent was specifically working the Ameren UE
job nonunion.
Between about May 20, 2005 and June 4, 2005, the
exact date being presently unknown, the Respondent, by
General Foreman Wills, at a jobsite for Ameren UE, told
an employee that any employee involved in organizing
the Union would be fired.
About June 6, 2005, the Respondent discharged its
employees Frankie S. DeClue and Larry King.
The Respondent discharged DeClue and King because
they formed, joined, and assisted the Union and engaged
in concerted activities, and to discourage employees from
engaging in these activities.
The unit of employees of the Respondent, here called
the unit, set forth in the collective-bargaining agreement
described below, constitutes a unit appropriate for the
purposes of collective bargaining within the meaning of
Section 9(b) of the Act.
On May 20, 1998, the Respondent, an employer en-
gaged in the building and construction industry, granted
recognition to the Union as the exclusive collective-
bargaining representative of the unit without regard to
whether the majority status of the Union has ever been
established under the provisions of Section 9(a) of the
Act. Such recognition has been embodied in the Letter
of Assent—A, described above, and in successive collec-
tive-bargaining agreements, the most recent of which is
effective for the period September 1, 2004 to August 31,
2005.
For the period May 20, 1998 to August 31, 2005,
based on Section 9(a) of the Act, the Union has been the
limited exclusive collective-bargaining representative of
the unit.3
About September 1, 2004, the Union entered into a
collective-bargaining agreement with the Association,
which is effective for the period September 1, 2004 to
August 31, 2005.
At no time did the Respondent provide timely notice of
termination of the assignment of bargaining authority to

3 The consolidated complaint alleges that the Respondent is a con-
struction industry employer and that it granted recognition to the Union
without regard to whether the Union had established majority status.
Accordingly, we find that the relationship was entered into pursuant to
Sec. 8(f) of the Act and that the Union is therefore the limited 9(a)
representative of the unit employees for the period covered by the con-
tract. See, e.g., A.S.B. Cloture, Ltd., 313 NLRB 1012 (1994).
the Association pursuant to the terms of the Letter of
Assent—A.
At all material times, by virtue of the acts and conduct
described above, the Respondent has been bound by the
terms of the Letter of Assent—A.
At all material times, by virtue of the acts and conduct
described above, the Respondent has been bound by the
terms of the September 1, 2004 to August 31, 2005 col-
lective-bargaining agreement with the Union.
Since about March 1, 2005, the Respondent has failed
to continue in effect the terms and conditions of the Sep-
tember 1, 2004 to August 31, 2005 collective-bargaining
agreement with the Union, including by failing to:
i. Utilize the Union as the exclusive source of referrals
of employees for employment on jobsites within the
Union’s geographical jurisdiction;
ii. Pay the wages and benefits required by the agree-
ment;
iii. Make the required payroll deductions, provide pay
stubs, and pay required state and federal taxes and so-
cial security contributions;
iv. Remit union dues to the Union; and,
v. File required benefit fund reports with the Union.
The Respondent engaged in the conduct described
above without the Union’s consent.
The terms and conditions of employment described
above are mandatory subjects for the purpose of collec-
tive bargaining.
By letter dated June 23, 2005, the Union requested the
Respondent to provide copies of employee payroll re-
cords for October 2004 to the present for employees
Larry King and Frankie S. DeClue, copies of IRS pay-
ment records for October 2004 to the present for King
and DeClue, and information from the personnel files of
King and DeClue.
The information requested by the Union as described
above is necessary for, and relevant to, the Union’s per-
formance of its duties as the exclusive collective-
bargaining representative of the unit.
Since June 23, 2005, the Respondent has failed and re-
fused to furnish the Union with the information requested
by it.
CONCLUSIONS OF LAW
1. By telling employees that it was working the
Ameren UE job nonunion and that any employee in-
volved in organizing the Union would be fired, the Re-
spondent has interfered with, restrained, and coerced
employees in the exercise of the rights guaranteed by
ROCK TECHNOLOGIES, INC. 3
Section 7 of the Act, in violation of Section 8(a)(1) of the
Act.
2. By discharging employees Frankie S. DeClue and
Larry King, the Respondent has discriminated in regard
to the hire or tenure or terms and conditions of employ-
ment of its employees, thereby discouraging membership
in a labor organization, in violation of Section 8(a)(3)
and (1) of the Act.
3. By failing and refusing to continue in effect all of
the terms and conditions of the September 1, 2004 to
August 31, 2005 collective-bargaining agreement with
the Union, and by failing and refusing to provide the
Union with the information requested by it in its June 23,
2005 letter, the Respondent has failed and refused to bar-
gain collectively and in good faith with the limited ex-
clusive collective-bargaining representative of its em-
ployees within the meaning of Section 8(d) of the Act,
and has thereby engaged in unfair labor practices within
the meaning of Section 8(a)(5) and (1) 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)(3) and
(1) by discharging Larry King and Frankie S. DeClue,
we shall order the Respondent to offer King and DeClue
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). The
Respondent shall also be required to remove from its
files all references to the unlawful discharges of King
and DeClue, and to notify them in writing that this has
been done and that the discharges will not be used
against them in any way.
In addition, having found that the Respondent has vio-
lated Section 8(a)(5) and (1) of the Act by failing to con-
tinue in effect all of the terms and conditions of the Sep-
tember 1, 2004 to August 31, 2005 collective-bargaining
agreement with the Union, we shall order the Respondent
to honor the terms and conditions of the agreement, and
any automatic renewal or extension of it. We shall also
order the Respondent to make whole its unit employees
for any loss of earnings and other benefits, including
payment of the Respondent’s portion of state and federal
employment taxes and social security contributions,
which they have suffered as a result of the Respondent’s
failure to continue in effect all the terms of the agree-
ment. Such amounts are to 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
as prescribed in New Horizons for the Retarded, supra.
We shall also order the Respondent to submit the con-
tractually-required benefit fund reports that have not
been submitted to the Union since about March 1, 2005,
and to make all contractually-required benefit fund con-
tributions that have not been made since about that date,
including any additional amounts due the funds in accor-
dance with Merryweather Optical Co., 240 NLRB 1213,
1216 fn. 6 (1979). The Respondent shall reimburse unit
employees for any expenses ensuing from its failure to
make the required contributions, as set forth in Kraft
Plumbing & Heating, 252 NLRB 891 fn. 2 (1980), enfd.
661 F.2d 940 (9th Cir. 1981). Such amounts are to be
computed in the manner set forth in Ogle Protection Ser-
vice, supra, with interest as prescribed in New Horizons
for the Retarded, supra.4
In addition, we shall order the Respondent to remit to
the Union dues payments deducted pursuant to valid
checkoff authorizations prior to the expiration of the Sep-
tember 1, 2004 to August 31, 2005 collective-bargaining
agreement with the Union, and any automatic renewal or
extension of it, which have not been remitted since about
March 1, 2005, with interest as prescribed in New Hori-
zons for the Retarded, supra.
Further, in order to remedy the Respondent’s failure to
utilize the Union’s hiring hall as required by the Septem-
ber 1, 2004 to August 31, 2005 collective-bargaining
agreement with the Union, we shall order the Respondent
to offer immediate and full employment to those appli-
cants who would have been referred to the Respondent
for employment by the Union were it not for the Respon-
dent’s unlawful conduct, and to make them whole for
any losses suffered by reason of the Respondent’s failure
to hire them.5 Backpay is to be computed in accordance

4 To the extent that an employee has made personal contributions to
a benefit or other fund that have been accepted by the fund in lieu of
the Respondent’s delinquent contributions during the period of the
delinquency, the Respondent will reimburse the employee, but the
amount of such reimbursement will constitute a setoff to the amount
that the Respondent otherwise owes the fund.
5 We leave to the compliance stage the determination of which, if
any, employees fall into this category.
In this regard, Member Schaumber does not now decide issues con-
cerning the validity of J. E. Brown Electric, 315 NLRB 620 (1994).
See concurring opinions in Brown, and in Coulter’s Carpet, 338 NLRB
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
with F. W. Woolworth Co., supra, with interest as pre-
scribed in New Horizons for the Retarded, supra. Rein-
statement and backpay issues will be resolved by a fac-
tual inquiry at the compliance stage of the proceeding. J.
E. Brown Electric, supra.
Finally, having found that the Respondent has violated
Section 8(a)(5) and (1) by failing and refusing to provide
the Union with information that is necessary and relevant
to its role as the limited exclusive bargaining representa-
tive of the unit employees, we shall order the Respondent
to furnish the Union with the information it requested in
its letter dated June 23, 2005.
ORDER
The National Labor Relations Board orders that the
Respondent, Rock Technologies, Inc., Chesterfield, Mis-
souri, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Telling employees that it is working the Ameren
UE job nonunion.
(b) Threatening to discharge employees if they engage
in union or other protected concerted activities.
(c) Discharging employees because they form, join, or
assist Local 2, International Brotherhood of Electrical
Workers, AFL–CIO, or any other labor organization, or
engage in concerted activities, or to discourage employ-
ees from engaging in these activities.
(d) Failing and refusing to bargain collectively and in
good faith with Local 2, International Brotherhood of
Electrical Workers, AFL–CIO, as the limited exclusive
collective-bargaining representative of the employees in
the following unit during the term of the September 1,
2004 to August 31, 2005 collective-bargaining agree-
ment with the Union, and any automatic renewal or ex-
tension of it. The unit is as described in the September 1,
2004 to August 31, 2005 collective-bargaining agree-
ment.
(e) Failing to continue in effect all of the terms and
conditions of the September 1, 2004 to August 31, 2005
collective-bargaining agreement, and any automatic re-
newal or extension of it, including by failing to: utilize
the Union as the exclusive source of referrals of employ-
ees for employment on jobsites within the Union’s geo-
graphical jurisdiction; pay the wages and benefits re-
quired by the agreement; make the required payroll de-
ductions, provide pay stubs, and pay required state and
federal taxes and social security contributions; remit dues
to the Union; and file required benefit fund reports with
the Union.

732 (2002). See also dissenting opinions in M. J. Wood, 325 NLRB
1065, 1068 fn. 9 (1998), and Baker Electric, 317 NLRB 335, 336 fn. 4.
(f) Failing to furnish the Union with information that is
relevant and necessary to the performance of its duties as
the limited exclusive collective-bargaining representative
of the unit employees.
(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) Within 14 days from the date of this Order, offer
Larry King and Frankie S. DeClue 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 Larry King and Frankie S. DeClue for
any loss of earnings and other benefits suffered as a re-
sult of their 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
Larry King and Frankie S. DeClue, 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) Honor and abide by the terms and conditions of the
September 1, 2004 to August 31, 2005 collective-
bargaining agreement, and any automatic renewal or ex-
tension of it, including by: utilizing the Union as the ex-
clusive source of referrals of employees for employment
on jobsites within the Union’s geographical jurisdiction;
paying the wages and benefits required by the agreement;
making the required payroll deductions, providing pay
stubs, and paying required state and federal taxes and
social security contributions; remitting dues to the Union
that were deducted pursuant to valid checkoff authoriza-
tions prior to the expiration of the agreement or any
automatic renewal or extension of it; and filing required
benefit fund reports with the Union.
(e) Submit all contractually-required benefit fund re-
ports that have not been submitted since about March 1,
2005, and make all contractually-required benefit fund
contributions that have not been made on behalf of unit
employees since about that date, including any additional
amounts due the funds, and reimburse unit employees for
any expenses ensuing from its failure to make the re-
quired payments, with interest, in the manner set forth in
the remedy section of this decision.
(f) Make whole the unit employees for any loss of
earnings and other benefits, including payment of the
Respondent’s portion of state and federal employment
taxes and social security contributions, which they have
ROCK TECHNOLOGIES, INC. 5
suffered as a result of its refusal since about March 1,
2005 to continue in effect all of the terms and conditions
of the September 1, 2004 to August 31, 2005 collective-
bargaining agreement, and any automatic renewal or ex-
tension of it, with interest, in the manner set forth in the
remedy section of this decision.
(g) Remit to the Union dues payments deducted pursu-
ant to valid checkoff authorizations prior to the expira-
tion of the September 1, 2004 to August 31, 2005 collec-
tive-bargaining agreement with the Union, and any
automatic renewal or extension of it, that have not been
remitted since about March 1, 2005, with interest, in the
manner set forth in the remedy section of this decision.
(h) Offer immediate and full employment to those ap-
plicants who would have been referred to the Respondent
for employment by the Union were it not for the Respon-
dent’s unlawful conduct, and make them whole for any
loss of earnings and other benefits suffered as a result of
the Respondent’s failure to hire them, with interest, in
the manner set forth in the remedy section of this deci-
sion.
(i) Furnish the Union with the information it requested
in its letter of June 23, 2005.
(j) 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.
(k) Within 14 days after service by the Region, post at
its facility in Chesterfield, Missouri, copies of the at-
tached notice marked “Appendix.”6 Copies of the notice,
on forms provided by the Regional Director for Region
14, 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 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-

6 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 to all current employees and former employees em-
ployed by the Respondent at any time since March 1,
2005.
(l) 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.
Dated, Washington, D.C. March 31, 2006
Wilma B. Liebman, Member
Peter C. Schaumber, Member
Dennis P. Walsh, 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 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 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 tell employees that we are working the
Ameren UE job nonunion.
WE WILL NOT tell employees that we will discharge
them if they engage in union or other protected concerted
activities.
WE WILL NOT discharge employees because they form,
join, or assist Local 2, International Brotherhood of Elec-
trical Workers, AFL–CIO, or any other labor organiza-
tion, or engage in concerted activities, or to discourage
employees from engaging in these activities.
WE WILL NOT fail and refuse to bargain collectively and
in good faith with Local 2, International Brotherhood of
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD6
Electrical Workers, AFL–CIO, as the limited exclusive
collective-bargaining representative of the employees in
the following unit during the term of the September 1,
2004 to August 31, 2005 collective-bargaining agree-
ment with the Union, and any automatic renewal or ex-
tension of it. The unit is as described in the September 1,
2004 to August 31, 2005 collective-bargaining agree-
ment.
WE WILL NOT fail to continue in effect all of the terms
and conditions of the September 1, 2004 to August 31,
2005 collective-bargaining agreement, and any automatic
renewal or extension of it, including by failing to: utilize
the Union as the exclusive source of referrals of employ-
ees for employment on jobsites within the Union’s geo-
graphical jurisdiction; pay the wages and benefits re-
quired by the agreement; make the required payroll de-
ductions, provide pay stubs, and pay required state and
federal taxes and social security contributions; remit dues
to the Union; and file required benefit fund reports with
the Union.
WE WILL NOT fail to furnish the Union with informa-
tion that is relevant and necessary to the performance of
its duties as the limited exclusive collective-bargaining
representative of the unit employees.
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 Larry King and Frankie S. DeClue full rein-
statement to their former jobs or, if those jobs no longer
exist, to substantially equivalent positions, without preju-
dice to their seniority or any other rights and privileges
previously enjoyed.
WE WILL make whole Larry King and Frankie S. De-
Clue for any loss of earnings and other benefits suffered
as a result of 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 discharges of Larry King and Frankie S. DeClue, 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.
WE WILL honor and abide by the terms and conditions
of the September 1, 2004 to August 31, 2005 collective-
bargaining agreement with the Union, and any automatic
renewal or extension of it, including by: utilizing the
Union as the exclusive source of referrals of employees
for employment on jobsites within the Union’s geo-
graphical jurisdiction; paying the wages and benefits
required by the agreement; making the required payroll
deductions, providing pay stubs, and paying required
state and federal taxes and social security contributions;
remitting dues to the Union that were deducted pursuant
to valid checkoff authorizations prior to the expiration of
the agreement, or any automatic renewal or extension of
it; and filing required benefit fund reports with the Un-
ion.
WE WILL submit all contractually-required benefit fund
reports that have not been submitted since about March
1, 2005, and make all contractually-required benefit fund
contributions that have not been made on behalf of unit
employees since about that date, including any additional
amounts due the funds, and reimburse unit employees for
any expenses ensuing from our failure to make the re-
quired payments, with interest.
WE WILL make whole unit employees for any loss of
earnings and other benefits, including payment of our
portion of state and federal employment taxes and social
security contributions, which they have suffered as a
result of our refusal since about March 1, 2005 to con-
tinue in effect all of the terms and conditions of the Sep-
tember 1, 2004 to August 31, 2005 collective-bargaining
agreement with the Union, and any automatic renewal or
extension of it, with interest.
WE WILL remit to the Union dues payments deducted
pursuant to valid checkoff authorizations prior to the
expiration of the September 1, 2004 to August 31, 2005
collective-bargaining agreement, and any automatic re-
newal or extension of it, that have not been remitted
since about March 1, 2005, with interest.
WE WILL offer immediate and full employment to those
applicants who would have been referred to us for em-
ployment by the Union were it not for our unlawful con-
duct, and make them whole for any loss of earnings and
other benefits suffered as a result of our failure to hire
them, with interest.
WE WILL furnish the Union with the information it re-
quested in its letter of June 23, 2005.
ROCK TECHNOLOGIES, INC.