Seven One Seven Parking Services of Michigan, Inc. d/b/a Hospital Parking Management

National Labor Relations Board - Board Decisions

Jan 21, 2016

363 NLRB No. 101 (N.L.R.B. 2016)

363 NLRB No. 101
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.
Seven One Seven Parking Services of Michigan, Inc.
d/b/a Hospital Parking Management and Local
283, International Brotherhood of Teamsters
(IBT). Case 07–CA–133170
January 21, 2016
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA
AND HIROZAWA
The General Counsel seeks a default judgment in this
case pursuant to the terms of a bilateral informal settle-
ment agreement. Upon a charge and an amended charge
filed by Local 283, International Brotherhood of Team-
sters (IBT) (the Union) on July 21 and September 30,
2014, respectively, alleging that the Respondent violated
Section 8(a)(5) and (1) of the Act, the Respondent and
the Union entered into an informal settlement agreement
which was approved by the Regional Director for Region
7 on November 18, 2014. The settlement agreement
required the Respondent to: (1) on request, bargain with
the Union as the exclusive collective-bargaining repre-
sentative of the unit employees; (2) meet and bargain
with the Union on specified scheduled dates as agreed on
by the parties, at least twice a week, for at least 4 hours
per meeting, until a complete collective-bargaining
agreement or a good-faith impasse is reached; (2) pro-
vide a representative to meet face-to-face with the Union
who has the authority to make adjustments and bind the
Respondent during negotiations until a complete agree-
ment or a good-faith impasse is reached; (3) provide the
Union with the information it requested on June 17, July
18 and 22, and October 16, 2014; and (4) post appropri-
ate notices.
The settlement agreement also contained the following
provision:
The Charged Party agrees that in case of non-
compliance with any of the terms of this Settlement
Agreement by the Charged Party, and after 14 days no-
tice from the Regional Director of the National Labor
Relations Board of such non-compliance without rem-
edy by the Charged Party, the Regional Director will
issue a Complaint that includes the allegations covered
by the Notice to Employees, as identified above in the
Scope of Agreement section, as well as filing and ser-
vice of the charge(s), commerce facts necessary to es-
tablish Board jurisdiction, labor organization status,
appropriate bargaining unit (if applicable), and any oth-
er allegations the General Counsel would ordinarily
plead to establish the unfair labor practices. Thereafter,
the General Counsel may file a Motion for Default
Judgment with the Board on the allegations of the
Complaint. The Charged Party understands and agrees
that all of the allegations of the Complaint will be
deemed admitted and that it will have waived its right
to file an Answer to such Complaint. The only issue
that the Charged Party may raise before the Board will
be whether it defaulted on the terms of this Settlement
Agreement. The General Counsel may seek, and the
Board may impose, a full remedy for each unfair labor
practice identified in the Notice to Employees. The
Board may then, without necessity of trial or any other
proceeding, find all allegations of the Complaint to be
true and make findings of fact and conclusions of law
consistent with those allegations adverse to the
Charged Party on all issues raised by the pleadings.
The Board may then issue an Order providing a full
remedy for the violations found as is appropriate to
remedy such violations. The parties further agree that a
U.S. Court of Appeals Judgment may be entered en-
forcing the Board Order ex parte, after service or at-
tempted service upon Charged Party at the last address
provided to the General Counsel.
By letter dated January 27, 2015, the Region’s compli-
ance officer informed the Respondent that the Union had
asserted that the Respondent had not complied with the
settlement agreement. The letter advised the Respondent
that it was obligated to respond to this allegation and that
failure to do so could lead to the issuance of a complaint
and the filing of a motion for default judgment.
By email dated February 4, 2015, the Respondent re-
plied that it had provided the Union with documents re-
quested on June 17, 2014, “as they exist;” that it had des-
ignated a representative with full authority to bargain on
its behalf; that its representative had proposed several
bargaining dates; and that the Union had rejected those
and subsequent dates proposed for bargaining. The
email concluded by stating that the parties were at im-
passe and that the Respondent was unable to bargain
with the Union.
By letter dated February 13, 2015, the Regional Direc-
tor informed the Respondent that it was in non-
compliance with the settlement agreement and that if it
failed to comply within 14 days, the Region could issue a
complaint and seek default judgment. Specifically, the
Regional Director advised the Respondent that it had
failed to (1) provide the Union with the information it
requested on June 17, July 18 and 22, and October 16,
2014; (2) on request, bargain in good faith with the Un-
ion as the exclusive collective-bargaining representative
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
of the unit employees; (3) meet and bargain collectively
with the Union on specified scheduled dates as agreed on
by the parties, at least twice a week, for at least 4 hours
per meeting, until a complete collective-bargaining
agreement or a good-faith impasse is reached; (4) pro-
vide a representative with the authority to bind the Re-
spondent to meet face-to-face with the Union during ne-
gotiations for a collective-bargaining agreement. The
Respondent failed to respond or to comply.
Accordingly, pursuant to the terms of the noncompli-
ance provisions of the settlement agreement, on March
31, 2015, the Regional Director issued a Complaint
Based on Breach of Affirmative Provisions of Settlement
Agreement (the complaint). On April 8, 2015, the Gen-
eral Counsel filed a Motion for Default Judgment with
the Board. On April 10, 2015, 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
According to the uncontroverted allegations in the mo-
tion for default judgment, the Respondent has failed to
comply with the terms of the settlement agreement by
failing to (1) provide the Union with the information it
requested on June 17, July 18 and 22, and October 16,
2014; (2) on request, bargain in good faith with the Un-
ion as the exclusive collective-bargaining representative
of the unit employees; (3) meet and bargain collectively
with the Union on specified scheduled dates as agreed on
by the parties, at least twice a week, for at least 4 hours
per meeting, until a complete collective-bargaining
agreement or a good-faith impasse is reached; (4) pro-
vide a representative with the authority to bind the Re-
spondent to meet face-to-face with the Union during ne-
gotiations for a collective-bargaining agreement.
Consequently, pursuant to the noncompliance provi-
sions of the settlement agreement set forth above, we
find that all of the allegations in the complaint are true.1
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 has been a cor-
poration with an office and place of business in Tampa,
Florida, and has been engaged in providing parking man-

1 See U-Bee, Ltd., 315 NLRB 667 (1994).
agement services and valet parking services for various
parking facilities, including a facility located at 4100
John R Street, Detroit, Michigan (John R facility).
In conducting its operations during the calendar year
ending December 31, 2014, the Respondent provided
services valued in excess of $50,000 for the Karmanos
Cancer Center at the Detroit Medical Center (Karmanos),
an enterprise within the State of Michigan that is directly
engaged in interstate commerce.
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 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, 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:
Jason Accardi - President
John Accardi - Vice President
John Accardi, Sr. - Senior Vice President
Jeff Kilcoyne - Senior Vice President of Opera-
tions until late January or early
February 2014
William “Bill” - Site Manager
Jackson
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:
All full-time and regular part-time valet employees, lot
attendants, traffic and safety employees, cashiers,
greeters, and uniform attendants employed by Re-
spondent working out of the Karmanos Cancer Center
at the Detroit Medical Center located at 4100 John R
Street, Detroit, Michigan, but excluding all guards and
supervisors as defined in the Act.
Since at least 2007, and at all material times, the Re-
spondent has recognized the Union as the exclusive col-
lective-bargaining representative of the unit. This recog-
nition has been embodied in successive collective-
bargaining agreements, the most recent of which was
effective from January 1, 2010, through December 31,
2013.
SEVEN ONE SEVEN PARKING SERVICES OF MICHIGAN, INC. 3
At all times since at least 2007, based on Section 9(a)
of the Act, the Union has been the exclusive collective-
bargaining representative of the unit.
At various times from about March 18, 2014, through
about February 27, 2015, the Respondent and the Union
met for purposes of negotiating a successor collective-
bargaining agreement to the agreement described above.
During that time period, the Respondent failed and re-
fused to negotiate with the Union in face-to-face collec-
tive-bargaining sessions; failed and refused to cloak its
representatives with the authority to enter into binding
agreements; failed and refused to timely schedule collec-
tive-bargaining sessions; and canceled and shortened
scheduled collective-bargaining sessions.
About June 172 and October 16, 2014, the Union orally
requested that it be allowed to examine the Respondent's
financial records, after the Respondent asserted an inabil-
ity to grant wage increases in response to the Union’s
contract proposal asking for wage increases.
About July 18 and 22, 2014, the Union, by email, re-
quested that it be allowed to examine the Respondent's
financial records, after the Respondent asserted an inabil-
ity to grant wage increases in response to the Union’s
contract proposal asking for wage increases.
The information requested by the Union, as described
above, is necessary to verify assertions made by the Re-
spondent during collective bargaining, and is necessary
for, and relevant to, the Union’s performance of its duties
as the exclusive collective-bargaining representative of
the unit.
Since about June 17, 2014, the Respondent has failed
and refused to furnish the Union with the requested in-
formation described above.
CONCLUSION OF LAW
By the conduct described above, Respondent has been
failing and refusing to bargain collectively and in good
faith with the exclusive collective-bargaining representa-
tive of its unit employees in violation of Section 8(a)(5)
and (1) of the Act. The Respondent’s 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
desist and to take certain affirmative action designed to

2 Although the complaint alleges July 17, 2014, as the date of this
request, we note that the General Counsel’s motion, the settlement
agreement signed by the parties, the Respondent’s February 4 email in
response to the Region’s inquiry regarding its compliance, as well as
the Regional Director’s February 13, 2015 letter to the Respondent all
refer to June 17, 2014, as the date of the Union’s request.
effectuate the policies of the Act, as requested by the
General Counsel. Specifically, the Respondent shall
comply with the unmet terms of the settlement agreement
approved by the Regional Director for Region 7 on No-
vember 18, 2014.
Accordingly, we shall order the Respondent to, on re-
quest, bargain in good faith with the Union as the exclu-
sive collective-bargaining representative of the unit em-
ployees concerning terms and conditions of employment.
The Respondent shall meet and bargain collectively with
the Union on specified scheduled dates as agreed on by
the parties, at least twice a week, for at least 4 hours per
meeting, until a complete collective-bargaining agree-
ment or a good-faith impasse is reached. The Respond-
ent shall provide a bargaining representative to meet
face-to-face with the Union who possesses the authority
to make adjustments and bind the Respondent during
negotiations for a collective-bargaining agreement, until
a complete collective-bargaining agreement or a good-
faith impasse is reached.
We shall further order the Respondent to furnish the
Union with information the Union requested on June 17,
July 18 and 22, and October 16, 2014 that is necessary
and relevant to the Union's performance of its duties as
the exclusive collective-bargaining representative of the
unit employees.
ORDER
The National Labor Relations Board orders that the
Respondent, Seven One Seven Parking Services of Mich-
igan, Inc. d/b/a Hospital Parking Management, Tampa
Florida and Detroit Michigan, its officers, agents, succes-
sors, and assigns, shall take the following affirmative
action necessary to effectuate the policies of the Act.
1. Cease and desist from
(a) Failing and refusing to bargain collectively and in
good faith with Local 283, International Brotherhood of
Teamsters (IBT) as the exclusive collective-bargaining
representative of employees in the following unit:
All full-time and regular part-time valet employees, lot
attendants, traffic and safety employees, cashiers,
greeters, and uniform attendants employed by Re-
spondent working out of the Karmanos Cancer Center
at the Detroit Medical Center located at 4100 John R
Street, Detroit, Michigan, but excluding all guards and
supervisors as defined in the Act.
(b) Failing and refusing to furnish the Union with re-
quested information that is relevant and necessary to the
Union’s performance of its functions as the collective-
bargaining representative of the Respondent’s unit em-
ployees.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
(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) On request, bargain in good faith with the Union
as the exclusive collective-bargaining representative of
its unit employees.
(b) Meet and bargain collectively with the Union on
specified scheduled dates as agreed on by the parties, at
least twice a week, and for at least 4 hours per meeting,
until a complete collective-bargaining agreement or a
good-faith impasse is reached.
(c) Provide a representative to meet face-to-face with
the Union, who has the authority to make adjustments
and bind the Respondent during negotiations for a collec-
tive-bargaining agreement until a complete collective-
bargaining agreement or a good-faith impasse is reached.
(d) Furnish to the Union in a timely manner the in-
formation requested by the Union on June 17, July 18
and 22, and October 16, 2014.
(e) Within 14 days after service by the Region, post at
the Karmanos Cancer Center facility located at 4100
John R, Detroit, Michigan, copies of the attached notice
marked “Appendix.”3 Copies of the notice, on forms
provided by the Regional Director for Region 7, after
being signed by the Respondent’s authorized representa-
tive, 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. Rea-
sonable steps shall be taken by the Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material. If the Respondent has gone out of
business or closed the facility involved in these proceed-
ings, 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 March 18, 2014.
(f) Within 21 days after service by the Region, file
with the Regional Director for Region 7 a sworn certifi-
cation of a responsible official on a form provided by the

3 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted and Mailed by Order
of the National Labor Relations Board” shall read “Posted and Mailed
Pursuant to a Judgment of the United States Court of Appeals Enforc-
ing an Order of the National Labor Relations Board.”
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. January 21, 2016
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Philip A. Miscimarra, Member
______________________________________
Kent Y. Hirozawa, 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 do anything to prevent you from exercis-
ing the above rights.
WE WILL NOT refuse to bargain collectively in good
faith with Local 283, International Brotherhood of Team-
sters (IBT) (the Union) as the exclusive collective-
bargaining representative of our employees in the follow-
ing unit:
All full-time and regular part-time valet employees, lot
attendants, traffic and safety employees, cashiers,
greeters, and uniform attendants employed by us at the
Karmanos Cancer Center facility located at 4100 John
R, Detroit, Michigan.
WE WILL NOT refuse to provide the Union with infor-
mation that is relevant and necessary to its role as your
bargaining representative.
SEVEN ONE SEVEN PARKING SERVICES OF MICHIGAN, INC. 5
WE WILL NOT in any like or related manner interfere
with the rights listed above.
WE WILL NOT in any like or related manner fail and re-
fuse to bargain collectively and in good faith with the
Union as the exclusive collective-bargaining representa-
tive of our unit employees.
WE WILL provide the Union with the information it re-
quested on June 17, July 18 and 22, and October 16,
2014.
WE WILL, on request, bargain in good faith with the
Union as the exclusive collective-bargaining representa-
tive of our unit employees.
WE WILL meet and bargain collectively with the Union
on specified scheduled dates as agreed on by the parties,
at least twice a week, and for at least 4 hours per meet-
ing, until a complete collective-bargaining agreement or
a good-faith impasse is reached,
WE WILL provide a representative to meet face-to-face
with the Union, who has the authority to make adjust-
ments and bind us during negotiations for a collective
bargaining agreement during the entire period of time
noted in the prior provision.
SEVEN ONE SEVEN PARKING SERVICES OF
MICHIGAN, INC. D/B/A HOSPITAL PARKING
MANAGEMENT
The Board’s decision can be found at
www.nlrb.gov/case/07-CA-133170, or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Re-
lations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.