United Plasterers, LLC

National Labor Relations Board - Board Decisions

Oct 31, 2008

353 N.L.R.B. 44 (N.L.R.B. 2008)

353 NLRB No. 44
United Plasterers, LLC and Laurie Skinner.

Dun-Rite Drywall and Finish Systems, Inc. and Susan
Grievo. Cases 7–CA–50844 and 7–CA–50845
October 31, 2008
DECISION AND ORDER
BY CHAIRMAN SCHAUMBER AND MEMBER LIEBMAN
The General Counsel seeks a default judgment in this
case on the ground that the Respondents have withdrawn
their answers to the reissued consolidated complaint.
Upon a charge and an amended charge filed by Laurie
Skinner (Skinner) in Case 7–CA–50844 against United
Plasterers, LLC (Respondent United) on November 9 and
December 28, 2007, respectively, and a charge and an
amended charge filed by Susan Grievo (Grievo) in Case
7–CA–50845 against Dun-Rite Drywall and Finish Sys-
tems, Inc. (Respondent Dun-Rite) on November 9 and
December 28, 2007, respectively, the General Counsel
issued the original Order consolidating cases, consolidat-
ed complaint and notice of hearing on January 30, 2008,
alleging that the Respondents have violated Section
8(a)(3) and (1) of the Act. The Respondents jointly filed
their original answer to the complaint on February 12,
2008.
Subsequently, the parties entered a private settlement
agreement, and on April 7, 2008, the Regional Director
for Region 7 issued an Order conditionally approving
withdrawal requests, dismissing consolidated complaint
and withdrawal of notice of hearing, conditioned upon
the performance of the conditions in the settlement
agreements. By letter dated May 29, 2008, the Charging
Parties advised the Region that the Respondents had
failed to comply with the agreements. On June 13, 2008,
the Regional Director issued an Order to Show Cause
why processing of these matters should not be resumed.
On June 19, 2008, the Respondents jointly filed a re-
sponse, acknowledging that they had not yet fully com-
plied with the settlement agreement.
On July 24, 2008, the Regional Director issued an Or-
der setting aside the Order conditionally approving with-
drawal requests, reinstating unfair labor practice charges,
consolidating cases, and reissuing the consolidated com-
plaint and notice of hearing. On August 6, 2008, the
Respondents jointly filed an answer to the reissued con-
solidated complaint. However, on September 12, 2008,
the Respondents jointly withdrew their answer to the
reissued consolidated complaint, and on September 24,
2008, they jointly withdrew their answer to the original
complaint.
On September 29, 2008, the General Counsel filed a
Motion for Default Judgment with the Board. On Octo-
ber 2, 2008, 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 motion are
therefore undisputed.
Ruling on Motion for Default Judgment1
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 reissued consolidated complaint
affirmatively stated that unless an answer was filed by
August 7, 2008, all the allegations in the reissued consol-
idated complaint could be found to be true. As noted
above, on August 6, 2008, the Respondents filed an an-
swer to the reissued consolidated complaint. Thereafter,
by letters dated September 12 and 24, 2008, the Respon-
dents withdrew their answer to the reissued consolidated
complaint and their answer to the original complaint,
respectively. The withdrawal of an answer has the same
effect as a failure to file an answer, i.e., the allegations in
the reissued consolidated complaint must be considered
to be true.

2

1 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the Board’s
powers in anticipation of the expiration of the terms of Members Kirsa-
now and Walsh on December 31, 2007. Pursuant to this delegation,
Chairman Schaumber and Member Liebman constitute a quorum of the
three-member group. As a quorum, they have the authority to issue
decisions and orders in unfair labor practice and representation cases.
See Sec. 3(b) of the Act.
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, Respondent United, a limited
liability corporation, with an office and place of business
in Shelby Township, Michigan, has been engaged in the
manufacture, installation, and nonretail sale of residential
and commercial interior and exterior stone and plaster
finishes.
During the calendar year ending December 31, 2007, a
representative period, Respondent United, in conducting
its business operations described above, provided servic-
es valued in excess of $50,000 for the city of Detroit, an
enterprise within the State of Michigan, which enterprise
during the same period of time was directly engaged in
interstate commerce.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
At all material times, Respondent Dun-Rite, a corpora-
tion with an office and place of business in Shelby
Township, Michigan, has been engaged as a drywall and
plasterer contractor in the construction industry perform-
ing residential and commercial construction.
During the calendar year ending December 31, 2007, a
representative period, Respondent Dun-Rite, in conduct-
ing its business operations described above, provided
services valued in excess of $50,000 for the city of Ster-
ling Heights, an enterprise within the State of Michigan,
which enterprise during the same period of time was di-
rectly engaged in interstate commerce.
We find that the Respondents are employers engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individuals held
the positions set forth opposite their names and have
been supervisors of Respondent United within the mean-
ing of Section 2(11) of the Act and agents of Respondent
United within the meaning of Section 2(13) of the Act:

Bruce Schilhl President
Mike Fedele Engineering Manager
Danielle Sluiter Plant Manager

At all material times, the following individuals held
the positions set forth opposite their names and have
been supervisors of Respondent Dun-Rite within the
meaning of Section 2(11) of the Act and agents of Res-
pondent Dun-Rite within the meaning of Section 2(13) of
the Act:

Bruce Schilhl President
Michael Schilhl Vice President

About November 9, 2007, Respondent United, by its
agent Bruce Schilhl, at Respondent Dun-Rite’s facility,
discharged its employee, Laurie Skinner.
Respondent United engaged in the conduct described
above based on its belief that Skinner had engaged in
protected concerted activities and union activities and to
discourage employees from engaging in such activities.
About November 9, 2007, Respondent Dun-Rite, by its
agents Bruce Schilhl and Mike Schilhl, at its Shelby
Township facility, discharged its employee, Susan Grie-
vo.
Respondent Dun-Rite engaged in the conduct de-
scribed above based on Grievo’s association with Skin-
ner, whom Respondent Dun-Rite believed had engaged
in the activities described above.
CONCLUSIONS F LAW
1. By the conduct described above, the Respondents
have interfered with, restrained, and coerced employees
in the exercise of their rights guaranteed in Section 7 of
the Act, in violation of Section 8(a)(1) of the Act.
2. By the conduct described above, the Respondents
have discriminated in regard to the hire or tenure or
terms or conditions of employment of their employees,
thereby discouraging membership in a labor organiza-
tion, in violation of Section 8(a)(3) and (1) of the Act.
3. The Respondents’ 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. Specifical-
ly, having found that Respondent United and Respondent
Dun-Rite have violated Section 8(a)(3) and (1) by dis-
charging, respectively, employees Laurie Skinner and
Susan Grievo, we shall order Respondent United and
Respondent Dun-Rite, respectively, to offer Skinner and
Grievo 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, 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).
Respondent United and Respondent Dun-Rite shall also
be required to remove from their files all references to
the unlawful discharges, and to notify, respectively,
Skinner and Grievo in writing that this has been done and
that the discharges will not be used against them in any
way.
ORDER
The National Labor Relations Board orders that
A. Respondent United Plasterers, LLC, Shelby Town-
ship, Michigan, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Discharging employees because of its belief that
they formed, joined, or assisted a labor organization, or
engaged in concerted activities, or to discourage em-
ployees from engaging in these activities.
(b) 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.
UNITED PLASTERERS, LLC 3
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
Laurie Skinner full reinstatement to her former job or, if
that job no longer exists, to a substantially equivalent
position, without prejudice to her seniority or any other
rights and privileges previously enjoyed.
(b) Make Laurie Skinner whole for any loss of earn-
ings and other benefits suffered as a result of the discrim-
ination against her, 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 any reference to the unlawful discharge,
and within 3 days thereafter, notify her in writing that
this has been done and that the discharge will not be used
against her 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
records 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.
(e) Within 14 days after service by the Region, post at
its facility in Shelby Township, Michigan, copies of the
attached notice marked “Appendix A.”3
(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-
Copies of the
notice, on forms provided by the Regional Director for
Region 7, after being signed by the Respondent’s autho-
rized 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 facili-
ty involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no-
tice to all current employees and former employees em-
ployed by the Respondent at any time since November 9,
2007.

3 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.”
testing to the steps that the Respondent has taken to
comply.
B. Respondent Dun-Rite Drywall and Finish Systems,
Inc., Shelby Township, Michigan, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Discharging employees because they associate with
individuals whom the Respondent believes formed,
joined, or assisted any labor organization, or engaged in
concerted activities, or to discourage employees from
engaging in these activities.
(b) 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
Susan Grievo full reinstatement to her former job or, if
that job no longer exists, to a substantially equivalent
position, without prejudice to her seniority or any other
rights and privileges previously enjoyed.
(b) Make Susan Grievo whole for any loss of earnings
and other benefits suffered as a result of the discrimina-
tion against her, 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 any reference to the unlawful discharge,
and within 3 days thereafter, notify the employee in writ-
ing that this has been done and that the discharge will not
be used against her 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
records 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.
(e) Within 14 days after service by the Region, post at
its facility in Shelby Township, Michigan, copies of the
attached notice marked “Appendix B.”4

4 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.”
Copies of the
notice, on forms provided by the Regional Director for
Region 7, after being signed by the Respondent’s autho-
rized representative, shall be posted by the Respondent
and maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 4
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 facili-
ty involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no-
tice to all current employees and former employees em-
ployed by the Respondent at any time since November 9,
2007.
(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.

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 vi-
olated 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 discharge employees because we believe
they formed, joined, or assisted a labor organization, or
engaged in concerted activities, or to discourage em-
ployees 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 Laurie Skinner full reinstatement to her for-
mer job or, if that job no longer exists, to a substantially
equivalent position, without prejudice to her seniority or
any other rights and privileges previously enjoyed.
WE WILL make whole Laurie Skinner for any loss of
earnings and other benefits suffered as a result of her
unlawful discharge, 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 discharge of Laurie Skinner, and within 3 days the-
reafter, notify her in writing that this has been done and
that the unlawful discharge will not be used against her
in any way.

UNITED PLASTERERS, LLC

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 vi-
olated 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 discharge employees because they asso-
ciate with individuals whom we believe formed, joined,
or assisted any labor organization, or engaged in con-
certed activities, or to discourage employees from engag-
ing 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 Susan Grievo full reinstatement to her for-
mer job or, if that job no longer exists, to a substantially
equivalent position, without prejudice to her seniority or
any other rights and privileges previously enjoyed.
WE WILL make whole Susan Grievo for any loss of
earnings and other benefits suffered as a result of her
unlawful discharge, 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 discharge of Susan Grievo, and within 3 days thereaf-
ter, notify her in writing that this has been done and that
the unlawful discharges will not be used against her in
any way.

DUN-RITE DRYWALL AND FINISH SYSTEMS, INC.