Bobbitt Electrical Service

National Labor Relations Board - Board Decisions

May 28, 2010

355 NLRB No. 37 (N.L.R.B. 2010)

355 NLRB No. 37
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.
Bobbitt Electrical Service, Inc. and International
Brotherhood of Electrical Workers, Local Union
No. 481, a/w International Brotherhood of Elec-
trical Workers. Case 25–CA–31185
May 28, 2010
DECISION AND ORDER
BY MEMBERS SCHAUMBER, BECKER, AND PEARCE
DECISION AND ORDER
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the complaint. Upon a charge and an
amended charge filed by the Union on October 29 and
December 29, 2009, respectively, the General Counsel
issued the complaint on January 28, 2010, against Bob-
bitt Electrical Service, Inc., the Respondent, alleging that
it has violated Section 8(a)(3) and (1) of the Act. The
Respondent failed to file an answer.
On April 5, 2010, the General Counsel filed a Motion
for Default Judgment with the Board. Thereafter, on
April 6, 2010, 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 complaint affirmatively stated
that unless an answer was received by February 11,
2010, the Board may find, pursuant to a motion for de-
fault judgment, that the allegations in the complaint are
true.1 Further, the undisputed allegations in the General
Counsel’s motion disclose that the Region, by letter
dated March 12, 2010, notified the Respondent that
unless an answer was received by March 26, 2010, a mo-
tion for default judgment would be filed.

1 The General Counsel’s motion indicates that the copy of the com-
plaint sent by mail on January 26, 2010, was sent to an incorrect ad-
dress. However, the General Counsel’s motion indicates that another
copy of the complaint, extending the date for receipt of the answer to
the complaint until March 25, 2010, was hand-delivered to Respon-
dent’s business address.
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.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times the Respondent, a corporation
with an office and place of business in Indianapolis,
Indiana (the Respondent’s facility), has been engaged as
an electrical contractor in the construction industry.
During the 12-month period preceding issuance of the
complaint, the Respondent, in conducting its business
operations described above, purchased and received at its
Indianapolis, Indiana facility goods valued in excess of
$50,000 directly from points outside the State of Indiana.
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 International Brotherhood of Elec-
trical Workers, Local Union No. 481, a/w International
Brotherhood of Electrical Workers (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, Bernard Bobbitt held the position
of the Respondent’s owner/president and has been a su-
pervisor of the Respondent within the meaning of Sec-
tion 2(11) of the Act and an agent of the Respondent
within the meaning of Section 2(13) of the Act.
About October 16, 2009, the Respondent discharged
its employee Robert Scott.
The Respondent engaged in the conduct described
above because the named employee of the Respondent
formed, joined, and assisted the Union and engaged in
concerted activities, and to discourage employees from
engaging in these activities.
CONCLUSION OF LAW
By discharging Robert Scott because he assisted the
Union and engaged in concerted activities, the Respon-
dent has discriminated in regard to the hire or tenure or
terms and conditions of employment of its employees,
thereby discouraging membership in a labor organiza-
tion, in violation of Section 8(a) (3) and(1) of the Act.
The Respondent’s unfair labor practices 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
effectuate the policies of the Act. Specifically, having
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
found that the Respondent violated Section 8(a)(3) and (1)
of the Act by discharging Robert Scott, we shall order the
Respondent to offer Scott full reinstatement to his former
job or, if that job no longer exists, to a substantially
equivalent position, without prejudice to his seniority or
any other rights and privileges previously enjoyed. We
also shall order the Respondent to make Scott whole for
any loss of earnings and other benefits suffered as a result
of the Respondent’s discrimination 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).2
The Respondent shall be required to remove from its
files any references to the unlawful discharge of Scott, and
to notify him in writing that this has been done and that the
discharge will not be used against him in any way.
Finally, in view of the fact that the Respondent has
completed work at its VA Hospital jobsite in Indianapolis,
Indiana, we shall order the Respondent to mail a copy of
the notice to the Union and to the last known addresses of
its unit employees employed by the Respondent on or after
October 16, 2009, at its VA Hospital jobsite in Indianapo-
lis, Indiana, in order to inform them of the outcome of this
proceeding.
ORDER
The National Labor Relations Board orders that the Re-
spondent, Bobbitt Electrical Service, Inc., Indianapolis,
Indiana, its officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Discharging employees because they join, support,
or assist International Brotherhood of Electrical Workers,
Local Union No. 481, a/w International Brotherhood of
Electrical Workers, or any other labor organization, or
engage in concerted 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 ef-
fectuate the policies of the Act.
(a) Within 14 days from the date of this Order, offer
Robert Scott full reinstatement to his former job or, if that
job no longer exists, to a substantially equivalent position,
without prejudice to his seniority or any other rights or
privileges previously enjoyed.
(b) Make Robert Scott whole for any loss of earnings
and other benefits suffered as a result of the unlawful dis-

2 In the complaint, the General Counsel seeks compound interest
computed on a quarterly basis for any backpay or other monetary
awards. Having duly considered the matter, we are not prepared at this
time to deviate from our current practice of assessing simple interest.
See, e.g., Glen Rock Ham, 352 NLRB 516, fn. 1 (2008), citing Rogers
Corp., 344 NLRB 504 (2005).
charge, 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 references to the unlawful discharge of
Robert Scott and, within 3 days thereafter, notify him in
writing that this has been done and that the unlawful dis-
charge 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, social
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, duplicate
and mail, at its own expense and after being signed by the
Respondent’s authorized representative, copies of the at-
tached notice marked “Appendix”3 to the Union and to all
unit employees who were employed by the Respondent at
its VA Hospital jobsite in Indianapolis, Indiana since Oc-
tober 16, 2009.
(f) Within 21 days after service by the Region, file with
the Regional Director a sworn certification of a responsi-
ble official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.
Dated, Washington, D.C. May 28, 2010
Peter C. Schaumber, Member
Craig Becker, Member
Mark Gaston Pearce Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
MAILED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

3 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Mailed By Order of the Na-
tional Labor Relations Board” shall read “Mailed Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
BOBBITT ELECTRICAL SERVICE 3
The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to mail 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 discharge employees because they join,
support, or assist International Brotherhood of Electrical
Workers, Local Union No. 481, a/w International Broth-
erhood of Electrical Workers, or any other labor organi-
zation, or engage in concerted 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 Robert Scott full reinstatement to his former
job or, if that job no longer exists, to a substantially
equivalent position, without prejudice to his seniority or
any other rights or privileges previously enjoyed.
WE WILL make Robert Scott whole for any loss of
earnings and other benefits resulting from his unlawful
discharge, with interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any references to the
unlawful discharge of Robert Scott, and WE WILL, within
3 days thereafter, notify him in writing that this has been
done and that the unlawful discharge will not be used
against him in any way.
BOBBITT ELECTRICAL SERVICE, INC.