Brown & Pipkins, LLC d/b/a Acsential

National Labor Relations Board - Board Decisions

Dec 2, 2014

361 NLRB No. 105 (N.L.R.B. 2014)

361 NLRB No. 105
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.
Brown & Pipkins, LLC d/b/a Acsential and Service
Employees International Union, Local 32 BJ.
Case 05–CA–130620
December 2, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS JOHNSON
AND SCHIFFER
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 amended
charge filed by Service Employees International Union,
Local 32 BJ (the Union) on June 10 and 16, 2014, re-
spectively, the General Counsel issued the complaint on
August 6, 2014, against Brown & Pipkins, LLC d/b/a
Acsential, the Respondent, alleging that it has violated
Section 8(a)(5) and (1) of the Act. The Respondent
failed to file an answer.
On September 16, 2014, the General Counsel filed a
Motion for Default Judgment with the Board. Thereaf-
ter, on September 18, 2014, 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 August 20, 2014,
the Board may find, pursuant to a motion for default
judgment, that the allegations in the complaint are true.
Further, the undisputed allegations in the General Coun-
sel’s motion disclose that the Region, by letter dated Au-
gust 28, 2014, notified the Respondent that unless an
answer was received by September 11, 2014, a motion
for default judgment would be filed. Nevertheless, the
Respondent failed to file an answer.
In the absence of good cause being shown for the fail-
ure to file an answer, we deem the allegations in the
complaint to be admitted as true, and we grant the Gen-
eral 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 Georgia lim-
ited liability company with an office and place of busi-
ness in Ft. Belvoir, Virginia (the Respondent’s facility),
has been engaged in providing custodial and cleaning
services to the United States Government. During the 12
months preceding issuance of the complaint, a repre-
sentative period, the Respondent, in conducting its busi-
ness operations described above, has provided services to
the United States Government in excess of $50,000.
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 have
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:
George Brown Project Manager
Courtney Collins Owner
Deidre Brown Collins President and Owner
Annette Pipkins Human Resources
Manager and Owner
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 part-time janitorial employees (in-
cluding lead janitors, if utilized, and probationary em-
ployees) employed by the Respondent at the Ft. Belvoir
location in Virginia.
At all times since September 4, 2012, and at all mate-
rial times, the Respondent has recognized the Union as
the exclusive collective-bargaining representative of the
unit. This recognition has been embodied in a collective-
bargaining agreement, which was effective from Sep-
tember 4, 2012 to August 1, 2014. At all times since
September 4, 2012, based on Section 9(a) of the Act, the
Union has been the exclusive collective-bargaining rep-
resentative of the unit.
Since about April 11, 2014, the Union requested that
the Respondent meet for the purposes of negotiating a
successor collective-bargaining agreement with respect
to wages, hours, and other terms and conditions of em-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
ployment. Since about April 11, 2014, the Respondent
has refused to meet and bargain, including by refusing to
meet on reasonable dates and at reasonable times, and to
meet for in-person negotiations.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been failing and refusing to bargain collectively and in
good faith with the exclusive collective-bargaining repre-
sentative of its employees within the meaning of Section
8(d) of the Act, in violation of Section 8(a)(5) 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
found that the Respondent has violated Section 8(a)(5)
and (1) by, since about April 11, 2014, refusing to meet
and bargain with the Union, including by refusing to
meet on reasonable dates and at reasonable times, and to
meet for in-person negotiations, we shall order the Re-
spondent, on request, to meet and bargain in good faith
with the Union as the exclusive collective-bargaining
representative of the unit and, if an understanding is
reached, to embody the understanding in a signed agree-
ment.1
ORDER
The National Labor Relations Board orders that the
Respondent, Brown & Pipkins, LLC d/b/a Acsential, Fort
Belvoir, Virginia, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Failing and refusing to meet and bargain collec-
tively and in good faith with Service Employees Interna-
tional Union, Local 32 BJ as the exclusive collective-
bargaining representative of the employees in the follow-
ing appropriate unit:

1 Member Schiffer observes that, to remedy the Respondent’s unlaw-
ful failure to meet and bargain with the Union on reasonable dates and
at reasonable times, the complaint sought additional remedies requiring
the Respondent to: (1) bargain on request within 15 days of a Board
Order; (2) bargain on request for a minimum of 15 hours per week until
the parties reached an agreement, impasse, or agreed otherwise; (3)
prepare and submit to the Region and the Union written bargaining
progress reports every 15 days; and (4) make whole employee negotia-
tors for earnings lost while attending bargaining sessions. She would
have granted these additional remedies had they been requested in the
General Counsel’s Motion for Default Judgment.
All full-time and part-time janitorial employees (in-
cluding lead janitors, if utilized, and probationary em-
ployees) employed by the Respondent at the Ft. Belvoir
location in Virginia.
(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) On request, meet and bargain with the Union as
the exclusive collective-bargaining representative of the
unit employees on terms and conditions of employment
and, if an understanding is reached, embody the under-
standing in a signed agreement.
(b) Within 14 days after service by the Region, post at
its facility in Ft. Belvoir, Virginia copies of the attached
notice marked “Appendix.”2 Copies of the notice, on
forms provided by the Regional Director for Region 5,
after being signed by the Respondent's authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily 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 custom-
arily communicates with its employees by such means.
Reasonable steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced, or cov-
ered by any other material. If 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 em-
ployees and former employees employed by the Re-
spondent at any time since April 11, 2014.
(c) Within 21 days after service by the Region, file
with the Regional Director for Region 5 a sworn certifi-
cation 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. December 2, 2014
______________________________________
Mark Gaston Pearce, Chairman

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 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."
ACSENTIAL 3
______________________________________
Harry I. Johnson, III, Member
______________________________________
Nancy Schiffer, 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 fail and refuse to meet and bargain col-
lectively and in good faith with Service Employees In-
ternational Union, Local 32 BJ (the Union) as the exclu-
sive collective-bargaining representative of our employ-
ees in the following appropriate unit:
All full-time and part-time janitorial employees (in-
cluding lead janitors, if utilized, and probationary em-
ployees) employed by us at our Ft. Belvoir location in
Virginia.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL, on request, meet and bargain with the Union
as the exclusive collective-bargaining representative of
the unit employees on terms and conditions of employ-
ment, and put in writing and sign any agreement reached.
BROWN & PIPKINS, LLC D/B/A ACSENTIAL
The Board’s decision can be found at
www.nlrb.gov/case/05-CA-130620 or by using the QR code
below. Alternatively, you can obtain a copy of the decision
from the Executive Secretary, National Labor Relations
Board, 1099 14th Street, N.W., Washington, D.C. 20570, or
by calling (202) 273-1940.