Burrink Commercial Services Inc.

National Labor Relations Board - Board Decisions

Feb 6, 2020

369 N.L.R.B. 21 (N.L.R.B. 2020)

369 NLRB No. 21
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.
Burrink Commercial Services Inc. and Cement Ma-
sons Local 502, AFL–CIO. Case 13–CA–246967
February 6, 2020
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS KAPLAN AND
EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that Burrink Commercial Services
Inc. (the Respondent) has failed to file an answer to the
complaint. Upon a charge filed by Cement Masons Lo-
cal 502, AFL–CIO (the Union), on August 21, 2019, the
General Counsel issued a complaint and notice of hear-
ing on October 25, 2019,1 against the Respondent, alleg-
ing that it has violated Section 8(a)(1) of the Act. The
Respondent failed to file an answer.
On December 9, 2019, the General Counsel filed with
the National Labor Relations Board a Motion for Default
Judgment. Thereafter, on December 11, 2019, 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 alle-
gations in the motion are therefore undisputed.
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 November 8,
2019,2 the Board may find, pursuant to a motion for de-
fault judgment, that the allegations in the complaint are
true. Further, the undisputed allegations in the General
Counsel’s motion disclose that the Region, by letter dat-
ed November 13, 2019,3 advised the Respondent that
unless an answer was received by November 25, 2019, a
motion for default judgment would be filed. Neverthe-
less, 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

1 The General Counsel’s Motion for Default Judgment inadvertently
stated that the charge was filed on August 22, 2019, and that the com-
plaint was issued on October 24, 2019.
2 The General Counsel’s motion inadvertently listed this date as
November 7, 2019.
3 The General Counsel’s motion inadvertently stated that this letter
was dated November 18, 2019.
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, an Indiana cor-
poration, with an office and place of business in Cedar
Lake, Indiana, has been engaged in the business of con-
struction, underground utilities, concrete, excavation, and
snow removal services in the commercial and residential
construction industry.
During the 2018 calendar year, a representative period,
the Respondent, in conducting its business operations
described above, performed services valued in excess of
$50,000 in States other than 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 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, Brennden Burrink held the posi-
tion of the Respondent’s owner and has been a supervi-
sor of the Respondent within the meaning of Section
2(11) of the Act and an agent of the Respondent within
the meaning of Section 2(13) of the Act.
On August 8, 2019, the Respondent, by Brennden Bur-
rink, at the Respondent’s job site, physically assaulted
picketers lawfully engaged in area standards picketing
because employees supported the Union and/or to dis-
courage employees from supporting the Union.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been interfering with, restraining, and coercing employ-
ees in the exercise of the rights guaranteed in Section 7
of the Act in violation of Section 8(a)(1) of the Act. The
Respondent’s unfair labor practices described above af-
fect 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, we shall
order the Respondent to post the attached notice at its
facility in Cedar Lake, Indiana, and at the jobsite where
the assault took place, if the Respondent still maintains a
presence there. If the construction project at the jobsite
where the assault took place is complete, or if the Re-
spondent has ceased operations at that location, we shall
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
order the Respondent to duplicate and mail notices to all
current and former employees employed by the Re-
spondent since the date of the unfair labor practice found
herein. See Zurn/N.E.P.C.O., 345 NLRB 12, 20 (2005),
rev. denied 243 F. App’x 898 (6th Cir 2007); Pan Ameri-
can Electric, Inc., 328 NLRB 54, 60 (1999).
ORDER
The National Labor Relations Board orders that the
Respondent, Burrink Commercial Services Inc., Cedar
Lake, Indiana, its officers, agents, successors, and as-
signs shall
1. Cease and desist from
(a) Physically assaulting picketers lawfully engaged in
area standards picketing at the Respondent’s jobsite be-
cause employees supported the Union and/or to discour-
age them from supporting the Union.
(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 after service by the Region, post
copies of the attached notice marked “Appendix" at the
Respondent's facility in Cedar Lake, Indiana, as well as
at the job site where the assault took place, if the Re-
spondent still maintains a presence there.4 Copies of the
notice, on forms provided by the Regional Director for
Region 13, after being signed by the Respondent's au-
thorized representative, shall be posted by the Respond-
ent and maintained for 60 consecutive days in conspicu-
ous places, including all places where notices to employ-
ees are customarily posted. In addition to physical post-
ing of paper notices, notices shall be distributed electron-
ically, such as by email, posting on an intranet or an in-
ternet site, and/or other electronic means, if the Respond-
ent customarily communicates with its employees by
such means. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material. If the Respond-
ent has gone out of business or closed the facility in-
volved in these proceedings, if the construction project at
the jobsite where the assault took place is complete, or if
the Respondent has ceased operations at that location, 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 August 8, 2019.

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.”
(b) Within 21 days after service by the Region, file
with the Regional Director for Region 13 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. February 6, 2020
______________________________________
John F. Ring, Chairman
______________________________________
Marvin E. Kaplan, Member
________________________________________
William J. Emanuel 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
violated 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 physically assault picketers lawfully en-
gaged in area standards picketing at our job site because
our employees supported the Union and/or to discourage
our employees from supporting the Union.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
BURRINK COMMERCIAL SERVICES INC.
The Board’s decision can be found at
www.nlrb.gov/case/13-CA-246967 or by using the QR
code below. Alternatively, you can obtain a copy of the
BURRINK COMMERCIAL SERVICES INC. 3
decision from the Executive Secretary, National Labor
Relations Board, 1015 Half Street, S.E., Washington,
D.C. 20570, or by calling (202) 273-1940.