CC Traffic and Property Management Company LLC

National Labor Relations Board - Board Decisions

Sep 24, 2019

368 NLRB No. 79 (N.L.R.B. 2019)

368 NLRB No. 79
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.
CC Traffic and Property Management Company
LLC and Teamsters Local Union No. 727. Case
13–CA–215998
September 24, 2019
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS MCFERRAN
AND KAPLAN
The General Counsel seeks a default judgment in this
case on the ground that the Respondent, CC Traffic and
Property Management Company LLC, has failed to file
an answer to the amended complaint. Upon a charge and
amended charge filed by Teamsters Local Union No. 727
(the Union) on March 6 and August 2, 2018,1 respective-
ly, the General Counsel issued a complaint on July 18
and an amended complaint on August 2, against the Re-
spondent, alleging that it has violated Section 8(a)(5) and
(1) of the National Labor Relations Act. The Respondent
failed to file an answer.
On January 15, 2019, the General Counsel filed with
the National Labor Relations Board a Motion for Default
Judgment. On January 18, 2019, the Board issued an
Order transferring the proceeding to the Board and a No-
tice to Show Cause why the motion should not be grant-
ed. On May 30, and June 19, 2019, the Board reissued
the Order transferring the proceeding and the Notice to
Show Cause to ensure service on the Respondent’s coun-
sel and its new counsel, respectively. 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.2 In addition, the amended complaint affirmative-

1 All dates are 2018 unless otherwise indicated.
2 The motion for default judgment and attached exhibits indicate
that the Region served a copy of the complaint and the amended com-
plaint by certified mail, return receipt requested, on the Respondent’s
agent and manager, Jose Ralon, at 425 South Wells Street, Chicago, IL
60607 and by first class mail on his address at 412 South Dearborn
Street, Chicago, IL 60605-1107. Although there are no returned post
office receipt cards indicating delivery of the documents sent by certi-
fied mail, there is also no indication that either the regular or certified
mailings were returned to the Region as unclaimed or undeliverable.
ly stated that unless an answer was received by August
17, the Board may find, pursuant to a motion for default
judgment, that the allegations in the amended complaint
are true. Further, the undisputed allegations in the Gen-
eral Counsel’s motion disclose that the Region, by letter
dated August 22, notified the Respondent that unless an
answer was received by August 27, a motion for default
judgment would be filed. The Respondent’s counsel, in
a telephone conversation with the Region on August 24,
promised to file an answer by August 27. After no an-
swer was filed on that date, the Region left a voicemail
with the Respondent’s counsel on August 28, stating that
the Region was prepared to file a Motion for Default
Judgment. The Respondent’s counsel responded with a
voicemail on August 29, promising to file an answer by
the close of business that day. Nevertheless, the Re-
spondent 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
amended complaint to be admitted as true, and 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 lim-
ited liability company with an office and place of busi-
ness in Chicago, Illinois (the Respondent’s facility) and
has been engaged in the business of managing parking
facilities.
About January 1, 2018, the Respondent took over the
business of Park One, Inc. (Park One) at 412 South
Dearborn Street, Chicago, Illinois. Since then, the Re-
spondent has continued to operate the business of Park
One in basically unchanged form and has employed as a
majority of its employees individuals who were previ-
ously employees of Park One.
Based on its operations described above, the Respond-
ent has continued the employing entity and is a successor
to Park One.

It is well settled that a respondent’s failure or refusal to accept certi-
fied mail or to provide for receiving appropriate service cannot serve to
defeat the purposes of the Act. See Cray Construction Group, LLC,
341 NLRB 944, 944 fn. 5 (2004); I.C.E. Electric, Inc., 339 NLRB 247,
247 fn. 2 (2003). Further, the failure of the Postal Service to return
documents served by regular mail indicates actual receipt of those
documents by the Respondent. Id.; Lite Flight, Inc., 285 NLRB 649,
650 (1987), enfd. sub nom. NLRB v. Sherman, 843 F.2d 1392 (6th Cir.
1988). Thus, the affidavits of service of the Board agent constitutes
sufficient proof of service of the complaint and the amended complaint
here, even in the absence of evidence of delivery from the Postal Ser-
vice. See CCY New Worktech, Inc., 329 NLRB 194, 194 (1999); Best
Western City View Motor Inn, 327 NLRB 468, 469 and fn. 8 (1999); 29
C.F.R. § 102.4(a), (d).
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
In conducting its operations during the 12-month peri-
od ending April 30, 2018, the Respondent derived gross
revenues in excess of $500,000.
During the same 12-month period, the Respondent
purchased and received at its facility products, goods,
and materials valued in excess of $5000 from points out-
side the State of Illinois.
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
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 employees of the Employer, including, but not lim-
ited to: cashiers, hikers, attendants, porters, mainte-
nance men/custodians, drive men, washers, collectors,
customer service representatives (excluding those who
do sales and/or marketing), drivers, dispatchers, bell-
men, doormen and supervisors who perform bargaining
unit work, but excluding clerical employees, guards,
professional employees and supervisors as defined in
the National Labor Relations Act, who do not perform
bargaining unit work.
From about September 1, 2017, until about December
31, 2017, the Union had been the exclusive collective-
bargaining representative of the unit employed by Park
One, and during that time, the Union had been recog-
nized as such representative by Park One. This recogni-
tion has been embodied in successive collective-
bargaining agreements, the most recent of which is effec-
tive from November 1, 2016, to October 31, 2021.
Since about January 1, 2018, based on the facts de-
scribed above, the Union has been the designated exclu-
sive collective-bargaining representative of the unit.
From about September 1 to December 31, 2017,3
based on Section 9(a) of the Act, the Union had been the
exclusive collective-bargaining representative of the unit
employed by Park One.
At all times since about January 1, 2018, based on Sec-
tion 9(a) of the Act, the Union has been the exclusive
collective-bargaining representative of the Respondent’s
employees in the unit.
About February 21, 2018, the Union, by letter, re-
quested that the Respondent recognize it as the exclusive
collective-bargaining representative of the unit and bar-

3 The complaint erroneously alleges this time period as September
1, 2017, to January 1, 2018.
gain collectively with the Union as the exclusive collec-
tive-bargaining representative of the unit.
Since about February 21, 2018, the Respondent has
failed and refused to recognize and bargain with the Un-
ion as the exclusive collective-bargaining representative
of the unit.
Since about February 21, 2018, the Union has request-
ed in writing that the Respondent furnish the Union with
the following information:
(1) Names and hire dates of all employees from the
date it began operating the 412 S. Dearborn location to
the present;
(2) Copies of any and all policies currently applicable
to bargaining unit members, including but not limited
to polices related to vacation, sick/personal time, PTO,
holidays, scheduling, jury duty, funeral leave, and
leaves of absences;
(3) A copy of any employee handbook covering bar-
gaining unit members; and
(4) Documentation reflecting the current hourly wage
rate of every bargaining unit member from the date it
began operating the 412 S. Dearborn location to the
present.
The information requested by the Union, as described
above, is necessary for, and relevant to, the Union’s per-
formance of its duties as the exclusive collective-
bargaining representative of the unit.
Since about February 26, 2018, the Respondent has
failed and refused to furnish the Union with the request-
ed information.
About January 1, 2018, the Respondent ceased making
contributions to Teamsters Local Union No. 727 Health
and Welfare Fund.
About January 1, 2018, the Respondent ceased making
contributions to Teamsters Local Union No. 727 Pension
Fund.
About January 1, 2018, the Respondent ceased making
contributions to Teamsters Local Union No. 727 Legal
and Educational Assistance Fund.
The subjects set forth above relate to wages, hours, and
other terms and conditions of employment of the unit and
are mandatory subjects for the purposes of collective
bargaining.
The Respondent engaged in the conduct described
above without prior notice to the Union and without af-
fording the Union an opportunity to bargain with the
Respondent with respect to this conduct and the effects
of this conduct.
CC TRAFFIC AND PROPERTY MANAGEMENT CO. LLC 3
CONCLUSIONS OF LAW
1. By the conduct described above, the Respondent
has failed and refused to bargain collectively and in good
faith with the exclusive collective-bargaining representa-
tive 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.
2. 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 failing and refusing to recognize and bargain
with the Union, we shall order the Respondent to recog-
nize and, on request, bargain with the Union as the ex-
clusive collective-bargaining representative of the unit
employees with respect to wages, hours, benefits, and
other terms and conditions of employment and, if an un-
derstanding is reached, to embody the understanding in a
signed agreement.
In addition, having found that the Respondent violated
Section 8(a)(5) and (1) by failing and refusing to furnish
the Union with relevant and necessary information, we
shall order the Respondent to furnish the Union with the
information it requested on February 21, 2018.
Finally, having found that the Respondent violated
Section 8(a)(5) and (1) of the Act by unilaterally chang-
ing terms and conditions of employment of its unit em-
ployees, including by ceasing contributions to the Un-
ion’s Health and Welfare, Pension, and Legal and Educa-
tional Assistance Funds since January 1, 2018, without
prior notice to the Union and without affording the Un-
ion an opportunity to bargain, we shall order the Re-
spondent to rescind the changes and retroactively restore
the status quo, until the Respondent negotiates in good
faith with the Union to agreement or to impasse. The
Respondent shall make whole its unit employees by mak-
ing all such delinquent fund contributions on behalf of
unit employees that have not been made since January 1,
2018, including any additional amounts due the funds in
accordance with Merryweather Optical Co., 240 NLRB
1213, 1216 fn. 7 (1979).
Further, the Respondent shall be required to reimburse
unit employees for any expenses ensuing from its failure
to make the required fund contributions, as set forth in
Kraft Plumbing & Heating, 252 NLRB 891, 891 fn. 2
(1980), enfd. mem. 661 F.2d 940 (9th Cir. 1981). Such
amounts should be computed in the manner set forth in
Ogle Protection Service, 183 NLRB 682 (1970), enfd.
444 F.2d 502 (6th Cir. 1971), with interest at the rate
prescribed in New Horizons, 283 NLRB 1173 (1987),
compounded daily as prescribed in Kentucky River Medi-
cal Center, 356 NLRB 6 (2010).4
ORDER
The National Labor Relations Board orders that the
Respondent, CC Traffic and Property Management
Company LLC, its officers, agents, successors, and as-
signs, shall
1. Cease and desist from
(a) Failing and refusing to recognize and bargain col-
lectively and in good faith with Teamsters Local Union
No. 727 as the exclusive collective-bargaining repre-
sentative of its employees in the appropriate bargaining
unit.
(b) Failing or refusing to bargain collectively with the
Union by failing and refusing to furnish it with requested
information that is relevant and necessary to the Union’s
performance of its functions as the exclusive collective-
bargaining representative of the Respondent’s unit em-
ployees.
(c) Changing the terms and conditions of employment
of its unit employees by failing and refusing to make
contributions to the Union’s Health and Welfare, Pen-
sion, and Legal and Educational Assistance Funds since
January 1, 2018, without first notifying the Union and
giving it an opportunity to bargain.
(d) 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) Recognize and, on request, bargain with the Union
as the exclusive representative of the employees in the
appropriate bargaining unit concerning terms and condi-
tions of employment and, if an understanding is reached,
embody the understanding in a signed agreement.
(b) Furnish to the Union in a timely manner the in-
formation requested on February 21, 2018.
(c) On request of the Union, rescind the changes to
unit employees’ terms and conditions of employment,
make contributions to the Union’s Health and Welfare,
Pension, and Legal and Educational Assistance Funds
that have not been made since January 1, 2018, and con-

4 To the extent that an employee has made personal contributions to
a benefit or other fund that has been accepted by the fund in lieu of the
Respondent’s delinquent contributions to the funds during the period of
the delinquency, the Respondent will reimburse the employee, but the
amount of such reimbursement will constitute a setoff to any amount
that the Respondent otherwise owes the funds.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
tinue to make those contributions until negotiating with
the Union to agreement or impasse.
(d) Make the unit employees whole for any expenses
ensuing from its failure to make contributions to the Un-
ion’s Health and Welfare, Pension, and Legal and Educa-
tional Assistance Funds since January 1, 2018, in the
manner set forth in the remedy section of this decision.
(e) Within 14 days after service by the Region, post at
its facility in Chicago, Illinois, copies of the attached
notice marked “Appendix.”5 Copies of the notice, on
forms provided by the Regional Director for Region 13,
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 January 1, 2018.
(f) 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. September 24, 2019
______________________________________
John F. Ring, Chairman
______________________________________
Lauren McFerran, Member
______________________________________
Marvin E. Kaplan, Member

5 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.”
(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 recognize and bargain
in good faith with the Union as the exclusive collective-
bargaining representative of our employees in the follow-
ing appropriate unit:
All employees, including, but not limited to: cashiers,
hikers, attendants, porters, maintenance men/
custodians, drive men, washers, collectors, customer
service representatives (excluding those who do sales
and/or marketing), drivers, dispatchers, bellmen, door-
men and supervisors who perform bargaining unit
work, but excluding clerical employees, guards, profes-
sional employees and supervisors as defined in the Na-
tional Labor Relations Act, who do not perform bar-
gaining unit work.
WE WILL NOT refuse to bargain collectively with the
Union by failing and refusing to furnish it with requested
information that is necessary and relevant to the perfor-
mance of its functions as the collective-bargaining repre-
sentative of our unit employees.
WE WILL NOT change the terms and conditions of em-
ployment of our unit employees by failing and refusing
to make contributions to the Union’s Health and Welfare,
Pension, and Legal and Educational Assistance Funds
without first giving notice to and bargaining with 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.
WE WILL recognize and, on request, bargain with the
Union as the exclusive representative of the employees in
the above-described unit concerning terms and condi-
CC TRAFFIC AND PROPERTY MANAGEMENT CO. LLC 5
tions of employment and, if an understanding is reached,
embody the understanding in a signed agreement.
WE WILL furnish to the Union in a timely manner the
information it requested on February 21, 2018.
WE WILL, on request of the Union, rescind changes to
the terms and conditions of employment of the employ-
ees in the above-described unit, make contributions to
the Union’s Health and Welfare, Pension, and Legal and
Educational Assistance Funds that have not been made
since January 1, 2018, and continue to make those con-
tributions until we negotiate in good faith with the Union
to agreement or to impasse.
WE WILL make unit employees whole, plus interest, for
any losses caused by our failure to make the required
fund contributions.
CC TRAFFIC AND PROPERTY MANAGEMENT
COMPANY LLC
The Board’s decision can be found at
www.nlrb.gov/case/13-CA-215998 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1015 Half Street, S.E., Washington,
D.C. 20570, or by calling (202) 273-1940.