368 NLRB No. 27 (N.L.R.B. 2019)

Conventions Unlimited, Inc. DBA Convention Services of Louisiana

National Labor Relations Board - Board DecisionsJul 30, 2019

368 NLRB No. 27 (N.L.R.B. 2019)

368 NLRB No. 27 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. Conventions Unlimited, Inc. d/b/a Convention Services of Louisiana and International Alliance of Theat- rical Stage Employees and Moving Picture Tech- nicians, Artists and Allied Crafts of The United States and Canada, AFL–CIO (IATSE), Local 39. Case 15–CA–230783 July 30, 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 Conventions Unlimited, Inc. d/b/a Convention Services of Louisiana (the Respondent) has failed to file an answer to the complaint. Upon a charge filed by the International Alliance of Theatrical Stage Em- ployees and Moving Picture Technicians, Artists and Al- lied Crafts of the United States and Canada, AFL–CIO (IATSE), Local 39 (the Union) on November 8, 2018, and a subsequent amended charge filed on January 31, 2019, the General Counsel issued a complaint on March 29, 2019, against the Respondent, 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 May 3, 2019, the General Counsel filed a Motion for Default Judgment with the Board. Thereafter, on May 7, 2019, the Board issued an order transferring the proceed- ing to the Board and a Notice to Show Cause why the mo- tion should not be granted. The Respondent filed no re- sponse. The allegations in the motion are therefore undis- puted. 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 after the service of the complaint, unless good cause is shown. Moreover, the complaint affirmatively stated that unless an answer was received by April 12, 2019, the Board may find, pursuant to a motion for default judg- ment, that the allegations in the complaint are true. Addi- tionally, the undisputed allegations in the General Coun- sel’s motion indicate that the Region, in a letter dated April 19, 2019, notified the Respondent that unless an an- swer was received by April 26, 2019, 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 failure to file an answer, we deem the allegations in the 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 corpo- ration with an office and place of business in River Ridge, Louisiana, and has been engaged in the installation, dis- mantling, and maintenance of convention display materi- als. In conducting its operations during the 12-month period ending March 25, 2019, the Respondent provided services valued in excess of $50,000 for Rodan & Fields, LLC within the State of Louisiana. At all material times, Rodan & Fields, LLC has been a corporation with an office and place of business in San Francisco, California, and has been engaged in the manu- facture and sale of skincare products. Annually, Rodan & Fields, LLC sold and shipped from its San Francisco, California facility goods valued in ex- cess of $50,000 directly to points outside the State of Cal- ifornia. Annually, Rodan & Fields, LLC purchased and re- ceived at its San Francisco, California facility goods val- ued in excess of $50,000 directly from points outside the State of California. Rodan & Fields, LLC is an enterprise directly engaged in interstate commerce. 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, Donald Fisk held the position of president and has been an agent of the Respondent within the meaning of Section 2(13) of the Act. The following employees of the Respondent constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9(b) of the Act (the unit): All employees furnished by the Union to Respondent who perform services in connection with the installation, dismantling, and maintenance of convention decora- tions, exhibits and facilities, display booths, freight work and all related work. At all material times, the Respondent has recognized the Union as the exclusive collective-bargaining DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2 representative of the unit. This recognition has been em- bodied in a recognition agreement dated July 1, 2014. Since about September 14, 2018, the Union has re- quested verbally that the Respondent furnish the Union with the following information: the Respondent’s check registry for the September 2018 Rodan & Fields, LLC show. Since about October 5, 2018, the Union has requested, in writing, that the Respondent furnish the Union with the following information: the Respondent’s check registry and timesheets for the September 2018 Rodan & Fields, LLC show. Since about October 22, 2018, the Union has requested, in writing, that the Respondent furnish the Union with the following information: the Respondent’s check registries and daily timesheets for all shows at which the Union pro- vided the Respondent with employees from 2014 to the present. The information requested by the Union, as described above, is necessary for and relevant to the Union’s perfor- mance of its duties as the exclusive collective-bargaining representative of the unit. Since about October 22, 2018, the Respondent has failed and refused to furnish the Union with the infor- mation requested by it as described above. CONCLUSION OF LAW By the conduct described above, the Respondent has failed to bargain collectively and in good faith with the exclusive collective-bargaining representative of its em- ployees in violation of Section 8(a)(5) and (1) of the Act. The unfair labor practices of the Respondent described above 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 violated Section 8(a)(5) and (1) of the Act by failing to furnish the Union with certain in- formation that is relevant and necessary to its role as the exclusive collective-bargaining representative of the unit employees, we shall order the Respondent to furnish the Union with the information it requested on about Septem- ber 14 and October 5 and 22, 2018. 1 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 National Labor Relations Board” shall read “Posted Pursuant to a Judgment of the ORDER The National Labor Relations Board orders that the Re- spondent, Conventions Unlimited, Inc. d/b/a Convention Services of Louisiana, River Ridge, Louisiana, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Refusing to bargain collectively with the Interna- tional Alliance of Theatrical Stage Employees and Mov- ing Picture Technicians, Artists and Allied Crafts of the United States and Canada, AFL–CIO (IATSE), Local 39 as the exclusive collective-bargaining representative of the bargaining-unit employees by failing and refusing to furnish it with requested information that is relevant and necessary to the Union’s performance of its representative functions. (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) Furnish to the Union in a timely manner the infor- mation it requested on September 14 and October 5 and 22, 2018. (b) Within 14 days after service by the Region, post at its facility in River Ridge, Louisiana, copies of the at- tached notice marked “Appendix.”1 Copies of the notice, on forms provided by the Regional Director for Region 15, 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, in- cluding all places where notices to employees are custom- arily posted. In addition to physical posting of paper no- tices, notices shall be distributed electronically, such as by email, posting on an intranet or internet site, and/or other electronic means, if the Respondent customarily com- municates with its employees by such means. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. If the Respondent has gone out of business or closed the facility involved in these proceedings, the Re- spondent shall duplicate and mail, at its own expense, a copy of the notice to all current employees and former em- ployees employed by the Respondent at any time since October 22, 2018. (c) Within 21 days after service by the Region, file with the Regional Director for Region 15 a sworn certification of a responsible official on a form provided by the Region United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” CONVENTIONS UNLIMITED, INC. D/B/A CONVENTION SERVICES OF LOUISIANA 3 attesting to the steps that the Respondent has taken to com- ply. Dated, Washington, D.C. July 30, 2019 ______________________________________ John F. Ring, Chairman ______________________________________ Lauren McFerran, Member ______________________________________ Marvin E. Kaplan, 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 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 ac- tivities. WE WILL NOT refuse to bargain collectively with the In- ternational Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada AFL–CIO (IATSE), Local 39, by failing and refusing to furnish it with requested in- formation 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 in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above. WE WILL furnish to the Union in a timely manner the information it requested on September 14 and October 5 and 22, 2018. CONVENTIONS UNLIMITED, INC. D/B/A CONVENTION SERVICES OF LOUISIANA The Board’s decision can be found at www.nlrb.gov/case/15-CA-230783 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.