Copper State Bolt & Nut Company, Inc.

National Labor Relations Board - Board Decisions

Sep 9, 2019

368 NLRB No. 69 (N.L.R.B. 2019)

368 NLRB No. 69
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.
Copper State Bolt & Nut Company, Inc. and Charus
Ryce. Case 28–CA–232050
September 9, 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 Copper State Bolt & Nut Com-
pany, Inc. (the Respondent) has failed to file an answer
to the complaint. Upon a charge and amended charge
filed by Charus Ryce on November 30 and December 11,
2018,1 respectively, the General Counsel issued a com-
plaint and notice of hearing on June 5, 2019, against the
Respondent, alleging that it has violated Section 8(a)(1)
of the National Labor Relations Act. The Respondent
failed to file an answer.
On July 2, 2019, the General Counsel filed a Motion
for Default Judgment with the Board. On July 3, 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 re-
sponse. The allegations in the motion are therefore un-
disputed.
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 June 19, 2019, the
Board may find, pursuant to a motion for default judg-
ment, that the allegations in the complaint are true. Fur-
ther, the undisputed allegations in the General Counsel’s
motion disclose that the Region, by letter dated June 20,
2019, notified the Respondent that unless an answer was
received by June 27, 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 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

1 All dates are in 2018 unless otherwise indicated.
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a cor-
poration with an office and place of business in Phoenix,
Arizona, and has been engaged in the manufacture and
nonretail sale of fasteners and related products.
In conducting its operations during the 12-month peri-
od ending November 30, 2018, the Respondent pur-
chased and received at the Respondent’s facility goods
valued in excess of $50,000 directly from points outside
the State of Arizona.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individuals 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:
Paul Tiffany Vice President of Manufacturing
Robert Berry Manager of Heat Treat Operations
Sam Tiffany Human Resources Manager
Kevin Smith Warehouse Supervisor
Bryan Cates Executive Vice President of Operations
1 From about September 25 to about October 25,
2018, the Respondent’s employee Charus Ryce engaged
in concerted activities with other employees for the pur-
pose of mutual aid and protection by complaining to the
Respondent regarding the wages, hours, and working
conditions of the Respondent’s employees, discussing
pay with other employees, and raising concerns about
pay with the Respondent.
2(a) About September 25, the Respondent, by Robert
Berry, (i) promulgated and since then has maintained a
rule or directive requiring employees to bring job-related
concerns exclusively to Berry, and (ii) threatened em-
ployees with unspecified reprisals if they violated the
above-mentioned rule or directive.
(b) About October 4, the Respondent, by Berry, (i) in-
terrogated and threatened to interrogate employees about
their protected concerted activities and the protected con-
certed activities of other employees; (ii) promulgated and
since then has maintained a rule or directive prohibiting
employees from discussing pay; and (iii) threatened em-
ployees with discharge for engaging in protected con-
certed activities.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
(c) About October 4, the Respondent suspended its
employee Ryce.
(d) About October 23, the Respondent discharged
Ryce.
(e) About October 25, the Respondent was hiring or
had concrete plans to hire at least one employee and re-
fused to consider for hire or hire Ryce.
3(a) The Respondent engaged in the conduct described
above in paragraphs 2(c) through (e) because Ryce en-
gaged in the conduct described above in paragraph 1, and
to discourage employees from engaging in these or other
concerted activities.
(b) In the alternative to the allegation set forth above in
paragraph 3(a), the Respondent engaged in the conduct
described above in paragraphs 2(c) through (e) because
the Respondent believed Ryce engaged in the conduct
described above in paragraph 1, and to discourage em-
ployees from engaging in these or other concerted activi-
ties.
(c) The Respondent engaged in the conduct described
above in paragraphs 2(c) through (e) because Ryce vio-
lated the rules or directives described above in para-
graphs 2(a)(i) and 2(b)(ii).
(d) In the alternative to the allegation set forth above in
paragraph 3(c), the Respondent engaged in the conduct
described above in paragraphs 2(c) through (e) because
the Respondent believed Ryce violated the rules or direc-
tives described above in paragraphs 2(a)(i) and 2(b)(ii).
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been interfering with, restraining, or coercing employees
in the exercise of the rights guaranteed in Section 7 of
the Act in violation of Section 8(a)(1) of the Act. The
unfair labor practices of the Respondent 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)(1)
by promulgating, maintaining, and enforcing rules or
directives prohibiting employees from discussing pay
and requiring employees to bring job-related concerns
exclusively to an agent of the Respondent, we shall order
the Respondent to rescind the unlawful rules or directives
and to advise its employees in writing that it has done so.
In addition, having found that the Respondent further
violated Section 8(a)(1) by suspending, discharging, and
refusing to consider for hire or to hire Charus Ryce be-
cause Ryce engaged in protected concerted activities or
because the Respondent believed that Ryce engaged in
protected concerted activities, we shall order the Re-
spondent to reinstate Ryce and make him whole for any
loss of earnings and other benefits suffered as a result of
the unlawful discrimination. Backpay shall be computed
in accordance with F. W. Woolworth Co., 90 NLRB 289
(1950), with interest at the rate prescribed in New Hori-
zons, 283 NLRB 1173 (1987), compounded daily as pre-
scribed in Kentucky River Medical Center, 356 NLRB 6
(2010).
In accordance with our decision in King Soopers, Inc.,
364 NLRB No. 93 (2016), enfd. in relevant part 859 F.3d
23 (D.C. Cir. 2017), we shall also order the Respondent
to compensate Ryce for search-for-work and interim em-
ployment expenses regardless of whether those expenses
exceed interim earnings. Search-for-work and interim
employment expenses shall be calculated separately from
taxable net backpay, with interest at the rate prescribed in
New Horizons, supra, compounded daily as prescribed in
Kentucky River Medical Center, supra.
In addition, we shall order the Respondent to compen-
sate Ryce for any adverse tax consequences of receiving
a lump-sum backpay award and to file a report with the
Regional Director for Region 28 allocating the backpay
award to the appropriate calendar years. AdvoServ of
New Jersey, Inc., 363 NLRB No. 143 (2016).
The Respondent shall also be required to remove from
its files any reference to the unlawful suspension, dis-
charge, refusal to consider for hire, and refusal to hire
Ryce and to notify him in writing that this has been done
and that the unlawful suspension, discharge, refusal to
consider for hire or to hire will not be used against him in
any way.
ORDER
The National Labor Relations Board orders that the
Respondent, Copper State Bolt & Nut Company, Inc.,
Phoenix, Arizona, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Promulgating, maintaining, or enforcing a rule or
directive requiring employees to bring job-related con-
cerns exclusively to Robert Berry or any other agent of
Copper State Bolt & Nut Company, Inc.
(b) Threatening employees with unspecified reprisals
if they fail to bring job-related concerns exclusively to
Robert Berry or any other agent of Copper State Bolt &
Nut Company, Inc.
(c) Coercively interrogating or threatening to interro-
gate employees about their protected concerted activities
and the protected concerted activities of other employees.
(d) Promulgating, maintaining, or enforcing a rule or
directive prohibiting employees from discussing pay.
COPPER STATE BOLT & NUT CO. 3
(e) Threatening employees with discharge for engag-
ing in protected concerted activities.
(f) Suspending, discharging, or otherwise discriminat-
ing against employees because they discuss pay or other
terms and conditions of employment, engage in protected
concerted activities, or fail to bring job-related concerns
exclusively to Robert Berry or any other agent of Copper
State Bolt & Nut Company, Inc.
(g) Refusing to consider for hire or to hire employee-
applicants because they discuss pay or other terms and
conditions of employment, engage in protected concerted
activities, or fail to bring job-related concerns exclusive-
ly to Robert Berry or any other agent of Copper State
Bolt & Nut Company, Inc.
(h) 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) Rescind the unlawful rules or directives requiring
employees to bring job-related concerns exclusively to
Robert Berry and prohibiting employees from discussing
pay.
(b) Within 14 days from the date of this Order, offer
Charus Ryce 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.
(c) Make Charus Ryce whole for any loss of earnings
and other benefits suffered as a result of the discrimina-
tion against him in the manner set forth in the remedy
section of this Decision and Order.
(d) Compensate Charus Ryce for the adverse tax con-
sequences, if any, of receiving a lump-sum backpay
award, and file with the Regional Director for Region 28,
within 21 days of the date the amount of backpay is
fixed, either by agreement or Board order, a report allo-
cating the backpay award to the appropriate calendar
year.
(e) Within 14 days from the date of this Order, remove
from its files any reference to the unlawful suspension,
discharge, refusal to consider for hire, and refusal to hire
Charus Ryce, and within 3 days thereafter notify him in
writing that this has been done and that the unlawful sus-
pension, discharge, refusal to consider for hire, and re-
fusal to hire will not be used against him in any way.
(f) 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, so-
cial security payment records, timecards, personnel rec-
ords and reports, and all other records, including an elec-
tronic copy of such records if stored in electronic form,
necessary to analyze the amount of backpay due under
the terms of this Order.
(g) Within 14 days after service by the Region, post at
its facility in Phoenix, Arizona, copies of the attached
notice marked “Appendix.”2 Copies of the notice, on
forms provided by the Regional Director for Region 28,
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 internet site, and/or
other electronic means, if the Respondent customarily
communicates with its employees by such means. Rea-
sonable 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 proceed-
ings, 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 September 25, 2018.
(h) Within 21 days after service by the Region, file
with the Regional Director for Region 28 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 9, 2019
______________________________________
John F. Ring, Chairman
______________________________________
Lauren McFerran, Member
______________________________________
Marvin E. Kaplan, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

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.”
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
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 promulgate, maintain, or enforce a rule
or directive requiring you to bring job-related concerns
exclusively to Robert Berry or any other agent of Copper
State Bolt & Nut Company, Inc.
WE WILL NOT threaten you with unspecified reprisals if
you fail to bring job-related concerns exclusively to Rob-
ert Berry or any other agent of Copper State Bolt & Nut
Company, Inc.
WE WILL NOT promulgate, maintain, or enforce a rule
or directive prohibiting you from discussing pay or any
other term and condition of employment.
WE WILL NOT coercively interrogate or threaten to in-
terrogate you about your protected concerted activities or
the protected concerted activities of other employees.
WE WILL NOT suspend, discharge, or otherwise dis-
criminate against you because you discuss pay or other
terms and conditions of employment, engage in protected
concerted activities, or fail to bring job-related concerns
exclusively to Robert Berry or any other agent of Copper
State Bolt & Nut Company, Inc.
WE WILL NOT refuse to consider for hire or refuse to
hire employee-applicants because they discuss pay or
other terms and conditions of employment, engage in
protected concerted activities, or fail to bring job-related
concerns exclusively to Robert Berry or any other agent
of Copper State Bolt & Nut Company, Inc.
WE WILL in any like or related manner interfere with,
restrain, or coerce you in the exercise of the rights guar-
anteed you by Section 7 of the Act.
WE WILL rescind our unlawful rules or directives re-
quiring employees to bring job-related concerns exclu-
sively to Robert Berry and prohibiting employees from
discussing pay.
WE WILL, within 14 days from the date of the Board’s
Order, offer Charus Ryce 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 Charus Ryce whole for any loss of
earnings and other benefits suffered as a result of the
discrimination against him, less any net interim earnings,
plus interest, and WE WILL also make him whole for rea-
sonable search-for-work and interim employment ex-
penses, plus interest.
WE WILL compensate Charus Ryce for the adverse tax
consequences, if any, of receiving a lump-sum backpay
award, and WE WILL file with the Regional Director for
Region 28, within 21 days of the date the amount of
backpay is fixed, either by agreement or Board order, a
report allocating the backpay award to the appropriate
calendar years.
WE WILL, within 14 days from the date of the Board's
Order, remove from our files any reference to the unlaw-
ful suspension, discharge, refusal to consider for hire,
and refusal to hire Charus Ryce, and WE WILL, within 3
days thereafter, notify him in writing that this has been
done and that the suspension, discharge, refusal to con-
sider for hire, and refusal to hire will not be used against
him in any way.
COPPER STATE BOLT & NUT COMPANY, INC.
The Board’s decision can be found at
https://www.nlrb.gov/case/28-CA-232050 or by using the
QR code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Re-
lations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.