CW Building Maintenance

National Labor Relations Board - Board Decisions

May 20, 2020

369 N.L.R.B. 83 (N.L.R.B. 2020)

369 NLRB No. 83
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.
CW Building Maintenance and Service Employees In-
ternational Union, SEIU Local 87. Case 20–CA–
253040
May 20, 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 CW Building Maintenance (the
Respondent) has failed to file an answer to the complaint.
Upon a charge filed by Service Employees International
Union, Local 87 (the Union), on December 4, 2019, the
General Counsel issued a complaint and notice of hearing
on February 18, 2020, against the Respondent, alleging
that it has violated Section 8(a)(5) and (1) of the Act. The
Respondent failed to file an answer.
On April 6, 2020, the General Counsel filed with the
National Labor Relations Board a Motion for Default
Judgment. Thereafter, on April 8, 2020, 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 allega-
tions 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 March 3, 2020, the Board may
find, pursuant to a motion for default judgment, that the
allegations in the complaint are true. Further, the undis-
puted allegations in the General Counsel’s motion dis-
close that the Region, by letter dated March 12, 2020, ad-
vised the Respondent that unless an answer was received
by March 19, 2020, a motion for default judgment would
be filed.1 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
1 On February 18, 2020, counsel for the Respondent advised the Re-
gion by email that he was retiring from active law practice for health
reasons and would not be able to represent or advise the Respondent any
longer. The Respondent’s counsel assured the Region that the Respond-
ent was making every attempt to provide the Union with all the requested
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 San Fran-
cisco, California (the Respondent’s facility), and has been
engaged in the business of providing janitorial services to
office buildings.
During the 12-month period ending December 31,
2018, the Respondent, in conducting its operations, pur-
chased and received at its San Francisco, California facil-
ity good valued in excess of $50,000 directly from points
outside the State of California.
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, Michelle Redding held the posi-
tion of the Respondent’s owner and has been an agent of
the Respondent within the meaning of Section 2(13) of the
Act.
At all times, an attorney, who is unnamed herein but
whose identity is known to the Respondent, has been an
agent of the Respondent within the meaning of Section
2(13) of the Act.
The following employees of the Respondent, the unit,
constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the Act:
All employees working under the provisions of the Col-
lective Bargaining Agreement between the Union and
the San Francisco Maintenance Contractors Association
in effect from August 1, 2016 through July 31, 2020.
Since about February 24, 2013 and at all material times,
the Respondent has recognized the Union as the exclusive
collective-bargaining representative of the unit. This
recognition has been embodied in successive collective-
bargaining agreements, the most recent of which is effec-
tive from August 1, 2016, to July 31, 2020.
At all times since February 24, 2013, based on Section
9(a) of the Act, the Union has been the exclusive collec-
tive-bargaining representative of the unit.
information and requested that the Respondent be allowed 30 days to
find new counsel. On February 20, 2020, the Region provided the Re-
spondent and its former counsel with a copy of the complaint and advised
the Respondent that was it unable to grant the request for an extension.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
Since about July 17, 2019, the Union has requested in
writing that the Respondent furnish the Union with the fol-
lowing information: the monthly paystubs of each unit
employee, organized by individual employee, from Au-
gust 2016 to the present.
The information requested by the Union is necessary
for, and relevant to, the Union's performance of its duties
as the exclusive collective-bargaining representative of
the unit.
Since about August 15, 2019, the Respondent, by its un-
named attorney, has failed and refused to furnish the Un-
ion with the information requested by it.
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 in violation of Section 8(a)(5)
and (1) of the Act. The Respondent’s unfair labor prac-
tices 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)
by failing and refusing to furnish the Union with requested
information that is necessary and relevant to the Union's
performance of its duties as the exclusive collective-bar-
gaining representative of the unit employees, we shall or-
der the Respondent to furnish the Union with the infor-
mation it requested since about July 17, 2019.
ORDER
The National Labor Relations Board orders that the Re-
spondent, CW Building Maintenance, San Francisco, Cal-
ifornia, its officers, agents, successors, and assigns shall:
1. Cease and desist from
(a) Failing and refusing to bargain collectively and in
good faith with Service Employees International Union,
Local 87 (the Union) as the exclusive collective-bargain-
ing representative of employees in the following unit, by
failing and refusing to furnish it with the requested infor-
mation that is necessary and relevant to the Union’s
2 If the facility involved in these proceedings is open and staffed by a
substantial complement of employees, the notices must be posted within
14 days after service by the Region. If the facility involved in these pro-
ceedings is closed due to the Coronavirus pandemic, the notices must be
posted within 14 days after the facility reopens and a substantial comple-
ment of employees have returned to work, and the notices may not be
posted until a substantial complement of employees have returned to
work. Any delay in the physical posting of paper notices also applies to
performance of its functions as the exclusive collective-
bargaining representative of the Respondent’s unit em-
ployees. The unit is:
All employees working under the provisions of the Col-
lective Bargaining Agreement between the Union and
the San Francisco Maintenance Contractors Association
in effect from August 1, 2016 through July 31, 2020.
(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 the Union, in a timely manner, with the in-
formation requested since July 17, 2019, to the extent that
it has not already done so.
(b) Post at its San Francisco, California facility copies
of the attached notice marked “Appendix."2 Copies of the
notice, on forms provided by the Regional Director for Re-
gion 20, after being signed by the Respondent's authorized
representative, shall be posted by the Respondent and
maintained 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 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 proceedings, the
Respondent 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
August 15, 2019.
(c) Within 21 days after service by the Region, file with
the Regional Director for Region 20 a sworn certification
of a responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to com-
ply.
Dated, Washington, D.C. May 20, 2020
______________________________________
John F. Ring, Chairman
the electronic distribution of the notice if the Respondent customarily
communicates with its employees by electronic means. 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 United States
Court of Appeals Enforcing an Order of the National Labor Relations
Board.”
CW BUILDING MAINTENANCE 3
______________________________________
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 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 fail and refuse to bargain collectively and
in good faith with Service Employees International Union,
Local 87 (the Union) as the exclusive collective-
bargaining representative of employees in the following
unit, by failing and refusing to furnish it with requested
information that is necessary and relevant to the Union’s
performance of its functions as the exclusive collective-
bargaining representative of our unit employees. The unit
is:
All employees working under the provisions of the Col-
lective Bargaining Agreement between the Union and
the San Francisco Maintenance Contractors Association
in effect from August 1, 2016 through July 31, 2020.
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 the Union, in a timely manner, with
the information requested since July 17, 2019, to the ex-
tent that we have not already done so.
CW BUILDING MAINTENANCE
The Board’s decision can be found at
www.nlrb.gov/case/20-CA-253040 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.
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