Dentz Painting, Inc. and Global Contracting Services

National Labor Relations Board - Board Decisions

Sep 5, 2014

361 N.L.R.B. 393 (N.L.R.B. 2014)

DENTZ PAINTING, INC. 393
Dentz Painting, Inc. and Global Contracting Services
and Painters & Allied Trades District Council,
No. 6. Case 08–CA–083055
September 5, 2014
DECISION AND ORDER
BY MEMBERS MISCIMARRA, HIROZAWA,
AND JOHNSON
The General Counsel seeks a default judgment in this
case on the ground that Dentz Painting, Inc. (Respondent
Dentz) and Global Contracting Services (Respondent
Global) (collectively, the Respondents) have failed to file
an answer to the complaint. Upon a charge filed by
Painters & Allied Trades District Council, No. 6 (the
Union) on June 14, 2012, the General Counsel issued a
complaint on May 27, 2014, against the Respondents,
alleging that they had violated Section 8(a)(5), (3), and
(1) of the National Labor Relations Act. The Respond-
ents failed to file an answer.
On June 18, 2014, the General Counsel filed a Motion
for Default Judgment with the Board. On June 19, 2014,
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 Respondents 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
from service of the complaint, unless good cause is
shown. In addition, the complaint affirmatively stated
that unless an answer was received by June 10, 2014, 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 11,
2014, notified the Respondents that unless an answer was
received by June 17, 2014, a motion for default judgment
would be filed. The Respondents failed to file an an-
swer.
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
FINDINGS OF FACT
I. JURISDICTION
At all material times, Respondent Dentz has been an
Ohio corporation with an office and place of business
located at 5181 West 161st Street, Brook Park, Ohio, and
has been engaged in providing commercial and residen-
tial painting services.
At all material times, Respondent Global has been a
Wyoming limited liability company with an office and
place of business located at 5081 West 161st Street,
Brook Park, Ohio, and has been engaged in providing
commercial and residential painting and other contract-
ing services.
At all material times, Respondent Dentz and Respond-
ent Global have had substantially identical management,
business purposes, operations, equipment, customers,
supervision, and ownership.
On about August 3, 2011, Respondent Dentz estab-
lished Respondent Global as a disguised continuation of
Respondent Dentz for the purpose of evading its respon-
sibilities under the Act.
Based on the operations and conduct described above,
the Respondents are, and have been at all material times,
alter egos within the meaning of the Act.
Until it ceased operations on about August 3, 2011,
Respondent Dentz, in conducting its operations as de-
scribed above, annually provided services valued in ex-
cess of $50,000 for the Cleveland Clinic, an enterprise
located within the State of Ohio that is directly engaged
in interstate commerce.
Respondent Global, in conducting its operations as de-
scribed above, annually provides services valued in ex-
cess of $50,000 for the Cleveland Clinic, an enterprise
located within the State of Ohio that is directly engaged
in interstate commerce.
We find that the Respondents are employers 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, the following individuals held
positions set forth opposite their respective names and
have been supervisors of Respondent Dentz within the
meaning of Section 2(11) of the Act and agents of Re-
spondent Dentz within the meaning of Section 2(13) of
the Act:

Eric Dentz President
Rebecca Dentz CEO
Thomas Allamon Project Manager

361 NLRB No. 40
394 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
At all material times, the following individuals held
positions set forth opposite their respective names and
have been supervisors of Respondent Global within the
meaning of Section 2(11) of the Act and agents of Re-
spondent Global within the meaning of Section 2(13) of
the Act:

Rebecca Dentz President and CEO
Thomas Allamon Project Manager

The following employees of Respondent Dentz consti-
tute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the Act
(the unit):

All journeymen and apprentices engaged in commer-
cial and residential painting work and related work.

On about November 7, 2009, Respondent Dentz, an
employer engaged in the building and construction in-
dustry, entered into a Working Agreement whereby it
agreed to be bound by the collective-bargaining agree-
ment between the Union and the Northern Ohio Painting
and Taping Contractors Association, effective from No-
vember 7, 2009 to April 7, 2013, and agreed to be bound
to future agreements unless timely notice was given. By
entering into the agreement described above, Respondent
Dentz recognized the Union as the exclusive collective-
bargaining representative of the unit without regard to
whether the Union’s majority status had ever been estab-
lished under Section 9(a) of the Act. From November 7,
2009 to at least April 1, 2013, based on Section 9(a) of
the Act, the Union has been the limited exclusive collec-
tive-bargaining representative of the unit.
The Respondents have engaged
in the following conduct
1. Since about January 1, 2012, the Respondents have
failed and refused to continue to employ employees of
Respondent Dentz engaged in providing commercial and
residential painting services. The Respondents engaged
in the conduct described above because the employees of
the Respondents joined and assisted the Union and en-
gaged in concerted activities, and to discourage employ-
ees from engaging in these activities.
2. Since about January 1, 2012, the Respondents have
failed and refused to continue in effect the terms of the
collective-bargaining agreement described above.
3. Since about January 1, 2012, the Respondents, by
Rebecca Dentz, have bypassed the Union and dealt di-
rectly with employees with respect to wages and other
terms and conditions of employment by discussing and
negotiating individual pay rates and benefits.
4. Since about March 8, 2012, the Union has request-
ed in writing that the Respondents provide it with infor-
mation related to the business operations of the Respond-
ents, employee information, and other information. That
letter is attached to the complaint as Exhibit A.1 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 March 8, 2012,
the Respondents have failed and refused to furnish the
information requested by the Union.
CONCLUSIONS OF LAW
1. By the conduct described above in paragraph 1, the
Respondents have been discriminating in regard to the
hire or tenure or terms or conditions of employment of
their employees, thereby discouraging membership in a
labor organization in violation of Section 8(a)(3) and (1)
of the Act.
2. By the conduct described above in paragraphs 2
through 4, the Respondents have been failing and refus-
ing to bargain collectively and in good faith with the lim-
ited exclusive collective-bargaining representative of
their employees within the meaning of Section 8(d) of
the Act, in violation of Section 8(a)(5) and (1) of the Act.
3. The unfair labor practices of the Respondents affect
commerce within the meaning of Section 2(6) and (7) of
the Act.
REMEDY
Having found that the Respondents have engaged in
certain unfair labor practices, we shall order them to
cease and desist and to take certain affirmative action
designed to effectuate the policies of the Act. Specifical-
ly, having found that the Respondents violated Section
8(a)(3) and (1) by failing and refusing to continue to em-
ploy the unit employees of Respondent Dentz, we shall
order the Respondents to offer these employees full rein-
statement to their former jobs or, if those jobs no longer
exist, to substantially equivalent positions, without prej-
udice to their seniority or any other rights or privileges
previously enjoyed. Further, the Respondents shall make
the employees whole for any loss of earnings and other
benefits suffered as a result of the discrimination against
them. Backpay shall be computed in accordance with F.
W. Woolworth Co., 90 NLRB 289 (1950), with interest at
the rate prescribed in New Horizons for the Retarded,
283 NLRB 1173 (1987), compounded daily as prescribed
in Kentucky River Medical Center, 356 NLRB 6 (2010).
1 The Union’s March 8, 2012 letter is incorporated into this Decision
and Order as “Appendix B.”

DENTZ PAINTING, INC. 395
In addition, the Respondents shall be required to remove
from their files and records all references to the unlawful
failure to continue to employ employees of Respondent
Dentz, and to notify the discriminatees in writing that
this has been done and that the unlawful references will
not be used against them in any way.
Having further found that the Respondents violated
Section 8(a)(5) and (1) of the Act by failing and refusing
to continue in effect all the terms and conditions of the
collective-bargaining agreement, we shall order the Re-
spondents to honor and abide by the terms of the 2009–
2013 Working Agreement, and any automatic extension
or renewal thereof, and on request, to rescind these uni-
lateral changes. We shall also order the Respondents to
make the unit employees whole for any loss of earnings
and other benefits they may have suffered as a result of
these unlawful changes, in the manner set forth in Ogle
Protection Service, 183 NLRB 682 (1970), enfd. 444
F.2d 502 (6th Cir. 1971), with interest as prescribed in
New Horizons for the Retarded, supra, compounded dai-
ly as prescribed in Kentucky River Medical Center, su-
pra.
In addition, having found that the Respondents violat-
ed Section 8(a)(5) and (1) by bypassing the Union and
dealing directly with employees with respect to wages
and other terms and conditions of employment by dis-
cussing and negotiating individual pay rates and benefits,
we shall order the Respondents to recognize and bargain
with the Union as the exclusive collective-bargaining
representative of the unit employees with respect to wag-
es, hours, and other terms and conditions of employment
and, if an understanding is reached, to embody the un-
derstanding in a signed agreement.
Additionally, we shall order the Respondents to com-
pensate the unit employees for the adverse tax conse-
quences, if any, of receiving lump-sum backpay awards
and to file a report with the Social Security Administra-
tion allocating the backpay awards to the appropriate
calendar quarters for each employee. Don Chavas, LLC
d/b/a Tortillas Don Chavas, 361 NLRB 102 (2014).
Finally, having found that the Respondents violated
Section 8(a)(5) and (1) by failing and refusing to furnish
the Union with necessary and relevant information re-
quested since about March 8, 2012, we shall order the
Respondents to provide the Union with the requested
information that is necessary for and relevant to its role
as the limited collective-bargaining representative of the
unit.
ORDER
The National Labor Relations Board orders that the
Respondents, Dentz Painting, Inc. and Global Contract-
ing Services, Brook Park, Ohio, their officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to continue to employ employ-
ees of Respondent Dentz engaged in providing commer-
cial and residential painting services because they engage
in protected concerted activities or because of their sup-
port for and activities on behalf of the Union or to dis-
courage employees from engaging in these activities.
(b) Failing and refusing to bargain collectively and in
good faith with Painters & Allied Trades District Coun-
cil, No. 6 as the limited exclusive collective-bargaining
representative of the employees in the following unit
during the term of the Working Agreement, effective
from November 7, 2009 to April 7, 2013, and any auto-
matic renewal or extension of it:

All journeymen and apprentices engaged in commer-
cial and residential painting and related work.

(c) Failing and refusing to continue in effect all of the
terms and conditions of the 2009–2013 Working Agree-
ment, and any automatic renewal or extension of it.
(d) Bypassing the Union and dealing directly with em-
ployees with respect to wages and other terms and condi-
tions of employment by discussing and negotiating indi-
vidual pay rates and benefits.
(e) Failing and refusing to furnish the Union with the
requested information that is relevant and necessary to its
role as the limited exclusive collective-bargaining repre-
sentative of the unit employees.
(f) 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) On request, bargain with Painters & Allied Trades
District Council, No. 6, as the limited exclusive collec-
tive-bargaining representative of the unit.
(b) On request by the Union, continue in effect all of
the terms and conditions of employment contained in the
2009–2013 Working Agreement and any automatic re-
newal or extension of it, and rescind any unilateral
changes upon request.
(c) Make the unit employees whole for any loss of
earnings or other benefits they may have suffered as a
result of the Respondents’ unlawful conduct, with inter-
est, in the manner set forth in the remedy section of this
decision.
(d) Within 14 days from the date of this Order, offer
the unit employees full reinstatement to their former jobs
or, if those jobs no longer exist, to substantially equiva-
396 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
lent positions, without prejudice to their seniority or any
other rights or privileges previously enjoyed.
(e) Compensate the unit employees for the adverse tax
consequences, if any, of receiving lump-sum backpay
awards, and file a report with the Social Security Admin-
istration allocating the backpay awards to the appropriate
calendar quarters for each employee.
(f) Within 14 days from the date of this Order, remove
from their files any reference to the unlawful failure to
continue to employ employees of Respondent Dentz en-
gaged in providing commercial and residential painting
services, and within 3 days thereafter, notify the employ-
ees in writing that this has been done and that the termi-
nations will not be used against them in any way.
(g) Furnish the Union with the information it requested
on March 8, 2012.
(h) 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.
(i) Within 14 days after service by the Region, post at
their facility in Brook Park, Ohio, copies of the attached
notice marked “Appendix A.”2 Copies of the notice, on
forms provided by the Regional Director for Region 8,
after being signed by the Respondents’ authorized repre-
sentative, shall be posted by the Respondents 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 Respondents cus-
tomarily communicate with their employees by such
means. Reasonable steps shall be taken by the Respond-
ents to ensure that the notices are not altered, defaced, or
covered by any other material. In the event that, during
the pendency of these proceedings, the Respondents have
gone out of business or closed the facilities involved in
these proceedings, the Respondents shall duplicate and
mail, at their own expense, a copy of the notice to all
current employees and former employees employed by
the Respondents at any time since January 1, 2012.
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.”
(j) Within 21 days after service by the Region, file
with the Regional Director for Region 8 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondents have
taken to comply.
APPENDIX A
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 continue to employ
employees of Respondent Dentz engaged in providing
commercial and residential painting services because
they engage in protected concerted activities or because
of their support for and activities on behalf of the Union
or to discourage employees from engaging in these activ-
ities.
WE WILL NOT fail and refuse to bargain collectively
and in good faith with Painters & Allied Trades District
Council, No. 6 as the limited exclusive collective bar-
gaining representative of our unit employees in the fol-
lowing unit during the term of the 2009–2013 Working
Agreement and any automatic renewal or extension of it:

All journeymen and apprentices engaged in commer-
cial and residential painting work and related work.

WE WILL NOT fail and refuse to continue in effect all of
the terms and conditions of the 2009–2013 Working
Agreement and any automatic renewal or extension of it.
WE WILL NOT bypass the Union or deal directly with
employees with respect to wages and other terms and
conditions of employment by discussing and negotiating
individual pay rates and benefits.
WE WILL NOT fail and refuse to furnish the Union with
requested information that is necessary for and relevant
to the performance of its duties as the exclusive collec-
tive-bargaining representative of the unit employees.

DENTZ PAINTING, INC. 397
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, on request, bargain with the Union as the
limited exclusive collective-bargaining representative of
the employees in the unit.
WE WILL, on request by the Union, continue in effect
all of the terms and conditions of employment contained
in our 2009–2013 Working Agreement and any automat-
ic renewal or extension of it, and WE WILL rescind any
unilateral changes upon request.
WE WILL make our unit employees whole for any loss
of earnings or other benefits they may have suffered as a
result of our unlawful conduct, with interest.
WE WILL, within 14 days from the date of the Board’s
Order, offer the unit employees full reinstatement to their
former jobs or, if those jobs no longer exist, to substan-
tially equivalent positions, without prejudice to their sen-
iority or any other rights or privileges previously en-
joyed.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful failure to continue to employ employees of Respond-
ent Dentz engaged in providing commercial and residen-
tial painting services, and WE WILL, within 3 days there-
after, notify the employees in writing that this has been
done and that the terminations will not be used against
them in any way.
WE WILL furnish the Union with the information it re-
quested on March 8, 2012.
WE WILL compensate our unit employees for the ad-
verse tax consequences, if any, of receiving lump-sum
backpay awards, and WE WILL file a report with the So-
cial Security Administration allocating the backpay
award to the appropriate calendar quarters for each em-
ployee.

DENTZ PAINTING, INC. AND GLOBAL
CONTRACTING SERVICES

The Board’s decision can be found at
www.nlrb.gov/case/08-CA-083055 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1099 14th Street, N.W., Washington,
D.C. 20570, or by calling (202) 273-1940.

398 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD

APPENDIX B APPENDIX B
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