Ortbals Enterprises d/b/a Bemboom Heating and Cooling LLC and Bemboom Heating and Cooling Residentia

National Labor Relations Board - Board Decisions

Jul 9, 2014

360 NLRB No. 139 (N.L.R.B. 2014)

360 NLRB No. 139
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.
Ortbals Enterprises d/b/a Bemboom Heating and
Cooling LLC and Bemboom Heating and Cool-
ing Residential Services LLC, Alter Egos and a
Single Employer and Local 36, Sheet Metal
Workers International Association, AFL–CIO,
Affiliated with Sheet Metal Workers Interna-
tional Association. Case 14–CA–112848
July 9, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA
AND SCHIFFER
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has withdrawn its
answer to the complaint. Upon a charge filed by Local
36, Sheet Metal Workers International Association,
AFL–CIO, affiliated with Sheet Metal Workers Interna-
tional Association (the Union) on September 9, 2013, the
General Counsel issued a complaint on November 25,
2013, against Ortbals Enterprises d/b/a Bemboom Heat-
ing and Cooling LLC (Respondent Bemboom) and
Bemboom Heating and Cooling Residential Services
LLC (Respondent Bemboom Residential), alter egos and
a single employer (collectively, the Respondent) alleging
that it has violated Section 8(a)(5) and (1) of the National
Labor Relations Act. The Respondent filed an answer to
the complaint. However, on March 12, 2014, the Re-
spondent withdrew its answer.
On March 19, 2014, the General Counsel filed a Mo-
tion for Default Judgment with the Board. On March 20,
2014, the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why the
motion should not be granted. 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. In addition, the complaint affirmatively stated
that unless an answer was received by December 9,
2013, the Board may find, pursuant to a motion for de-
fault judgment, that the allegations in the complaint are
true. Although the Respondent filed an answer on De-
cember 9, 2013, it subsequently withdrew its answer on
March 12, 2014. Such a withdrawal of an answer has the
same effect as a failure to file an answer, i.e., the allega-
tions in the complaint must be considered to be true.1
Accordingly, 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, Respondent Bemboom has been
a limited liability company with an office and place of
business in Jefferson City, Missouri (Respondent
Bemboom’s facility), and has been engaged in the sale,
installation, and service of commercial and residential
heating and air conditioning systems.
Since about March or April 2013, when it commenced
operations, Respondent Bemboom Residential has been a
limited liability company with an office and place of
business in Russellville, Missouri (Respondent
Bemboom Residential’s facility), and has been engaged
in the sale, installation, and service of commercial and
residential heating and air conditioning systems.
At all material times, Respondent Bemboom and Re-
spondent Bemboom Residential have had substantially
identical management, business purposes, operations,
equipment, customers, supervision, and ownership.
About October 2012, Respondent Bemboom Residen-
tial was established by Respondent Bemboom, and about
March or April 2013 Respondent Bemboom Residential
began business operations as a disguised continuation of
Respondent Bemboom.
Respondent Bemboom established Respondent
Bemboom Residential, as described above, for the pur-
pose of evading its responsibilities under the Act.
At all material times, Respondent Bemboom and Re-
spondent Bemboom Residential have been affiliated
business enterprises with common officers, ownership,
directors, management, and supervision; have formulated
and administered a common labor policy; have shared
common premises and facilities; have provided services
for and made sales to each other; have interchanged per-
sonnel with each other; have interrelated operations with
common insurance, purchasing, and sales; and have held
themselves out to the public as a single-integrated busi-
ness enterprise.
Based on the operations and conduct described above,
Respondent Bemboom and Respondent Bemboom Resi-
dential are, and have been at all material times, alter egos
and a single employer within the meaning of the Act.

1 See Maislin Transport, 274 NLRB 529 (1985).
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
At all material times the Respondent, with business
addresses at 5703 Business 50 West, Jefferson City, Mis-
souri, and 35803 Bottom Road, Russellville, Missouri
65074, has been engaged in the construction industry as a
heating and air conditioning contractor engaged in the
commercial and residential sale, installation, and service
of heating and air conditioning systems.
During the 12-month period ending March 9, 2013, the
Respondent, in conducting its business operations de-
scribed above, provided services valued in excess of
$50,000 within the State of Missouri for enterprises that
are directly engaged in interstate commerce including,
but not limited to, Ingersoll Rand, T. J. Maxx, Quik-
Cash, Brinco Mechanical, Kress Building, Jump Oil,
Habitat for Humanity, and to various governmental enti-
ties.
In conducting its operations during the 12-month peri-
od ending March 9, 2013, the Respondent purchased and
received at its Missouri facilities and at its jobsites locat-
ed in Missouri, goods valued in excess of $50,000 from
other enterprises, including Crescent Supply, Johnstone
Supply, Riback Supply, and Winair Supply, located with-
in the State of Missouri, each of which other enterprises
had received these goods directly from points outside the
State of Missouri.
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, 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:
Andrew
Ortbals—
Owner and Manager of Respondent
Bemboom, Organizer and Manager of
Respondent Bemboom Residential
Michelle
Ortbals—
Owner and Manager of Respondent
Bemboom Residential, Organizer and
Manager of Respondent Bemboom
The following employees of the Respondent, constitute
a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9(b) of the Act (the
unit):
All full-time and regular part-time employees of Re-
spondent engaged in the sale, installation and service of
commercial and residential heating and air conditioning
systems, including employees engaged in the: a) manu-
facture, fabrication, assembling, handling, erection, in-
stallation, dismantling, conditioning, adjustment, altera-
tion, repairing, and servicing of all ferrous and nonfer-
rous metal work and all other materials used in lieu
thereof and of all HVAC systems, air-veyor systems,
exhaust systems and air-handling systems regardless of
material used, including the setting of all equipment
and all reinforcements in connection therewith; (b) all
lagging over insulation and all duct lining; (c) testing
and balancing of all air-handling equipment and duct-
work; (d) the preparation of all shop and field sketches
whether manually drawn or computer assisted used in
fabrication and erection, including those taken from
original architectural and engineering drawings or
sketches; and (e) all other work included in the jurisdic-
tion of Sheet Metal Workers’ International Association.
About September 1, 2010, the Respondent, an employ-
er engaged in the building and construction industry,
entered into a collective-bargaining agreement effective
from September 1, 2010 to June 30, 2011, whereby it
recognized the Union as the limited 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.2 Such recognition
has been embodied in successive collective-bargaining
agreements, the most recent of which was signed about
July 7, 2011 and is effective until June 30, 2016 (the
2011–2016 agreement).
At all material times, including from July 7, 2011 until
June 30, 2016, based on Section 9(a) of the Act, the Un-
ion has been the limited exclusive collective-bargaining
representative of the unit.
Since about March 9, 2013, the Respondent failed to
continue in effect all the terms and conditions of the
2011–2016 agreement by failing to make contributions
for unit employees’ health and welfare benefits, pen-
sions, and other contractually required benefit funds.
Since about March 2013, the Respondent has refused
to recognize the Union as the limited exclusive collec-
tive-bargaining representative of unit employees em-
ployed by Respondent Bemboom Residential and has

2 The complaint alleges that the Respondent is a construction indus-
try employer and that it granted recognition to the Union without regard
to whether the Union had established majority status. Accordingly, we
find that the relationship was entered into pursuant to Sec. 8(f) of the
Act and that the Union is therefore the limited 9(a) representative of the
unit employees for the period covered by the contract. See, e.g., A.S.B.
Cloture, Ltd., 313 NLRB 1012 fn. 2 (1994), citing Electri-Tech, Inc.,
306 NLRB 707 fn. 2 (1992), and John Deklewa & Sons, 282 NLRB
1375 (1987), enfd sub nom. Iron Workers Local 3 v. NLRB, 843 F.2d
770 (3d Cir. 1988).
3
BEMBOOM HEATING & COOLING LLC
failed and refused to adhere to and apply the terms and
conditions of the 2011–2016 agreement to unit employ-
ees employed by Respondent Bemboom Residential, by,
including, but not limited to, repudiating the contractual
wage rates, health and welfare benefits, pension benefits,
and fringe benefit reporting and payment provisions,
exclusive job hiring hall provisions, and other terms and
conditions of employment set forth in the 2011–2016
agreement.
Since about March 2013, the Respondent has used Re-
spondent Bemboom Residential to evade the terms of the
2011–2016 agreement by transferring unit work from
Respondent Bemboom to Respondent Bemboom Resi-
dential.
The subjects set forth above relate to wages, benefits,
and other terms and conditions of employment of the unit
and are mandatory subjects for the purpose of collective
bargaining. The Respondent engaged in the conduct
described above without the Union’s consent.
Since about August 26, 2013, the Union has requested
in writing that the Respondent provide payroll infor-
mation, and permit an audit of the Respondent’s payroll
and employment records for the period of January 1,
2013 to the present to ensure the Respondent’s compli-
ance with the wage rates, fringe benefits contribution
requirements, and other terms of the 2011–2016 agree-
ment.
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 limited exclusive collective-
bargaining representative of the unit. Since about Au-
gust 26, 2013, the Respondent has failed and refused to
furnish the Union with the information requested by it as
described above.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
been failing and refusing to bargain collectively and in
good faith with the limited exclusive collective-
bargaining representative of its employees within the
meaning of Section 8(d) of the Act and in violation of
Section 8(a)(5) and (1) of the Act. The Respondent’s
unfair labor practices affect commerce within the mean-
ing 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 bargain with the Union
as the collective-bargaining representative of the unit
employees by failing to continue in effect, adhere to, and
apply the terms and conditions of the 2011–2016 agree-
ment, and by transferring unit work from Respondent
Bemboom to Respondent Bemboom Residential in order
to evade the terms of the 2011–2016 agreement, we shall
order the Respondent to bargain with the Union as the
limited exclusive collective-bargaining representative of
the employees in the unit, and to honor the 2011–2016
agreement.
In particular, having found that the Respondent has
failed, since about March 9, 2013, to continue in effect
all the terms and conditions of the 2011–2016 agreement
by failing to make contributions for unit employees’
health and welfare benefits, pensions, and other contrac-
tually required benefit funds, we shall order the Re-
spondent to make all contractually required contributions
to the funds that have not been made, including any addi-
tional amounts due the funds, as set forth in
Merryweather Optical Co., 240 NLRB 1213, 1216 fn. 7
(1979).3 Further, the Respondents shall reimburse unit
employees for any expenses ensuing from their failure to
make any required contributions, as set forth in Kraft
Plumbing & Heating, 252 NLRB 891, 891 fn. 2 (1980),
enfd. mem. 661 F.2d 940 (9th Cir. 1981),4 such amounts
to be computed in the manner set forth in Ogle Protec-
tion Service, 183 NLRB 682 (1970), enfd. 444 F.2d 502
(6th Cir. 1971), with interest as prescribed in New Hori-
zons for the Retarded, 283 NLRB 1171 (1987), com-
pounded daily as prescribed in Kentucky River Medical
Center, 356 NLRB No. 8 (2010).
We shall also order the Respondent to recognize the
Union as the limited exclusive collective-bargaining rep-

3 The complaint alleges, among other things, that: (1) the Respond-
ent violated Sec. 8(a)(5) and (1) by failing to pay contractually required
benefit funds specified in the parties’ collective-bargaining agreement;
and (2) those fund contributions are “terms and conditions of employ-
ment of the unit and are mandatory subjects for the purpose of collec-
tive bargaining for the purpose of collective bargaining.” By withdraw-
ing its answer to the complaint, the Respondent admitted those allega-
tions. Accordingly, we have found that the Respondent violated the
Act in that manner. We note, however, that the complaint did not spec-
ify the nature of all the benefit funds to which contributions are made.
Our order, therefore, directs the Respondent to make employees whole
with respect to those benefits, but does not foreclose the Respondent, at
the compliance stage of this proceeding, from showing that there are
some contractual fringe benefits that are permissive subjects of bargain-
ing and hence not covered by our Order. See, e.g., Joe’s Painting, 355
NLRB No. 214, slip op. at 3 fn. 4 (2010); Finger Lakes Plumbing &
Heating Co., 254 NLRB 1399, 1399 (1981).
4 To the extent an employee has made personal contributions to a
fund that are accepted by the fund in lieu of the Respondents’ delin-
quent contributions during the period of the delinquency, the Respond-
ents will reimburse the employee, but the amount of such reimburse-
ment will constitute a set off to the amount that the Respondents other-
wise owes to the fund.
4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
resentative of the unit employees employed by Respond-
ent Bemboom Residential and to adhere to and apply the
terms and conditions of the 2011–2016 agreement to the
unit employees, including, but not limited to, the contrac-
tual wage rates, health and welfare benefits, pension ben-
efits, fringe benefit reporting and payment provisions,
exclusive job hiring hall provisions, and other terms and
conditions of employment. The Respondent shall make
the unit employees whole for any loss of earnings and
other benefits they may have suffered as a result of the
Respondent’s failure to adhere to and apply the terms of
the 2011–2016 agreement to the unit employees of Re-
spondent Bemboom Residential. Such amounts shall be
computed in accordance with Ogle Protection Service,
supra, with interest as prescribed in New Horizons for
the Retarded, supra, compounded daily as prescribed in
Kentucky River Medical Center, supra.
Further, we shall order the Respondent to make the
unit employees whole for any loss of earnings and other
benefits they may have suffered as a result of the Re-
spondent’s transfer of unit work from Respondent
Bemboom to Respondent Bemboom Residential, such
amounts to be computed in the manner set forth in Ogle
Protection Service, supra, with interest as prescribed in
New Horizons for the Retarded, supra, compounded dai-
ly as prescribed in Kentucky River Medical Center, su-
pra.
We shall further order the Respondent to compensate
the unit employees for the adverse tax consequences, if
any, of receiving lump-sum backpay awards, and to file a
report with the Social Security Administration allocating
the backpay awards to the appropriate calendar quarters.
Finally, having found that the Respondent violated
Section 8(a)(5) and (1) by failing and refusing to provide
the Union with information that is necessary and relevant
to its role as the limited exclusive collective-bargaining
representative of the unit employees, we shall order the
Respondents to furnish the Union with the information it
requested in writing on August 26, 2013.5
ORDER
The National Labor Relations Board orders that the
Respondent, Ortbals Enterprises d/b/a Bemboom Heating
and Cooling LLC and Bemboom Heating and Cooling
Residential Services LLC, alter egos and a single em-

5 The General Counsel has additionally requested that a responsible
management official be required to read the notice to employees. We
deny the request because the General Counsel has not shown that the
Board’s traditional remedies are insufficient to remedy the violations
committed by the Respondent. See Bruce Packing Co., 357 NLRB No.
93, slip op. at 1 fn. 4 (2011); First Legal Support Services, LLC, 342
NLRB 350, 350 fn. 6 (2004).
ployer, Jefferson City and Russellville, Missouri, its of-
ficers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to bargain with Local 36,
Sheet Metal Workers International Association, AFL–
CIO, affiliated with Sheet Metal Workers International
Association, as the limited exclusive collective-
bargaining representative of the unit employees during
the term of the parties’ Agreement, effective July 7, 2011
until June 30, 2016 by failing to continue in effect, ad-
here to, and apply the terms and conditions of the 2011–
2016 agreement, and by transferring unit work from Re-
spondent Bemboom to Respondent Bemboom Residen-
tial in order to evade the terms of the 2011–2016 agree-
ment. The unit is:
All full-time and regular part-time employees of Re-
spondent engaged in the sale, installation and service of
commercial and residential heating and air conditioning
systems, including employees engaged in the: (a) man-
ufacture, fabrication, assembling, handling, erection,
installation, dismantling, conditioning, adjustment, al-
teration, repairing, and servicing of all ferrous and non-
ferrous metal work and all other materials used in lieu
thereof and of all HVAC systems, air-veyor systems,
exhaust systems and air-handling systems regardless of
material used, including the setting of all equipment
and all reinforcements in connection therewith; (b) all
lagging over insulation and all duct lining; (c) testing
and balancing of all air-handling equipment and duct-
work; (d) the preparation of all shop and field sketches
whether manually drawn or computer assisted used in
fabrication and erection, including those taken from
original architectural and engineering drawings or
sketches; and (e) all other work included in the jurisdic-
tion of Sheet Metal Workers’ International Association.
(b) Failing and refusing to continue in effect all the
terms and conditions of the 2011–2016 agreement by
failing to make contributions for unit employees’ health
and welfare benefits, pensions, and other contractually
required benefit funds and by transferring unit work from
Respondent Bemboom to Respondent Bemboom Resi-
dential in order to evade the terms of the 2011–2016
agreement.
(c) Failing and refusing to recognize the Union as the
limited exclusive collective-bargaining representative of
the unit employees employed by Respondent Bemboom
Residential and failing and refusing to adhere to apply
the terms and conditions of the 2011–2016 agreement to
those employees, including but not limited to the con-
tractual wage rates, health and welfare benefits, pension
benefits, and fringe benefit reporting and payment provi-
5
BEMBOOM HEATING & COOLING LLC
sions, exclusive job hiring hall provisions, and other
terms and conditions of employment set forth in the
2011–2016 agreement.
(d) Failing and refusing to furnish the Union with in-
formation that is relevant and necessary to its role as the
limited exclusive collective-bargaining representative of
the unit employees.
(e) 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 in good faith with Local 36,
Sheet Metal Workers International Association, AFL–
CIO, affiliated with Sheet Metal Workers International
Association as the limited exclusive collective-
bargaining representative of the unit employees during
the term of the parties’ agreement, effective July 7, 2011
until June 30, 2016 and continue in effect, adhere to, and
apply the terms and conditions of the 2011–2016 agree-
ment to the unit employees.
(b) Make all contractually required contributions to the
unit employees’ health and welfare benefits, pensions,
and other contractually required benefit funds that have
not been made since March 9, 2013, including any addi-
tional amounts due the funds, as set forth in the remedy
section of this decision.
(c) Reimburse unit employees for any expenses ensu-
ing from the Respondent’s failure to make the required
payments to the funds, with interest, in the manner set
forth in the remedy section of this decision.
(d) Make the unit employees whole for any loss of
earnings and other benefits they may have suffered as a
result of the Respondent’s unlawful transfer of unit work
from Respondent Bemboom to Respondent Bemboom
Residential, with interest, in the manner set forth in the
remedy section of this decision.
(e) Recognize the Union as the limited exclusive col-
lective-bargaining representative of the unit employees
employed by Respondent Bemboom Residential during
the term of the parties’ agreement, effective July 7, 2011
until June 30, 2016 and adhere to and apply the terms of
the 2011–2016 agreement to the unit employees includ-
ing, but not limited to, the contractual wage rates, health
and welfare benefits, pension benefits, fringe benefit
reporting and payment provisions, exclusive job hiring
hall provisions, and other terms and conditions of em-
ployment.
(f) Make the unit employees whole for any loss of
earnings or other benefits they may have suffered as a
result of the Respondent’s failure to adhere to and apply
the terms of the 2011–2016 agreement to the unit em-
ployees of Respondent Bemboom Residential, with in-
terest, in the manner set forth in the remedy section of
this decision.
(g) 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.
(h) Furnish the Union with the information it requested
on August 26, 2013.
(i) 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, timecards, per-
sonnel records and reports, and all other records, includ-
ing an electronic copy of such records if stored in elec-
tronic form, necessary to analyze the amount of backpay
due under the terms of this Order.
(j) Within 14 days after service by the Region, post at
its facilities in Jefferson City and Russellville, Missouri,
copies of the attached notice marked “Appendix.”6 Cop-
ies of the notice, on forms provided by the Regional Di-
rector for Region 14, after being signed by the Respond-
ent’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 customarily posted. In addition to physi-
cal 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 Re-
spondent customarily 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 covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current and former unit employees employed by the
Respondent at any time since about March 2013.
(k) Within 21 days after service by the Region, file
with the Regional Director for Region 14 a sworn certifi-
cation of a responsible official on a form provided by the

6 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.”
6 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. July 9, 2014
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Philip A. Miscimarra, Member
______________________________________
Nancy Schiffer, 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 violated
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 be-
half
Act together with other employees for your benefit and
protection
Choose not to engage in any of these protected activi-
ties.
WE WILL NOT fail and refuse to bargain with Local 36,
Sheet Metal Workers International Association, AFL–
CIO, affiliated with Sheet Metal Workers International
Association (the Union) as the limited exclusive collec-
tive-bargaining representative of our employees in the
following unit during the term of our 2011–2016 agree-
ment with the Union by failing to continue in effect, ad-
here to, and apply the terms and conditions of the 2011–
2016 agreement, and by transferring unit work from Re-
spondent Bemboom to Respondent Bemboom Residen-
tial in order to evade the terms of the 2011–2016 agree-
ment. The unit is:
All full-time and regular part-time employees of Re-
spondent engaged in the sale, installation and service of
commercial and residential heating and air conditioning
systems, including employees engaged in the: (a) man-
ufacture, fabrication, assembling, handling, erection,
installation, dismantling, conditioning, adjustment, al-
teration, repairing, and servicing of all ferrous and non-
ferrous metal work and all other materials used in lieu
thereof and of all HVAC systems, air-veyor systems,
exhaust systems and air-handling systems regardless of
material used, including the setting of all equipment
and all reinforcements in connection therewith; (b) all
lagging over insulation and all duct lining; (c) testing
and balancing of all air-handling equipment and duct-
work; (d) the preparation of all shop and field sketches
whether manually drawn or computer assisted used in
fabrication and erection, including those taken from
original architectural and engineering drawings or
sketches; and (e) all other work included in the jurisdic-
tion of Sheet Metal Workers’ International Association.
WE WILL NOT fail and refuse to continue in effect, all
the terms and conditions of the 2011–2016 agreement by
failing to make contributions for unit employees’ health
and welfare benefits, pensions, and other contractually
required benefit funds and by transferring unit work from
Respondent Bemboom to Respondent Bemboom Resi-
dential in order to evade the terms of the 2011–2016
agreement.
WE WILL NOT fail and refuse to recognize the Union as
the limited exclusive collective-bargaining representative
of the unit employees employed by Respondent
Bemboom Residential and WE WILL NOT fail and refuse
to adhere to and apply the terms and conditions of the
2011–2016 agreement to those employees, including but
not limited to the contractual wage rates, health and wel-
fare benefits, pension benefits, and fringe benefit report-
ing and payment provisions, exclusive job hiring hall
provisions, and other terms and conditions of employ-
ment set forth in the 2011–2016 agreement.
WE WILL NOT fail and refuse to furnish the Union with
information that is relevant and necessary to its role as
the limited exclusive collective-bargaining representative
of the 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, on request, bargain in good faith with Local
36, Sheet Metal Workers International Association,
AFL–CIO, affiliated with Sheet Metal Workers Interna-
tional Association as the limited exclusive collective-
bargaining representative of the unit employees during
the term of our 2011–2016 agreement with the Union,
and WE WILL continue in effect, adhere to, and apply the
terms and conditions of the 2011–2016 agreement to the
unit employees.
WE WILL make all contractually required contributions
to the unit employees’ health and welfare benefits, pen-
sions, and other contractually required benefit funds that
7
BEMBOOM HEATING & COOLING LLC
have not been made since March 9, 2013, including any
additional amounts due the funds, and WE WILL reim-
burse unit employees for any expenses ensuing from our
failure to make the required payments, with interest.
WE WILL make our unit employees whole for any loss
of earnings or other benefits they may have suffered as a
result of our transfer of unit work from Respondent
Bemboom to Respondent Bemboom Residential, with
interest.
WE WILL recognize the Union as the limited exclusive
collective-bargaining representative of the unit employ-
ees employed by Respondent Bemboom Residential dur-
ing the term of our 2011–2016 agreement with the Union
and WE WILL adhere to and apply the terms of the 2011–
2016 agreement to the unit employees including, but not
limited to, the contractual wage rates, health and welfare
benefits, pension benefits, fringe benefit reporting and
payment provisions, exclusive job hiring hall provisions,
and other terms and conditions of employment.
WE WILL make our unit employees whole for any loss
of earnings or other benefits they may have suffered as a
result of our failure to adhere to and apply the terms of
the 2011–2016 agreement to the unit employees of Re-
spondent Bemboom Residential, with interest.
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.
WE WILL furnish the Union with the information it re-
quested on August 26, 2013.
ORTBALS ENTERPRISES D/B/A BEMBOOM
HEATING AND COOLING LLC AND BEMBOOM
HEATING AND COOLING RESIDENTIAL SERVICES
LLC, ALTER EGOS AND A SINGLE EMPLOYER
The Board’s decision can be found at
www.nlrb.gov/case/14-CA-112848 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.