Perkins Management Service Company

National Labor Relations Board - Board Decisions

May 30, 2019

367 NLRB No. 146 (N.L.R.B. 2019)

367 NLRB No. 146
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the
Executive 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
Perkins Management Service Company and UNITE
Here Local 1. Case 13–CA–223500
May 30, 2019
DECISION AND ORDER
BY MEMBERS MCFERRAN, KAPLAN, AND EMANUEL
The General Counsel seeks a default judgment in this
case on the ground that the Respondent, Perkins Man-
agement Service Company, has failed to file an answer to
the complaint. Upon a charge and amended charge filed
by UNITE HERE, Local 1 (the Union) on July 11 and
October 29, 2018, respectively, the General Counsel is-
sued a complaint on November 5, 2018, against the Re-
spondent, 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 December 20, 2018, the General Counsel filed with
the National Labor Relations Board a Motion for Default
Judgment. On January 3, 2019, the Board issued an or-
der 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 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 November 19,
2018, the Board may find, pursuant to a motion for de-
fault judgment, that the allegations in the complaint are
true. Further, the undisputed allegations in the General
Counsel's motion disclose that the Region, by letter dated
November 29, 2018, notified the Respondent that unless
an answer was received by December 6, 2018, 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
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a cor-
poration with an office and place of business in Chicago,
Illinois, and has been engaged in the business of provid-
ing food and beverage services to colleges and universi-
ties.
In conducting its operations during the last calendar
year, the Respondent purchased and received at its Chi-
cago, Illinois facility, goods valued in excess of $50,000
directly from points outside the State of Illinois.
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:
Barry McCauley, Jr. Executive Vice President
Tonya Ford - Human Resources Director
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:
All full and part-time cooks, grill cook, prep cooks, ca-
tering attendants, catering leads, cashiers, lead utility,
FSW, utility supervisors, kitchen supervisors, and sous
chefs, at Chicago State University located 9501 Martin
Luther King Drive, Chicago, Illinois excluding manag-
ers, confidential and clerical employee, of-
fice/professional employees, and guards as defined in
the National Labor Relations Act.
Since about July 10, 2017, and at all material times,
the Respondent has recognized the Union as the exclu-
sive collective-bargaining representative of the unit. This
recognition has been embodied in a collective-bargaining
agreement (the Agreement) effective from August 1,
2015, to September 1, 2019.
At all times since July 10, 2017, based on Section 9(a)
of the Act, the Union has been the exclusive collective-
bargaining representative of the unit.
Since about February 20, 2018, and continuing to date,
the Respondent failed to continue in effect all the terms
and conditions of the Agreement by refusing to respond,
meet, and/or process grievances filed by the Union pur-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
suant to the parties’ grievance/arbitration procedure set
forth in Section 3 of the Agreement.
Since August 2, 2018, the Respondent has failed to re-
spond to the Union’s request to schedule dates to strike
arbitrators.
The terms and conditions of employment described
above are mandatory subjects for the purposes of collec-
tive bargaining. The Respondent engaged in the conduct
described above without the Union’s consent. By the
conduct described above, the Respondent repudiated
Section 3 of the Agreement.
On about the dates specified below, the Union, by
email (unless otherwise indicated) to the Respondent’s
Human Resources Director Tonya Ford, requested that
the Respondent provide the following information:
1. February 20, 2018:
a. The Respondent’s position on grievance #
20180374;
b. Payroll procedures and processes;
2. March 16, 2018:
a. The Respondent’s position on grievance #
20180586;
b. Copies of payroll records for the grievants’ depart-
ment from the previous four weeks to the present;
3. March 22, 2018:
a. The Respondent’s position on grievance #
20172756;
b. All schedules for the grievant’s departments for the
previous four weeks to the present;
c. A list of open positions posted for the previous four
weeks to the present;
4. March 22, 2018:
a. The Respondent’s position on grievance #
20172767;
b. Documentation of paid time off accrued and used by
the grievants of the past 12 months to the present;
5. April 23, 2018:
a. The Respondent’s position on grievance #
20180896;
b. The relevant rules and policies relating to the inci-
dent;
c. Copies of any live discipline in the grievant’s file;
d. A list of employees who were disciplined for the
same offense in the last 30 days;
6. April 23, 2018:
a. The Respondent’s position on grievance #
20180897;
b. Relevant company rules and policies relating to the
incident;
c. Copies of any live discipline in the grievant’s file;
d. Relevant polices, reports/documents, and video;
7. June 1, 2018:
a. The company relationship policy signed by Kenyada
Lester;
b. Felicia Branch’s disciplinary record;
c. Police/campus statements;
d. Video footage of the incident;
8. June 1, 2018 (verbally):
a. Statements or reports from campus police regarding
the incident that led to the unjust discipline of employ-
ee Kenyada Lester;
b. Any documents from the University in which they
said they did not want employee Kenyada Lester back
on campus;
c. Whether Kenyada Lester was the only employee
disciplined over the incident;
d. Whether the other employee involved in the inci-
dent, Felicia Branch, was still employed;
e. Whether the other employee involved in the incident
had also been disciplined;
9. June 5, 2018 (verbally):
a. All documents in which the University stated that
they did not want Kenyada Lester on University prop-
erty.
The information requested by the Union, described
above, is necessary for, and relevant to, the Union’s per-
formance of its duties as the exclusive collective-
bargaining representative of the unit.
At all material times since about February 20, 2018,
the Respondent has failed and refused to furnish the Un-
ion with the requested information, described above.
CONCLUSION OF LAW
By the conduct described above, the Respondent has
failed and refused to bargain collectively and in good
faith with the exclusive collective-bargaining representa-
tive of its employees in violation of Section 8(a)(5) and
(1) of the Act. The unfair labor practices of the Re-
spondent affect commerce within the meaning of Section
2(6) and (7) of the Act.
3
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, we shall
order the Respondent to comply with the contractual
grievance/arbitration procedure, to process all grievances
that have not been processed since February 20, 2018,
and to respond to the Union’s request to schedule dates
to strike arbitrators. We shall also order the Respondent
to furnish the Union with the information it requested by
email on February 20, March 16 and 22, April 23, and
June 1, 2018, and verbally on June 1 and 5, 2018.
ORDER
The National Labor Relations Board orders that the
Respondent, Perkins Management Service Company, its
officers, agents, successors, and assigns, shall:
1. Cease and desist from
(a) Failing to continue in effect all the terms and con-
ditions of the August 1, 2015–September 1, 2019 collec-
tive-bargaining agreement with UNITE HERE, Local 1
by repudiating the grievance/arbitration procedure of the
contract without the Union’s consent, by failing and/or
refusing to respond, meet, and/or process grievances, and
by failing to respond to the Union’s request to schedule
dates to strike arbitrators.
(b) Refusing to bargain collectively with the Union by
failing and refusing to furnish it with requested infor-
mation that is necessary and relevant to the Union’s per-
formance of its functions as the collective-bargaining
representative of the Respondent’s unit employees.
(c) 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) Comply with the contractual grievance/arbitration
procedure, process all grievances that have not been pro-
cessed since February 20, 2018, and respond to the Un-
ion’s request to schedule dates to strike arbitrators.
(b) Furnish to the Union in a timely manner the in-
formation it requested by email on February 20, March
16 and 22, April 23, and June 1, 2018, and verbally on
June 1 and 5, 2018.
(c) Within 14 days after service by the Region, post at
its facility in Chicago, Illinois copies of the attached no-
tice marked “Appendix.”1 Copies of the notice, on forms

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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
provided by the Regional Director for Region 13, after
being signed by the Respondent’s authorized representa-
tive, 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 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 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 February 20, 2018.
(d) Within 21 days after service by the Region, file
with the Regional Director for Region 13 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. May 30, 2019
______________________________________
Lauren McFerran, Member
______________________________________
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
violated Federal labor law and has ordered us to post and
obey this notice.

ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
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 repudiate, or fail and refuse to adhere to,
the grievance/arbitration provision of our collective-
bargaining agreement with UNITE HERE, Local 1.
WE WILL NOT refuse to bargain collectively with the
Union by failing and refusing to furnish it with requested
information 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 adhere to the grievance/arbitration provision
of our collective-bargaining agreement with the Union
and WE WILL process any grievances we failed to process
pursuant to that provision and respond to the Union’s
request to schedule dates to strike arbitrators.
WE WILL furnish to the Union in a timely manner the
information it requested by email on February 20, March
16 and 22, April 23, and June 1, 2018, and verbally on
June 1 and 5, 2018.
PERKINS MANAGEMENT SERVICE
COMPANY
The Board’s decision can be found at
www.nlrb.gov/case/13-CA-223500 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.