South Central Electrical and Maintenance Company

National Labor Relations Board - Board Decisions

Oct 22, 2014

361 NLRB No. 69 (N.L.R.B. 2014)

361 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
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.
South Central Electrical and Maintenance Compa-
ny and International Association of Machinists
& Aerospace Workers, AFL–CIO, Local
Lodge 845. Case 28–CA–132388
October 22, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS JOHNSON
AND SCHIFFER
The General Counsel seeks a default judgment in
this case on the ground that the Respondent has failed
to file an answer to the complaint. Upon a charge filed
by International Association of Machinists & Aero-
space Workers, AFL–CIO, Local Lodge 845, the Un-
ion, on July 9, 2014, the General Counsel issued the
complaint on July 23, 2014, against South Central
Electrical and Maintenance Company, the Respondent,
alleging that it has violated Section 8(a)(5) and (1) of
the Act. The Respondent failed to file an answer.
On August 14, 2014, the General Counsel filed a
Motion for Default Judgment with the Board. Thereaf-
ter, on August 18, 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.1
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 pan-
el.
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 stat-
ed that unless an answer was filed by August 6, 2014,
the Board may find, pursuant to a motion for default
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 August 7, 2014, notified the Respondent that
unless an answer were received by August 13, 2014, a
motion for default judgment would be filed. Neverthe-
less, the Respondent failed to file an answer.

1 On August 19, 2014, the Board issued an Order correcting the
show cause response date to September 2, 2014.
In the absence of good cause being shown for the
failure to file an answer, we deem the allegations in the
complaint 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
corporation with an office and place of business at the
Nellis Air Force Base in the State of Nevada, where it
has been engaged in providing transient alert services.
In conducting its operations during the 12-month peri-
od ending July 9, 2014, the Respondent provided tran-
sient alert services at the Nellis Air Force Base in the
State of Nevada, to the United States valued in excess
of $500,000 and has had a substantial impact on the
national defense of the United States.
In conducting its operations during the 12-month pe-
riod ending July 9, 2014, the Respondent performed
services valued in excess of $50,000 in States other
than the State of Nevada.
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 organ-
ization within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, Jesse Samuel has held the po-
sition of president of the Respondent and has been a
supervisor of the Respondent within the meaning of
Section 2(11) of the Act and an agent of the Respond-
ent 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 regular full-time and part-time aircraft servicers
employed by Respondent at the Nellis Air Force
Base, excluding all other employees, guards and su-
pervisors as defined in the Act.
On March 17, 2014, the Union was certified as the
exclusive collective-bargaining representative of the
unit.
At all times since March 17, 2014, based on Section
9(a) of the Act, the Union has been the exclusive col-
lective-bargaining representative of the unit.
About March 28 and June 10, 2014, by letters, and
about June 11, 2014, by email, the Union requested
that the Respondent bargain collectively with the Un-
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
ion as the exclusive collective-bargaining representa-
tive of the unit.
Since about March 28, 2014, the Respondent has
failed and refused to bargain with the Union as the
exclusive collective-bargaining representative of the
unit.
Since about March 28 and June 10, 2014, by letters,
and since about June 11, 2014, by email, the Union has
requested that the Respondent furnish it with the in-
formation contained in the letter attached to the com-
plaint as Exhibit 1.2
The information requested by the Union is necessary
for, and relevant to, the Union’s performance of its
duties as the exclusive collective-bargaining repre-
sentative of the unit.
Since about March 28, 2014, the Respondent has
failed and refused to furnish the Union with the re-
quested information.
CONCLUSION OF LAW
By the acts and conduct described above, the Re-
spondent has been failing and refusing to bargain col-
lectively with the exclusive collective-bargaining rep-
resentative of its employees within the meaning of
Section 8(d) of the Act in violation of Section 8(a)(5)
and (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
certain unfair labor practices, we shall order it to cease
and desist and to take certain affirmative action de-
signed to effectuate the policies of the Act. Specifical-
ly, having found that the Respondent has violated Sec-
tion 8(a)(5) and (1) of the Act by failing and refusing
since about March 28, 2014, to bargain with the Union
and provide it with requested information, we shall
order the Respondent, on request, to meet and bargain
with the Union as the exclusive collective-bargaining
representative of the unit employees and, if an under-
standing is reached, to embody the understanding in a
signed agreement. We shall also order the Respondent
to furnish the Union with the information requested
since March 28, 2014.
To ensure that the employees are accorded the ser-
vices of their selected bargaining agent for the period
provided by law, we shall construe the initial period of
the certification as beginning the date the Respondent
begins to bargain in good faith with the Union. Mar-

2 The Union’s request for information is incorporated into this
Decision and Order as “Appendix B.”
Jac Poultry Co., 136 NLRB 785 (1962); accord: Bur-
nett Construction Co., 149 NLRB 1419, 1421 (1964),
enfd. 350 F.2d 57 (10th Cir. 1965); Lamar Hotel, 140
NLRB 226, 229 (1962), enfd. 328 F.2d 600 (5th Cir.
1964), cert. denied 379 U.S. 817 (1964).
ORDER
The National Labor Relations Board orders that the
Respondent, South Central Electrical and Maintenance
Company, Houston, Texas and Las Vegas Nevada, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing to recognize and bargain
with International Association of Machinists & Aero-
space Workers, AFL–CIO, Local Lodge 845, as the
exclusive collective-bargaining representative of the
employees in the bargaining unit.
(b) Failing and refusing to furnish the Union with
requested information that is relevant and necessary to
the Union’s performance of its duties as the exclusive
collective-bargaining representative of the unit em-
ployees.
(c) In any like or related manner interfering with,
restraining, 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 the Union as the exclu-
sive collective-bargaining representative of the em-
ployees in the following appropriate unit concerning
terms and conditions of employment and, if an under-
standing is reached, embody the understanding in a
signed agreement:
All regular full-time and part-time aircraft servicers
employed by Respondent at the Nellis Air Force
Base, excluding all other employees, guards and su-
pervisors as defined in the Act.
(b) Furnish to the Union in a timely manner the in-
formation requested by the Union on March 28, June
10, and June 11, 2014.
(c) Within 14 days after service by the Region, post
at its facility located at Nellis Air Force Base in the
State of Nevada, copies of the attached notice marked
“Appendix A.”3 Copies of the notice, on forms pro-
vided by the Regional Director for Region 28, after
being signed by the Respondent’s authorized repre-

3 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.”
SOUTH CENTRAL ELECTRICAL & MAINTENANCE CO. 3
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
customarily posted. In addition to physical posting of
paper notices, notices shall be distributed electronical-
ly, such as by email, posting on an intranet or an inter-
net site, and/or other electronic means, if the Respond-
ent 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. If the Re-
spondent 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 employees
employed by the Respondent at any time since March
28, 2014.
(d) Within 21 days after service by the Region, file
with the Regional Director for Region 28 a sworn cer-
tification of a responsible official on a form provided
by the Region attesting to the steps that the Respond-
ent has taken to comply.
Dated, Washington, D.C. October 22, 2014
_____________________________________
Mark Gaston Pearce, Chairman
_____________________________________
Harry I. Johnson, III, 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 behalf
Act together with other employees for your
benefit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT fail and refuse to recognize and bar-
gain with International Association of Machinists &
Aerospace Workers, AFL–CIO, Local Lodge 845, as
the exclusive collective-bargaining representative of
our employees in the bargaining unit.
WE WILL NOT fail and refuse to furnish the Union
with requested information that is relevant and neces-
sary to the Union’s performance of its duties as the
exclusive collective-bargaining representative 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 , on request, bargain with the Union as the
exclusive collective-bargaining representative of the
employees in the following appropriate unit concern-
ing terms and conditions of employment and, if an
understanding is reached, embody the understanding in
a signed agreement:
All regular full-time and part-time aircraft servicers
employed by us at the Nellis Air Force Base, exclud-
ing all other employees, guards and supervisors as
defined in the Act.
WE WILL furnish to the Union in a timely manner the
information it requested on March 28, June 10, and
June 11, 2014.
SOUTH CENTRAL ELECTRICAL AND
MAINTENANCE COMPANY
The Board’s decision can be found at
www.nlrb.gov/case/28–CA–132388 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.

4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
APPENDIX B
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6 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
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8 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
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